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Oakland · Building on your lot

Affordable units in new housing (inclusionary) in Oakland

Oakland's own rules on affordable units in new housing (inclusionary), with the code text for every value.

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Each rule below links to the section of the Oakland Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Oakland's code says

Oakland code What Oakland's code adds
Exemptions
  • Accessory dwelling units are exempt from the impact fee.
    § 15.72.040 · code text
    1. Accessory Dwelling Units or ADUs, as defined in Section 17.09.040 of the Oakland Planning Code;
  • Affordable Housing units and projects are exempt from the impact fee.
    § 15.72.040 · code text
    3. Affordable Housing units and Affordable Housing Projects;
  • Two to four units on a parcel are exempt from the impact fee.
    Applies: Applies to Missing Middle housing on a parcel in a project not subject to PUD regulations.
    § 15.72.040 · code text
    Missing Middle housing: Any combination of between two (2) and no more than four (4) units on a parcel that are part of a Development Project that is not subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 of the Oakland Planning Code;
  • One-family dwellings of 1,750 square feet or less of Residential Floor Area are exempt from the impact fee.
    Applies: Applies when not part of a project subject to PUD regulations.
    § 15.72.040 · code text
    One-Family Dwelling Residential Facilities that are one thousand seven hundred fifty (1,750) square feet or less of Residential Floor Area and that are part of a Development Project that is not subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 of the Oakland Planning Code;

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Does Oakland require affordable units in new housing?

Oakland's code: Accessory dwelling units are exempt from the impact fee. (§ 15.72.040); Affordable Housing units and projects are exempt from the impact fee. (§ 15.72.040).

General information, not legal advice.

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