ADU FeeMap

Updated Oct 18, 2026

ADU fees in Milpitas: $6,769–$15,201 for a 1,000 sq ft backyard unit

Milpitas publishes an ADU permit fee estimate by size, from about $4,000 at 500 sq ft to $6,900 at 1,200 sq ft. It charges no park in-lieu fee for ADUs, and outside the Metro specific plan area ADUs pay no city impact fee. Water and sewer connection fees apply only when a new connection is needed, scaled by the ADU's share of the main home's size.

Modeled fees by ADU size

Detached ADU, 2,000 sq ft main home (example assumption), law in force today. Bars: solid = fees that apply, hatched = fees that may apply.

  1. 499 sq ft

    $4,757–$6,632

    Impact fees: $0 (750 sq ft or less)

    Itemize in calculator →
  2. 750 sq ft

    $5,964–$12,464

    Impact fees: $0 (750 sq ft or less)

    Itemize in calculator →
  3. 1,000 sq ft

    $6,769–$15,201

    Impact fees: $0 max

    Itemize in calculator →
  4. 1,200 sq ft

    $7,640–$17,618

    Impact fees: $0 max

    Itemize in calculator →

Line by line

Each fee with its official source (numbers link to the source list). Est. = computed by us from the official rate; May apply = high total only; Up to = statewide cap, district may charge less.

Fee499 sq ft750 sq ft1,000 sq ft1,200 sq ft
Building permit & plan check
Building, planning and land development permit fees (City estimate table)1The City's own estimate by maximum floor area, in 100 sq ft rows; we use the row at or above your size. It's labeled a minimum (planning and land development review are billed by the hour beyond the minimum) and is based on the FY 2025-26 schedule (handout dated June 11, 2026).Est.$4,048Est.$5,255Est.$6,060Est.$6,931
New address request permit1$709$709$709$709
Fire sprinkler review1If the ADU needs a fire sprinkler system.May apply$703May apply$703May apply$703May apply$703
Impact fees
Park in-lieu fee1Milpitas doesn't charge a park in-lieu fee for new ADUs.ExemptExempt$0$0
School district fee
School fee (statewide cap shown)3ExemptUp to$4,035Up to$5,380Up to$6,456
Utility connections
Water connection fee1Only if the City requires or you request a new connection. Single-family lot: $1,910.00 × ADU sq ft ÷ existing main-home sq ft (multifamily lots use a different rate).May apply$477May apply$716May apply$955May apply$1,146
Sewer connection fee1Only if the City requires or you request a new connection. Single-family lot: $1,908.00 × ADU sq ft ÷ existing main-home sq ft (multifamily lots use a different rate).May apply$476May apply$716May apply$954May apply$1,145
Treatment plant fee (new sewer connection)1Only if the City requires or you request a new connection. Single-family lot: $880.00 × ADU sq ft ÷ existing main-home sq ft (multifamily lots use a different rate).May apply$220May apply$330May apply$440May apply$528
Modeled total$4,757–$6,632$5,964–$12,464$6,769–$15,201$7,640–$17,618

Rules

What you can build in Milpitas

Maximum size
State floor: cities must allow at least 850 sq ft (1,000 sq ft with 2+ bedrooms); detached ADUs can be capped at 1,200 sq ft. Local rule not captured yet. 4
Height
State floor: 16 ft detached (18 ft near transit or on a multifamily lot, +2 ft for roof pitch); 25 ft attached. Local rule not captured yet. 4
Setbacks
State limit: no more than 4 ft side and rear. Local rule not captured yet. 4
Parking
State limit: at most 1 space per ADU or bedroom, and none within ½ mile of transit and in other cases. Local rule not captured yet. 4
Owner occupancy
State law: cities can't require the owner to live on site for an ADU (JADUs: owner on site if sanitation is shared). Local rule not captured yet. 4
Pre-approved plans
State law: every city must run a program to pre-approve ADU plans (Gov. Code 65852.27). Local rule not captured yet. 4

State law

Why a 750 sq ft ADU pays no impact fees

California bars impact fees on ADUs of 750 sq ft or less of interior livable space. Above that, they must be proportional to the main home’s size; we assume 2,000 sq ft unless you enter yours. School fees start at 500 sq ft. From January 1, 2027, SB 1117 limits impact fees to the area over 750 sq ft. How the state rules work →

ADU permits issued

Milpitas issued 49 ADU building permits in 2025

263 from 2018 to 2025, as the jurisdiction reported to the state in its Housing Element Annual Progress Reports (Table A2, ADU rows; may include JADUs). “–” means no ADU rows were reported that year.

