On August 6, 2024, Governor Maura Healey signed the Affordable Homes Act into law, marking a significant step forward in Massachusetts’ approach to housing. A key highlight of this legislation is the legalization of Accessory Dwelling Units (ADUs) by-right in single-family zoning districts across the state. This means that starting February 2, 2025, homeowners can build ADUs without needing special permits, opening up new opportunities for affordable and flexible housing options.
What Are ADUs?
Accessory Dwelling Units, commonly known as ADUs, are small, self-contained housing units either attached to or located on the same property as a single-family home. They may be found in garages, basements, or standalone structures and are often referred to as “granny flats” or “in-law apartments.” ADUs typically include a kitchen, bath, and at least one bedroom, making them ideal for housing aging relatives, caregivers, or young adults starting out on their own.
Key Provisions of the Law
- Size Limits: ADUs are limited to 900 square feet or half the size of the principal dwelling, whichever is smaller.
- Owner Occupancy: There are no requirements for the homeowner to live in either the primary residence or the ADU.
- Parking: If an ADU is located within ½ mile of transit, such as a commuter rail or ferry terminal, no parking spaces are required. Otherwise, the maximum parking requirement is one additional space.
- Local Flexibility: Cities and towns may impose further restrictions, such as regulating short-term rentals or adjusting size limits.
What This Means for Homeowners
For those living in communities that previously restricted or prohibited ADUs, this law opens up exciting possibilities. Whether you’re looking to downsize, provide housing for a family member, or earn rental income, ADUs offer a cost-effective solution. The law also removes barriers such as lengthy permitting processes and parking mandates, making it easier and more affordable to add an ADU to your property.
In Greater Boston and beyond, where over 56% of homes are single-family, this could be a game changer. Even if only 10% of homeowners choose to build an ADU, that would create around 170,000 new housing units across the state. ADUs also help address the housing needs of an aging population, provide affordable options for younger residents, and promote multi-generational living—strengthening communities.
What Communities Need to Know
Cities and towns will need to update their zoning regulations to comply with the new state law. Existing bylaws that conflict with the Affordable Homes Act, such as owner-occupant requirements, will be unenforceable after February 2, 2025. However, municipalities can still tailor certain aspects of ADU regulations, like site plan review procedures, dimensional requirements, and short-term rental restrictions. While there’s no immediate compliance deadline, communities may want to prioritize updating their processes to accommodate this new law.
The Bigger Picture
Allowing ADUs statewide is part of a broader effort to address the housing crisis in Massachusetts. The Affordable Homes Act provides the flexibility and opportunity to create diverse, affordable housing options. By legalizing ADUs, Massachusetts joins states like Oregon and California in promoting smaller, more sustainable housing types.
The Executive Office of Housing and Livable Communities (EOHLC) estimates that 8,000 to 10,000 ADUs could be built in the next five years under this law. Local communities can incentivize homeowners to build ADUs by streamlining permitting processes and offering pre-approved building plans, making it even easier to take part in the solution to the housing shortage.
Moving Forward: What You Can Do
As Massachusetts moves toward implementing the Affordable Homes Act, homeowners should consider the benefits of adding an ADU to their property. Not only can it provide housing for family or tenants, but it also adds long-term value to your home.
If you’re interested in learning more about how to get started with an ADU, Dwelly is here to help. We offer permit-ready, high-performance ADU designs that are both sustainable and affordable. Reach out to us today to see how we can help you build the ADU of your dreams and make a positive impact on your community!
Contact Dwelly to learn more about our ADU plans and how we can help streamline your project from design to permitting. Together, we can build a future of affordable, eco-friendly housing in Massachusetts.
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