California has a housing shortage, and the state has built a set of tools to push local governments to allow more homes. One of the most talked-about tools is the builder’s remedy. For developers, it can be a way to get a project approved even when it does not match the local zoning. For cities that have fallen behind on their housing duties, it is a real consequence.
This guide explains what the builder’s remedy is, where it comes from, what changed in 2025, and how a developer can use it in 2026. Our land use attorneys at Kassouni Law work on development and growth control matters across California, and the rules here are detailed, so treat this as a starting point rather than a substitute for advice on a specific site.
What Is the Builder’s Remedy?
The builder’s remedy is a provision of California’s Housing Accountability Act. In short, when a city or county has not adopted a legally compliant housing element, it loses much of its power to reject qualifying housing projects. A developer can propose a housing development that does not follow the local general plan or zoning, and the local agency cannot deny it, unless it can make a narrow set of findings that are very hard to meet.
That is a major shift from how land use normally works. Usually a project has to fit the zoning. Under the builder’s remedy, a non-compliant city has to approve a qualifying project even if the zoning says no.
Where It Comes From: The Housing Accountability Act and Housing Elements
Two pieces of state law work together here. The first is the Housing Accountability Act, Government Code Section 65589.5, often called the HAA. The second is state housing element law, which requires every city and county to adopt a housing element, a part of its general plan that plans for enough housing to meet its share of regional need.
Each city has to get its housing element certified as substantially compliant by the California Department of Housing and Community Development, known as HCD. If a city misses that mark, the builder’s remedy becomes available. As of recent counts, more than one hundred California jurisdictions were still out of compliance, which is why this tool remains so relevant in 2026.
What AB 1893 Changed in 2025
For years the builder’s remedy was powerful but loosely defined, and many cities simply ignored it. That changed when the Legislature passed AB 1893, which took effect on January 1, 2025. AB 1893 wrote the builder’s remedy directly into the HAA and set clearer rules. The main changes were these.
First, AB 1893 reset the affordability options. Before, a project had to set aside 20 percent of units for lower income households, or be 100 percent affordable to moderate or middle income households. Now a mixed-income project can qualify by meeting one of these instead:
- 13 percent of units affordable to lower income households, or
- 10 percent of units affordable to very low income households, or
- 7 percent of units affordable to extremely low income households.
Second, AB 1893 created a small-project path. A project of 10 units or fewer, on a site smaller than one acre with a minimum density of 10 units per acre, can qualify with no affordability requirement at all.
Third, the law added guardrails. New builder’s remedy projects must follow site restrictions, meet minimum and maximum density limits, and comply with objective, written local development standards. The state also barred several tactics cities had used to stall these projects.
Fourth, AB 1893 protected projects already in the pipeline. Builder’s remedy projects with an application deemed complete before January 1, 2025 are generally grandfathered, and some existing projects can opt into the new rules to gain certain benefits.
How to Use the Builder’s Remedy, Step by Step
Using the builder’s remedy takes care and timing. The general path looks like this.
- Confirm the city is non-compliant. Check HCD’s housing element review status for the jurisdiction. The remedy is available only when the local agency lacks a substantially compliant housing element on the date your application is deemed complete.
- Lock in your timing. Filing a preliminary application under SB 330 can help secure the rules that apply to your project and protect it from later changes. The date your application is deemed complete is critical.
- Choose your affordability path. Decide which AB 1893 option fits your project, or whether the small-project exemption applies.
- Meet the objective standards. Design the project to comply with the city’s objective written standards and the density limits the law now requires.
- Submit a complete application and document everything. A clean, complete application strengthens your position if the city resists.
Limits and Risks to Watch in 2026
The builder’s remedy is strong, but it is not a free pass. The new site and density rules mean not every parcel or project will qualify. Cities can still apply objective standards. And there is a moving target: if a city adopts a compliant housing element after your application is deemed complete, the timing of your filing becomes the key question. Disputes over whether a housing element is truly compliant, and over when an application was complete, are common and often end up in court.
Because the stakes are high and the rules are technical, developers usually benefit from legal guidance early, before the first application goes in. Kassouni Law handles land use, development, and building permit matters and represents private builders against local agencies. You can review our results or contact our offices to talk through a specific site.
Used correctly, the builder’s remedy can turn a city’s failure to plan for housing into a real path to approval. Used carelessly, it can lead to delay and litigation. The difference is usually in the preparation.
Frequently Asked Questions
What is the builder’s remedy in California?
The builder’s remedy is a provision of the Housing Accountability Act. When a city or county lacks a legally compliant housing element, it cannot deny a qualifying housing project even if the project does not match local zoning or the general plan, except in narrow circumstances that are hard to meet.
What affordability is required under AB 1893?
As of January 1, 2025, a mixed-income builder’s remedy project can qualify by setting aside 13 percent of units for lower income households, 10 percent for very low income, or 7 percent for extremely low income. Projects of 10 units or fewer on sites under one acre, at a minimum density of 10 units per acre, have no affordability requirement.
Is the builder’s remedy still available in 2026?
Yes. The remedy applies wherever a jurisdiction lacks a substantially compliant housing element. As of recent counts, more than one hundred California jurisdictions were still out of compliance, so the tool remains available in many areas.
How do I know if a city’s housing element is non-compliant?
You can check the California Department of Housing and Community Development, known as HCD, which reviews and tracks the compliance status of each jurisdiction’s housing element. The builder’s remedy is available only when the agency is non-compliant on the date your application is deemed complete.
Can a city stop a builder’s remedy project?
A non-compliant city has very limited power to deny a qualifying project. It can apply objective written standards and the density rules AB 1893 added, and it can adopt a compliant housing element, which is why the timing of your application is so important. Disputes over compliance and completeness often lead to litigation.
