Accessory Dwelling Units

Section 8 of Chapter 150 of the Acts of 2024 allows accessory dwelling units — or ADUs — under 900 square feet to be built by-right in single-family zoning districts.

Massachusetts has a new tool available to help meet our growing housing needs. Governor Healey and Lieutenant Governor Driscoll are committed to jumpstarting housing production and making it easier for families to find affordable places to live. Thanks to legislation signed by Governor Healey, property owners now have the option to add a new rental apartment in their home or on their property.

Table of Contents

What is an ADU?

Accessory Dwelling Unit Types

An accessory dwelling unit is a small residential living space located on the same lot as another home. ADUs can play a significant role in our housing crisis. The ADU policy recently signed by the governor allows property owners to build an ADU without having to get special or discretionary approval from the local zoning board.

ADUs can be internal within an existing primary residence, like converting a basement into an apartment, attached to a primary residence as a new construction addition, or completely detached, like a cottage or converted detached garage in a backyard.

The Affordable Homes Act amends the definition of accessory dwelling unit under Section 1A of Chapter 40A of the General Laws to clarify that the maximum size of an ADU is no more than half of the gross floor area of the principal dwelling, or 900 square feet, whichever is smaller. The definition was also amended to prohibit owner-occupancy requirements and unreasonably restricting the creation or rental of an ADU.

What is the law?

On Aug. 6, 2024, Governor Healey signed the Affordable Homes Act into law (Chapter 150 of the Acts of 2024). Section 8 of the Affordable Homes Act amends the Zoning Act to allow ADUs up to 900 square feet to be built by right in single-family zoning districts. The historic legislation authorized $5.16 billion in spending over five years along with nearly 50 policy initiatives to counter rising housing costs. The new law on ADUs is an example of a small policy change that will make a big difference. Massachusetts is a leader in finding innovative solutions to our biggest challenges. Rising housing costs and homelessness are not unique challenges for our state, but we can lead the way in solving them. 

Backyard Cottage (Converted Garage) - Sightline Institute Modest Middle Homes Library

An ADU must:  

  • Maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress;
  • Be either no larger than half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller;
  • Meet local municipal restrictions, including, but not limited to, additional size restrictions and/or restrictions or prohibitions on short-term rental if the city or town decides to impose these  
What can communities do effective Sunday, February 2, 2025 on single ADUs in single-family zoning districts? 
Municipalities may impose reasonable restrictions and requirements for:Municipalities cannot:
  • Site Plan Review
  • Require owner occupancy nor family relationship for the ADU or the principal dwelling 
  • Title V requirements
  • Require a special permit or other discretionary zoning approval for the use or rental of an ADU 
  • Regulations concerning dimensional setbacks and the bulk and height of structures 
  • Require more than 1 parking space for an ADU located outside 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station 
  • Short-term rentals 
  • Require any parking for an ADU located within 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station 

What are the benefits of ADUs?

Property owner benefits:

  • Provide rental income for property owners, which can help offset maintenance and repair costs
  • Offers low-cost housing opportunity for adult children and other relatives to remain in their community (although occupants of the ADU do not have to be related to the property owner)
  • Enables more options for older adults – either as an opportunity for caregivers to live close by or to downsize while remaining in their community
     

Renter benefits:

  • Adds smaller rental units to the housing inventory to meet the needs of smaller households
  • Long-term residents can stay in the neighborhood they love and know (work in)
     

Benefits to Massachusetts:

  • Increases much-needed affordable and diverse housing opportunities
  • Provides accessible housing to seniors or persons with medical needs or disabilities and their care givers
  • Compact growth makes use of our existing land use, structures and infrastructure, which can be more sustainable and far more economical than building a single-family home on a new lot
  • ADUs are smaller and utilize less water and electricity, making them a more sustainable housing option 
     

ADU Regulations

The ADU regulations provide definitions and details about the administration of the ADU provisions in the Zoning Act. The ADU regulation - 760 CMR 71.00: Protected Use Accessory Dwelling Units - shared below is the unofficial version as filed by EOHLC.

The regulations take effect when they are published in the Massachusetts Register by the Secretary of the Commonwealth. The regulations are scheduled to be published in the Massachusetts Register on January 31, 2025.

Model ADU Zoning

EOHLC is developing Model ADU Zoning and will post this helpful template in a few weeks. Cities and towns that wish to implement local ADU rules will be able to use the Model ADU Zoning   to help develop and/or amend local rules.

For cities and towns that already have local ADU rules that need to be amended to reflect the ADU Law and its regulations, EOHLC will post a Municipal Checklist to help cities and towns evaluate their local rules and identify key areas where their rules need to be amended.

Technical Assistance for Municipalities

Municipal TA Office Hours

EOHLC will offer office hours for municipal planners and building inspectors to ask questions about the regulations and implementation of the ADU Law and to help any community go through questions about implementing local ADU rules. We will reach out to all municipalities and regional planning agencies with dates and registration for these office hours.

Webinars and Trainings

EOHLC will host educational webinars and trainings in the coming months to assist cities and towns address any questions they have related to the ADU Law and its regulations, amending existing zoning/by-laws, and adopting local ADU rules. We will update this page with dates and registration for upcoming webinars and trainings.

Property owners with questions about their property should contact their local City or Town planning and/or building departments to learn more about the local rules and permitting processes that relate to their Individual site. EOHLC cannot answer individual questions about specific properties.

Grants to Assist Creating Local ADU Rules

Municipalities who need assistance drafting, conducting community planning, and enacting local ADU rules may apply for funding through the Community One Stop for Growth. Grants in the One Stop, such as Community Planning Grant Program and Housing Choice Grant Program that are part of the Planning and Zoning One Stop Development Continuum may fund efforts related to local ADU rules adoption.

Frequently Asked Questions & Resources

Updated FAQ coming soon!

Contact   for Accessory Dwelling Units

Online

Questions? Please contact us at: Email ADU Information at EOHLCADUHomes@Mass.gov

Address

100 Cambridge Street, Suite 300, Boston, MA 02114

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