A new state law in Massachusetts allows homeowners to build accessory dwelling units (ADUs) on residential properties across the state, effective this Sunday. This law, part of the $5.1 billion housing bond bill signed by Governor Maura Healey last year, allows ADUs in any area zoned for single-family homes.
With this change, property owners can build smaller secondary homes, often called “granny flats” or “in-law apartments,” without needing to get special permits or zoning approvals.
Boston, however, is working on its own set of ADU regulations and is not included in the state law.
The primary aim of this new law is to address the growing demand for affordable housing in Massachusetts. The state’s Executive Office of Housing and Livable Communities predicts that the law will result in the construction of between 8,000 and 10,000 ADUs over the next five years.
These new homes could be built from scratch, or homeowners might convert existing spaces like garages or basements into separate living areas. In some cases, modular homes may be brought in and placed on the property.
ADUs offer homeowners the chance to provide affordable housing for family members or rent out the space to generate extra income. This new law makes it easier for homeowners to create these smaller living spaces without jumping through complicated zoning hoops.
However, the law also puts limits on how cities and towns can regulate these units. No city or town can impose restrictions on ADUs that are more stringent than what is applied to a single-family home on the same property. For instance, the regulations regarding design standards and lot sizes for ADUs cannot be more demanding than those for single-family homes.
Towns will be allowed to regulate whether ADUs can be used as short-term rentals, such as through platforms like Airbnb or VRBO, but only if they impose similar regulations on short-term rentals for single-family homes.
As part of the new law, all communities will have to submit records of ADU applications and permits to the Executive Office of Housing and Livable Communities. This will help the agency monitor how many ADUs are being built and assess whether the law needs adjustments in the future.
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