ADU News

New state law allows accessory dwelling units across Massachusetts

ADU
A new Massachusetts law allows property owners to build accessory dwelling units (ADUs) across the state. This photo is an example of an ADU — a small home separate from a main house. (Mark Woods Photography for Bigger Than Tiny, Smaller Than Average via AP)(Associated Press

A new state law that goes into effect on Sunday allows homeowners to construct accessory dwelling units (ADUs) on a residential property almost anywhere in Massachusetts.

The new regulations, part of the $5.1 billion housing bond bill signed into law by Gov. Maura Healey last year, allow ADUs by right in any area zoned for single-family housing. This means property owners can add the smaller, secondary homes, sometimes known as “granny flats” or “in-law apartments,” without having to seek a special permit or other zoning relief.

Boston, which is working on its own ADU regulations, is exempt from the law.
The goal of the law is to create more housing statewide. The Executive Office of Housing and Livable Communities expects 8,000 to 10,000 ADUs to be built in the next five years after the regulations’ implementation. These may be new construction, existing spaces like garages or basements converted into separate living spaces or even “modular” homes built elsewhere and placed on the property.
These secondary homes can provide an affordable way to house family members or an opportunity for homeowners to bring in rental income.

The law prohibits any city or town from restricting or regulating ADUs in any “unreasonable” way that would not also apply to a single-family home built on the same property. For example, design standards and lot size requirements cannot be more restrictive than those for a single-family home.

Towns can regulate whether ADUs can be used as short-term rentals, such as through platforms like Airbnb or VRBO, but only if they also regulate short-term rentals in single-family houses.

Communities will be required to submit records to EOHLC for all new ADU applications and permits so the agency can track how many are being built and whether adjustments to the law need to be made.

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