New zoning changes allow faster, cheaper process to build homes

Starting November 1, "Middle Housing" zoning changes encourage building more housing units in Berkeley.

Berkeley homeowners seeking to build a new backyard unit or bedroom can now apply for permits that cost less, have clearer standards, and can get reviewed faster.

Applicants also have a faster process with more certain outcomes to build small apartments in areas previously limited to single-family dwellings by following a checklist of set guidelines.

These new, City Council-approved changes encourage construction of new units in these neighborhoods, where all height limits would be 35 feet - the height of many existing single-family homes. These new types of units can range from duplexes to small-scale, multi-family apartments.

Renters - who make up 60 percent of Berkeleyans - are already protected from illegal evictions and receive special rights in case of displacement from new housing construction.

In effect on November 1, 2025, these changes create more certain paths to approval for applicants without lengthy waits for a public review and possible appeals. In doing so, they address central issues in the ongoing housing crisis - not just more homes, but also more types of homes for all people.

Learn more about how you or others can apply to build a new bedroom or unit on your property.

Changes apply to most residential neighborhoods

These changes - known as "Middle Housing" zoning changes - apply to all parts of Berkeley which are primarily zoned for residential uses. The only exceptions are high fire hazard areas in the Berkeley Hills.

On the City's zoning map, shown below, these changes apply to lots that are zoned R-1, R-2, R-2A, and MU-R:

To see if your property qualifies, visit the City's Community GIS Portal. After searching, click on the parcel, and a pop-up window will show your "zoning district."

faster, cheaper, and simpler to build new housing

Applicants for qualifying projects can save months of time and thousands of dollars in fees by submitting applications which meet a pre-set checklist of objective standards.

If all standards are met, then City staff will approve and process your application in as quickly as 30 days - much shorter than the six to 15 months it used to take before the zoning changes.

Fees are now 50% to 75% less than the previous discretionary permits. Applicants also save money through reduced review time and more predictable outcomes.

The standards include:

• A single 35-foot maximum height standard, which cannot be changed or exceeded with any additional permit
• A maximum lot coverage standard of 60%; and
• Front and rear setbacks must total at least 20 feet, with a minimum of five feet in the front and five feet in the rear

The new zoning changes also ease approval for residential additions while removing extra requirements when adding bedrooms to an existing home.

protections shield renters from displacement

The City has numerous protections and services to ensure renters are not removed from their homes without recourse:

• All demolished housing units must be replaced with the same number of homes upon construction, whether they are affordable housing or market-rate housing.
• Existing tenants of an affordable housing unit must be offered the same type of affordable unit in the new building if their income qualifies.
• Existing tenants in both affordable and market-rate housing units have a right of first refusal for a new unit comparable in price and size.

The City of Berkeley has an independent Rent Stabilization Board, which provides counseling to landlords and tenants.

a more affordable and inclusive berkeley

The zoning changes are part of Berkeley's efforts to increase housing supply to make it more affordable to live in the city.

The Bay Area is among the most expensive places to live in the United States. More housing supply reduces demand and allows more families, students, and workers to live in Berkeley.

Increasing housing in developed urban spaces also reduces the need for driving short distances. More people can access cleaner mass transit options while they live close to work, school, and amenities like a grocery store.

Learn how you can take advantage of the new Middle Housing zoning changes to build additional housing for your needs.

links

• Middle Housing Zoning
  • Middle Housing Forms
• City's Community GIS Portal
• Zoning Ordinance and General Plan Amendments Relating to Middle Housing, June 26, 2025

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