ADU Laws And Uses, Do’s And Don’ts

ADU Laws

What ADU laws to Keep In Mind When Building An ADU?

With the housing crisis not looking any better and a nationwide hunt for affordable housing, accessory dwelling units have begun to gain traction. Estimates show that there has been a 114% increase in the number of ADUs built from 2018 to 2020.

If you are planning on building an ADU unit on your property, you have made a pretty smart choice! Not only can they add more property value but they also offer additional living space. To make sure you are on the right path and can enjoy the numerous ADU benefits, here are general do’s and don’ts, laws and uses to consider:

Do Assess Off-Street Parking Spaces

State laws in the past demanded that you add a new off-street parking space specifically for your ADU. Not only is this expensive but it can prove to be impossible in some cities.

However, there are some cases where the parking requirement is waived, i.e., if the ADU is present in a historic district, is within half a mile from a public transit system, or is part of the primary home or an accessory structure.

Check in with your state’s laws to better understand parking rules that apply to your ADU addition.

Do Study How Large Your ADU Can Be

This can vary from state to state, but generally, an ADU house can be built up to 800 square feet with at least a 16-foot ceiling height. Moreover, if an ADU is attached to an existing single-family home, it should not be larger than 50% of the size of the home.

How Many ADUs Can You Add?

The number of ADUs you can add depends on your existing property size. A single-family lot may add 1 standard ADU whereas multiple-family lots may add up to 2 detached standard-sized ADU homes. However, note that this trend can vary from state to state.

Don’t Cut Corners

Having an ADU unit constructed for your property can be a substantial investment. The typical cost of building an ADU is $60,000 to $360,000. With such a large investment, you want to make every penny count. This means going the extra mile.

Make sure that you consult with the proper channels, get the necessary permits and hire a qualified contractor. With a legal ADU in place, you won’t have to deal with legal problems, fines or tenant lawsuits in the future.

Do Consider Owner Occupancy Regulations

Some state laws demand owner occupancy before you can add an ADU to your property. This means that a living owner must occupy the ADU unit or the primary dwelling for most of the year (around 70% of the time).

However, not all states carry this law. For example, as of September 2023, the State of California revised these laws so ADUs no longer need any owner occupancy. All you need to do to build an ADU is ensure your property is up to code and has the necessary permits. After these ADU reforms, ADU construction and permit assignments have increased dramatically.

This is why we recommend that you assess your state laws carefully to understand owner occupancy regulations in your locality.