9. Is there enough sewer and water capacity to accommodate ADUs?
Sewer and water capacity varies from location to location. To assure the adequacy of the existing infrastructure, prospective applicants will need to receive confirmation from all appropriate agencies (The Department of Planning and Permitting’s (DPP) Customer Service Division; Wastewater Branch; and Traffic Review Branch, State Department of Health, Board of Water Supply, and Honolulu Fire Department), affirming the capacity of needed infrastructure. The DPP has developed a step-by-step Public Facilities Pre-Check Form for homeowners or contractors to get the required approvals. No building permit for ADUs shall be issued unless there is adequate infrastructure to support it.
10. Is parking required for an ADU?
The ADU law requires one parking space to be located on the lot per ADU, in addition to the required parking for the primary dwelling unit. Tandem parking and compact stalls are permitted. However, ADUs within one-half mile of a rail transit station do not require parking.
11. Can the owner sell the ADU or the portion of the parcel where the ADU is located?
No, ADUs are not allowed to be sold separately. They are intended to provide rental housing. The owner(s) of the lot are required to record a covenant stipulating that neither the owner(s), nor their heirs, successors, nor assigns will submit the lot or any portion thereof to a condominium property regime to separate the ownership of an ADU from the ownership of its primary dwelling unit.
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12. How does the ADU law guard against using the units as illegal vacation rentals?
The ADU provisions require the ADU to be leased for a minimum of six months (180 days). This requirement will be recorded in a covenant running with the land with the Bureau of Conveyances or the Land Court of the State of Hawaii, or both, as is appropriate. This requirement facilitates enforcement and deters the ADU from being used as a transient vacation unit.