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Massachusetts recently enacted a new housing statute that makes it easier for homeowners to create accessory dwelling units (ADUs) on
their residential properties. These commonly were called “in-law apartments” but the new law allows much more.
The new statute is
known as the Affordable Homes Act. The Act is Chapter 150 of the Acts of 2024. The
ADU provisions are part of the state’s broader efforts to address its housing
affordability crisis and increase housing options, particularly in high-demand
areas.
Essentially ADUs
are now legal almost everywhere “as of right.” If you’re a homeowner
considering adding an ADU or just wondering how this new law affects you,
here’s a breakdown of the key features giving you new legal rights and how to
proceed.
What is an
Accessory Dwelling Unit?
In general, an ADU
is a small, self-contained living space located on the same lot as a primary
residence. It can take various forms, such as a basement apartment, garage
conversion, house expansion, or detached house.
ADUs typically have their own kitchen, bathroom, and separate entrance. Now in Massachusetts they offer flexibility for homeowners to rent out the dwelling unit or use it for family members, such as aging parents or adult children.
Key Provisions of the
New ADU Law
The new ADU
provisions are Sections 7 and 8 of the Act. Section 7 amends the definition of
accessory dwelling unit in the Massachusetts Zoning Act (M.G.L. c. 40A) and is
effective now. Section 8 amends Section 3 of the Massachusetts Zoning Act and takes
effect on February 2, 2025. These amendments require municipalities to allow
ADUs as of right in most residential zoning districts, with some important limitations.
Be sure to pay attention to this “small print.” Do not make any assumptions.
1. “By right” approval:
ADUs allowed “by right” means homeowners no longer need special permits or
zoning variances to build them (subject to some local regulations). This
streamlines the process and makes it more predictable.
2. Size limitations:
The ADU cannot exceed 900 square feet or 50% of the size of the primary
dwelling, whichever is larger. This ensures that the ADU remains a secondary,
subordinate structure on the property.
3. Reasonable
Restrictions: ADUs are subject to reasonable restrictions such as compliance
with Title 5 (septic systems), site plan review, dimensional setbacks, bulk and
height limits, and restrictions on usage as a short-term rental.
4. No owner occupancy
requirement: Neither the homeowner’s primary residence nor the ADU must be
owner-occupied. This means the main building and/or the ADU can be occupied by
anyone.
5. No off-street parking
requirements: In many cases, the law eliminates the need for additional
off-street parking spaces for ADUs, particularly if the property is near public
transit or in a densely developed area.
6. Flexibility in
ADU types: Homeowners can convert existing spaces, like basements or garages,
into ADUs, expand existing houses, or construct entirely new structures,
providing more options for creating additional housing.
7. Exemptions for certain areas: Some municipalities, particularly in rural or less densely populated areas, may be exempt from certain provisions of the law, though most communities are required to adopt ADU-friendly zoning codes.
Why is the New ADU
Law Important for Homeowners?
1. More housing options:
ADUs help alleviate the state’s housing shortage by increasing the number of
affordable housing options available, especially in suburban or urban areas
with high demand.
2. Rental income potential:
By building an ADU, a homeowner can generate rental income, which can help
offset mortgage payments or provide additional financial security.
3. Flexibility for
multi-generational living: ADUs are an ideal solution for families needing
extra space for aging parents, adult children, or other relatives, offering
privacy while maintaining close family connections.
4. Increased property
value: Adding an ADU to a property could increase its overall value. Many
buyers are attracted to properties with income-generating potential or
additional living space.
5. Supporting sustainable
growth: The law encourages the efficient use of existing infrastructure and
land by allowing homeowners to build ADUs, reducing the need for sprawling new
developments.
What should
Homeowners Consider?
While the new ADU
law offers many advantages, homeowners should be mindful of several factors
before starting a project:
1. Local zoning codes:
While the state law sets a framework, municipalities have the authority to
establish specific regulations regarding ADUs, such as limits on height,
setbacks, or the design of the unit. Check with your local zoning bylaw or
ordinance or consult a land use or real estate attorney to understand what
rules apply to your area.
2. Building codes
and permits: Even though ADUs are allowed by right, homeowners will still need
to comply with local building codes and obtain necessary permits for
construction. This ensures safety and ADUs meeting all required standards.
3. Health and environmental rules: ADUs must
comply with the usual laws about sewerage, water supply, wetlands, storm water,
and similar non-zoning requirements.
4. Impact on property
taxes: Adding an ADU could impact the property tax assessment. It’s a good idea
to consult with a tax professional or local tax assessor to understand how an
ADU might affect the real estate tax bill.
5. Financing the project: Constructing or converting an ADU can be a significant investment. Homeowners should plan carefully for the costs and explore financing options, such as home equity loans or construction financing.
Conclusion
Massachusetts’ new
ADU law presents a valuable opportunity for homeowners to add housing options
to their properties while benefiting from rental income, increased property
value, and greater flexibility for family living.
With the “by
right” approval process, reduced parking requirements, and flexibility in ADU
types, it’s now easier than ever to create an additional dwelling unit on residential
property.
However, it’s
important to consider the specific zoning regulations in your municipality,
comply with building, health, and environmental codes, and carefully plan for
the costs of construction.
Consult a land use
or real estate attorney, contractor or architect, and others familiar with the
law to ensure good advice, careful planning, and proper permitting.
Understand the ins
and outs of the ADU law to determine whether an ADU is right for you, your
existing house, and your lot.
A member of REBA’s
Young Lawyers Section and Environmental Law and Sustainability Section,
Caroline Smith is an associate at McGregor, Legere & Stevens PC.
