Hayward Zoning and ADU Guide for Homeowners and Sellers

Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team. Information comes from the City of Hayward; sources are listed at the end.

Hayward takes all ADU and JADU permit applications through its e-Permit Portal, and it runs an ADU Amnesty Program for unpermitted units built before January 1, 2020. Both matter if you own, or are buying, a property with a backyard unit or converted space.

Hayward ADU and zoning at a glance

How do you permit an ADU in Hayward?

The city asks you to first contact a planner to confirm the site is eligible, then register for an e-Permit Portal account and apply online with the required materials.

A custom ADU or JADU needs construction documents (site plan, floor plan, elevations, sections, details and a Title 24 energy report) and the city’s ADU checklist. If you use a pre-approved plan from Hayward’s ADU Plans Gallery, you submit the purchased plan set plus site-specific documents.

A plan review fee is due before review; other fees are due when permits are ready for issuance.

What is the ADU Amnesty Program?

The program helps owners bring unpermitted ADUs and JADUs up to the standards of Health and Safety Code 17920.3. To qualify, the unit must have been built or converted before January 1, 2020, and the parcel must be residentially zoned.

For a JADU, the main residence or the JADU must be owner-occupied, with a deed restriction filed with the Alameda County Assessor’s Office. The Building Division issues a Certificate of Compliance after an inspection by a city inspector or a third-party code inspection from a licensed contractor.

The city says the certificate gives assurance that code enforcement proceedings on the previously unpermitted unit will not be triggered, provided no additional unpermitted work is performed.

Owners must show proof the unit pre-dates 2020, such as a letter from a licensed professional, escrow documents, prior city records or transfer disclosure forms. The amnesty permit carries a fee in addition to administrative and state fees.

How ADUs affect selling a house in Hayward

An unpermitted unit can complicate financing and appraisal, and sellers generally must disclose known issues. Legalizing takes inspections, documents and fees. A cash buyer can purchase the property with the unit as it stands and price the risk into the offer.

How to sell a house in Hayward with an unpermitted unit

1. Confirm what you have. Note when the unit was built or converted and gather any records.
2. Check zoning and eligibility. Use the city webmap and contact a planner at (510) 583-4216.
3. Weigh legalizing against selling as-is. The amnesty route needs inspection, proof of date and fees.
4. Disclose honestly. A cash offer removes repairs and inspections but not disclosure duties.

We buy Hayward houses as they are. Read how selling a house as-is in Hayward works, or see our Hayward cash-offer process. See also the Hayward building permits guide and Hayward code enforcement guide.

Selling a property with an unpermitted unit? Call (424) 435-2326 or request a cash offer. There is no cost and no obligation.

Hayward zoning and ADU FAQ

How do I apply for an ADU permit in Hayward?

All ADU and JADU permits are submitted through the Hayward e-Permit Portal after you register an account.

What is Hayward’s ADU Amnesty Program?

It helps owners legalize unpermitted ADUs and JADUs built or converted before January 1, 2020, so they meet Health and Safety Code 17920.3 standards.

What is a Certificate of Compliance?

The Building Division issues it after an unpermitted unit is recognized as legalized under the amnesty program. The city says it provides assurance that code enforcement proceedings will not be triggered, as long as no additional unpermitted work is done.

Can I sell a Hayward property with an unpermitted ADU?

Yes. It does not legally stop a sale, but it can slow a traditional one. A cash buyer can purchase the property as-is.

Sources

• City of Hayward: ADU and JADU permits
• City of Hayward: AB 2533 ADU Amnesty program

This guide is general information, not legal advice. Rules and fees change; confirm requirements with the City of Hayward.