  1. 12018
  2. 162019
  3. 172020
  4. 322021
  5. 712022
  6. 332023
  7. 442024
  8. 492025

Source: HCD via data.ca.gov, Housing Element Annual Progress Report (APR) data, Table A2: ADU building permits by year (opens in new tab), retrieved Oct 18, 2026.

Not modeled yet

What these totals leave out

  • The City's estimate table is based on the FY 2025-26 schedule and is labeled a minimum; Milpitas adopted a new user and regulatory fee schedule effective November 2, 2026 that we haven't modeled line by line yet.
  • ADUs in the Milpitas Metro (TASP) area may owe the area's development impact fee ($51,828 per residential unit in FY 2026-27); whether and how it applies to an ADU isn't stated, so it isn't included.
  • School district rate not captured; shown at the statewide cap.
  • Local size, height and parking rules not captured yet; the state minimums apply.

News

Recent changes affecting Milpitas

State lawStatewide

SB 1117 signed: from 2027, ADU impact fees can only be charged on the area over 750 sq ft

The Governor approved SB 1117 (Chapter 809, Statutes of 2026) on September 29, 2026. It amends Gov. Code 66311.5: on lots with up to two ADUs, impact fees on an ADU over 750 sq ft must still be proportional to the primary home, and may only be charged on the area over 750 sq ft. Regular 2026 statutes take effect January 1, 2027. Until then, fees on a larger ADU are figured on its full size. Our calculator has a 2027 setting that shows the difference.

Source: California Legislative Information: SB 1117 (Chapter 809, Statutes of 2026), chaptered text (opens in new tab)

GuidanceStatewide

HCD publishes its updated ADU Handbook (March 2026)

The Department of Housing and Community Development updated its ADU Handbook to reflect the laws that took effect January 1, 2026. Its proportional-fee example: a 1,000 sq ft ADU next to a 2,000 sq ft home pays 50% of the fee a new home would pay. Our models use 2,000 sq ft as the example primary-home size unless you enter your own.

Source: California Department of Housing and Community Development (HCD): Accessory Dwelling Unit Handbook (March 2026) (opens in new tab)

School feesStatewide

State Allocation Board raises the Level 1 school fee cap to $5.38 per sq ft

On January 28, 2026 the State Allocation Board raised the statewide maximum Level 1 developer fee for residential construction from $5.17 to $5.38 per sq ft (+4.06%). School districts collect it on ADUs of 500 sq ft or more, at their own adopted rate up to this cap (higher Level 2/3 fees need extra findings). Where we haven't confirmed a district's rate, we use $5.38 as the upper bound.

Source: California State Allocation Board (Department of General Services, OPSC): State Allocation Board item: 2026 adjustment to the Level I developer fee (meeting of January 28, 2026) (opens in new tab)

State lawStatewide

SB 543 takes effect: no impact fees at 750 sq ft or less, now in Gov. Code 66311.5

SB 543 (Chapter 520, Statutes of 2025) took effect January 1, 2026. It restates the impact-fee rule in Gov. Code 66311.5: no impact fees on an ADU of 750 sq ft of interior livable space or less, or a JADU of 500 sq ft or less; above that, fees must be proportional to the primary home. It also caps JADUs at 500 sq ft of interior livable space. Many city documents still cite the older section numbers (65852.2 or 66324).

Source: California Department of Housing and Community Development (HCD): Accessory Dwelling Unit Handbook (March 2026) (opens in new tab)

All ADU fee news →

FAQ

Questions about ADU fees in Milpitas

How much are ADU fees in Milpitas?

For a detached ADU with a 2,000 sq ft main home (an example assumption), our model of Milpitas’s official fee schedules comes to $5,964–$12,464 at 750 sq ft and $6,769–$15,201 at 1,000 sq ft. Ranges show fees that may or may not apply to your project.

