Mike Guimares February 6, 2025
As of February 2, 2025, Massachusetts homeowners can now build accessory dwelling units (ADUs) by-right in all single-family residential zones—eliminating the need for special zoning approvals. This landmark policy, supported by the Massachusetts Association of Realtors® (MAR), simplifies the development process and expands housing opportunities statewide.
MAR played a key role in shaping these regulations, ensuring they are clear, reasonable, and minimally restrictive. The new rules, issued by the Executive Office of Housing and Livable Communities (EOHLC), override any previous local ADU ordinances and set fair limits on municipal control.
From basement apartments to backyard cottages, ADUs can take various forms, provided they meet size and entry requirements. Importantly, municipalities cannot impose owner-occupancy mandates, excessive parking rules, or restrictive zoning measures that hinder ADU development.
With an estimated 8,000 to 10,000 ADUs expected over the next five years, this policy marks a significant step toward increasing housing accessibility across Massachusetts. Below is an outline provided by MAR (Massachusetts Association of Realtors) to try and bring clarity to resident's rights under this new law.
The final regulations that were released by EOHLC seek to help cities and towns adjust their local ordinances and provide guidance to property owners seeking to build an ADU. Additionally, the regulations supersede any existing ADU ordinances that were adopted by municipalities prior to the law going into effect.
At a high level, the maximum size of an ADU can be no more than half of the gross floor area of the principal dwelling, or 900 square feet, whichever is smaller.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. Regardless, it must maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling.
Municipalities are not permitted to set unreasonable restrictions on the development ADUs, including:
Need help with weighing your options and getting connected with the right builder that can make your ADU needs a reality? Contact us today!
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