DADU Notice on Title: What It Means for King County Property Owners

What Is a Notice on Title?

When you build a DADU in King County, you’ll be required to record a notice on your property’s title. This notice is a legal document that becomes part of the public record — permanently tied to your property. It informs future buyers, lenders, and title companies that an accessory dwelling unit exists on the lot and is subject to certain regulations.

The notice on title requirement is standard in King County and most Washington jurisdictions. It’s not optional — it’s a condition of your DADU permit approval. Understanding what the notice says and what it means helps you make informed decisions about your project.

What the Notice on Title Contains

The typical King County ADU notice on title includes several key elements:

Standard Notice Provisions

ADU acknowledgment: Statement that the property contains an accessory dwelling unit
Regulatory compliance: Acknowledgment that the ADU was built under current code and must continue to comply
Size and location: General description of the ADU’s size and position on the lot
Subdivision restriction: The ADU lot cannot be subdivided or sold separately from the primary dwelling — the ADU and primary home must remain on one legal lot
Utility connections: Notes about shared or separate utility connections

What the Notice Does NOT Do

It does not restrict your ability to sell the property
It does not require you to live on the property (under HB 1337)
It does not limit who can live in the DADU
It does not prevent you from renting the DADU
It does not expire or need renewal

Why King County Requires It

The notice on title serves several purposes that protect both the homeowner and future property owners:

Disclosure: Ensures future buyers know about the ADU before purchasing the property
Subdivision prevention: Prevents the ADU from being sold as a separate property, which would create an unauthorized subdivision
Code compliance: Creates a public record that the ADU was permitted and built under specific regulations
Utility tracking: Documents how utilities are connected and metered

How the Notice Affects Property Sales

One of the most common concerns homeowners have about the notice on title is how it affects their ability to sell the property. The short answer: it helps more than it hurts.

Positive Impacts

Verified improvement: The notice confirms the DADU was legally permitted — a significant selling point
Income documentation: Buyers can see the rental income potential with confidence that the unit is legal
Clear title: Lenders and title companies can easily verify the ADU’s status
Buyer confidence: Buyers know they’re purchasing a property with a legal, code-compliant ADU

Potential Concerns

Non-subdivision clause: Some buyers want to separate the ADU lot — the notice makes clear this isn’t possible
Lending requirements: Some lenders have specific requirements for properties with ADUs. The notice helps lenders verify compliance.
Appraisal considerations: Appraisers use the notice to confirm the ADU’s legal status when determining property value. See our property value guide for how DADUs affect appraisals.

The Recording Process

Recording the notice on title involves several steps:

Document preparation: King County provides a standard notice on title form as part of the DADU permit process
Property owner signature: All property owners on the title must sign the notice
Notarization: The signatures must be notarized
Recording: The notice is recorded with the King County Recorder’s Office
Proof of recording: A recorded copy is submitted to King County as a condition of permit issuance or final inspection

Timing

The notice on title is typically recorded:

Before permit issuance: Some jurisdictions require recording before the building permit is issued
Before final inspection: Others require it before the certificate of occupancy is granted
Your permit application process will specify the timing requirement

Cost

Recording fee: Approximately $100–$200 for King County recording
Notarization: $10–$25
These costs are typically included in your overall permit budget

Can You Remove a Notice on Title?

In most cases, the notice on title is permanent — it runs with the land, not with the owner. However, there are limited circumstances where it might be modified or released:

ADU removal: If the DADU is demolished and the property is returned to its pre-ADU condition, you may petition to release the notice
Code changes: If future code changes eliminate the notice requirement, existing notices would likely remain unless specifically addressed
Error correction: If the notice contains errors, it can be corrected through an amended recording

For practical purposes, plan on the notice being a permanent part of your property’s title history.

Notice on Title and HB 1337 Changes

Washington’s HB 1337 made several changes that affect notices on title:

Owner occupancy removed: Previous notices that included owner occupancy requirements are effectively unenforceable under HB 1337
Parking requirements removed: Notices that referenced parking obligations for ADUs may also be superseded by the new law
New notices: Notices recorded after HB 1337 reflect the updated regulations and do not include the old restrictions

Impact on Refinancing and Home Equity

The notice on title also comes into play when refinancing your mortgage or accessing home equity:

Lender awareness: Your lender will see the notice during the title search. Most lenders are now familiar with ADU notices and process them routinely.
Appraisal benefit: The notice helps appraisers give proper credit for the ADU when determining your property’s value — potentially increasing the equity available for a HELOC or refinance.
Insurance consideration: Make sure your homeowner’s insurance covers the DADU. The notice serves as documentation that the unit exists and is legally built.

APEX DADU Handles the Paperwork

The notice on title is one of many administrative requirements in the DADU building process. APEX DADU manages all documentation — including notice on title preparation, notarization, and recording — so you don’t have to navigate county bureaucracy on your own.

Contact APEX DADU with your notice on title questions