Does Milpitas charge impact fees on a 750 sq ft ADU?

No. California Government Code section 66311.5 bars impact fees on an ADU of 750 sq ft of interior livable space or less (500 sq ft or less for a JADU). Above 750 sq ft, impact fees must be proportional to the size of the main home.

Do school fees apply to an ADU?

Only at 500 sq ft or more. School districts charge their adopted developer fee per sq ft, capped at the State Allocation Board’s Level 1 maximum ($5.38 per sq ft since January 28, 2026) unless they qualify for higher levels.

Sources

Official sources

  1. City of Milpitas, Office of Building SafetyAccessory Dwelling Unit (ADU) Permit Fee Estimate (handout dated June 11, 2026; based on the FY 2025-26 fee schedule) (opens in new tab)In effect: June 11, 2026 · Last checked Oct 18, 2026
    22 quoted lines
    • 100 $297.13 $486.46 $114.05 $142.73 min. $231 min. $1,271.37 min.
    • 200 $425.71 $729.69 $146.77 $142.73 min. $231 min. $1,675.90 min.
    • 300 $618.58 $972.92 $185.14 $142.73 min. $231 min. $2,150.37 min.
    • 400 $1,132.92 $1,337.77 $262.51 $142.73 min. $231 min. $3,106.93 min.
    • 500 $1,390.08 $1,945.85 $338.65 $142.73 min. $231 min. $4,048.31 min.
    • 600 $1,565.23 $2,140.43 $371.19 $142.73 min. $231 min. $4,450.58 min.
    • 7008 $1,740.38 $2,335.01 $403.72 $142.73 min. $231 min. $4,852.84 min.
    • 8008 $1,915.53 $2,529.59 $436.26 $142.73 min. $231 min. $5,255.11 min.
    • 9008 $2,090.68 $2,724.17 $468.80 $142.73 min. $231 min. $5,657.38 min.
    • 10008 $2,265.84 $2,918.77 $501.34 $142.73 min. $231 min. $6,059.68 min.
    • 11008 $2,471.57 $3,113.35 $536.56 $142.73 min. $231 min. $6,495.21 min.
    • 12008 $2,677.30 $3,307.93 $571.79 $142.73 min. $231 min. $6,930.75 min.
    • Accessory Dwelling Units (ADUs) Permit Fee Estimate based on FY25-26 Fee Schedule1:
    • 7. Total permit fee estimate is approximate. The final permit fees may vary.
    • A separate address is required for a new ADU or JADU. The new address request permit
    • fee is $709.
    • require Fire Department review and additional fee of $703 may apply.
    • The City of Milpitas does not charge a park-in lieu fee for park and recreational facilities for new ADU’s.
    • ($1,910.00/new ADU) x ( dwelling area of existing main residence pre-development
    • For ADUs where water/sewer connections are required by the City or requested by the applicant, utility
    • ($1,908.00/new ADU) x ( dwelling area of existing main residence pre-development
    • ($880.00/new ADU) x ( dwelling area of existing main residence pre-development
  2. City of MilpitasFY 26-27 Planning Permit Fees and Development Impact Fees (approved June 2, 2026, effective August 3, 2026) (opens in new tab)In effect: August 3, 2026 · Last checked Oct 18, 2026
  3. California State Allocation Board (Department of General Services, OPSC)State Allocation Board item: 2026 adjustment to the Level I developer fee (meeting of January 28, 2026) (opens in new tab)In effect: January 28, 2026 · Last checked Oct 18, 2026
    2 quoted lines
    • Residential $4.79 $5.17 $5.38
    • Increase the 2026 maximum Level I assessment for development in the amount of 4.06 percent
  4. California Legislative Information (leginfo.legislature.ca.gov)Government Code, Title 7, Division 1, Chapter 13 (Accessory Dwelling Units), incl. §66311.5 (opens in new tab)In effect: In force since January 1, 2026 · Last checked Oct 18, 2026
    1 quoted line
    • A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit that has 750 square feet of interior livable space or less
  5. HCD via data.ca.govHousing Element Annual Progress Report (APR) data, Table A2: ADU building permits by year (opens in new tab)Last checked Oct 18, 2026

We save a copy of every source and check that each quoted line still appears in it. How we check.