ADUs In Massachusetts: Navigating Homeowner Rights
ADUs in Massachusetts, represent an innovative opportunity for builders and homeowners to maximize their properties while addressing a growing demand for affordable housing.
Accessory Dwelling Units provide builders and homeowners with excellent opportunities to enhance living space, offer rental options, increase property value, and create a multi-generational living environment with family—making them one of today’s most innovative housing solutions!
Understanding Your Fundamental Rights To Building ADUs In Massachusetts
State policies and local ordinances are designed to empower property owners to support the right to build ADUs in Massachusetts. These laws enable homeowners in single‑family residential zones to construct an ADU without special permits or discretionary approvals.
However, while these rights offer tremendous flexibility, they are balanced by municipal “reasonable” restrictions—measures to safeguard community character and public safety. Accessory dwelling unit builders and your local building department should be able to guide you through these reasonable restrictions.
Key Features of By‑Right ADU Development
Accessory Dwelling Unit Builders and Development:
- Statutory Right: Homeowners in single‑family residential zones can build one ADU without requiring a special permit, variance, zoning amendment, or waiver.
Size Limitation Clarified:
- Maximum Area: The ADU’s gross floor area is capped at either half the size of the principal dwelling or 900 square feet—whichever is smaller.
No Owner‑Occupancy Requirement:
- Flexibility: Municipalities cannot enforce rules that require either the principal dwelling or the ADU to be owner‑occupied.
Flexible Configurations:
- Design Options: Accessory Dwelling Units (ADUs) can take several forms:
- Internal Conversion: Such as a basement apartment.
- Attached Addition: An extension of the primary structure.
- Detached Structure: Including options like a backyard cottage or a converted garage.
- Separate Entrance: Every ADU must have an entrance to the dwelling that meets state building codes for safe egress.
Uniform Standards:
- Preemption of Conflicting Local Bylaws: State law overrides any local regulations that would impose owner‑occupancy or similar conflicting restrictions.
Parking Requirement Limitations:
- Minimal Impact: Most ADUs require only one additional parking space. Property within 0.5 miles of bus, ferry terminals, subway, and commuter rail stations is exempt from all parking requirements.
Limitations & Municipal "Reasonable" Restrictions
Despite these broad rights, local governments may impose additional “reasonable” restrictions that can affect development of ADUs in Massachusetts:
Site Plan Review and Permitting Process:
- Most Municipalities, if not all, will require a site plan review. This review ensures that the new Accessory Dwelling Unit meets all local bylaws and regulations.
Dimensional, Bulk, and Height Restrictions:
- ADUs in Massachusetts must comply with local zoning bylaws regarding setbacks, lot coverage, bulk, and building height. These restrictions, while reasonable, can limit design options on certain lots.
Additional Size or Design Restrictions:
- Local governments may enforce further design standards, provided they are not more restrictive than those for comparable single‑family dwellings.
Parking Regulations (Outside Transit Areas):
- Properties outside a 0.5‑mile radius of designated transit hubs may be required to provide one additional parking space.
Short‑Term Rental Regulations For Accessory Dwelling Units:
- Municipalities may restrict or prohibit the use of ADUs for short‑term rentals, which can impact the unit’s intended use. It is advised that homeowners or builders planning to build an ADU to rent out check with their local building department regarding approval to rent it out.
Local Zoning and Building Code Compliance:
- ALL ADUs, even “by right,” must adhere to local building codes and any safety regulations set by the city or town’s local government, including requirements for setbacks, landscaping, and aesthetics.
Limitation on Number of ADUs:
- The “by‑right” status is typically limited to one ADU per lot. Constructing more than one ADU will require additional discretionary approvals.
Transitional Period Issues:
- Until local bylaws are updated to align with the Affordable Homes Act (effective statewide for ADUs on or after February 2, 2025), some pre‑existing municipal restrictions may still be in effect, potentially causing delays or legal uncertainties.
The Affordable Homes Act guarantees that homeowners in single‑family zones may build one ADU (up to 900 sq ft or half the principal dwelling’s size) without special approval and mandatory owner‑occupancy.
At the same time, ADUs in Massachusetts must comply with local “reasonable” regulations related to design, setbacks, bulk/height, parking, and permissible use—including restrictions on short‑term rentals.
Builders and homeowners should review state law (Mass. Gen. Laws c. 40A, § 1A and related amendments) and current local bylaws to ensure full compliance and a smooth development process.
It is always recommended to consult local planning departments or legal counsel for specific projects or further clarification on transitional local requirements. Learn more about the different types of ADUs and consult with a reliable ADUs contractor.
Blog References
General Law – Part I, Title II, Chapter 23B, Section 27.5. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter23B/Section27.5
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