Exciting changes in the MA law that now allow accessory dwellings units to be permitted - Here's what we know and how it can affect your South Shore home! (Side note, I am EXCITED about this!!)
As of February, accessory dwelling units are now allowed by right (meaning without special permit variance) statewide in Massachusetts thanks to the Healey-Driscoll Administration’s Affordable homes act, signed into law by Governor Maura Healey in August 2024. Many people think of ADUs as tiny homes or in-law suites, ADUs are small, independent living spaces located on the same lot as a main/primary dwelling in a single-family residential zoning district. Garages, attics, and basements can be converted into ADUs, or an ADU can be a newly constructed detached cottage or addition onto the primary home, with a separate entrance. These are very popular out west, particularly in California and in areas where housing affordability is at an all time low. In locations like this cities have approved ADUs to create more housing accommodations.
It's exciting that Massachusetts has become open to this and I wanted to give you some of my thoughts on what this may mean for your South Shore home and South Shore real estate.
I dove deeper into the full details of the final regulations release which can be found HERE , and this is what I broke down:
Key things to consider
- ADU Size: An ADU can be built up to 900 square feet or half the size of the main house, whichever is smaller. So you max out at 900 sqft which is actually a pretty good size 2 bedroom with a kitchen and living room - I have ideas already!
- Zoning: ADUs are allowed in single-family zoning areas without needing a special permit. So no special permits needed this is by-right according to the new laws.
- Location Options: ADUs can be attached to, within, or separate from the main house. Think about over garage, basement, or a separate structure entirely. I'm dreaming about container housing ideas!
- Parking: Cities and towns can't enforce unreasonable parking rules for ADUs. You'll need some parking but the towns aren't allowed to be "unreasonable" when it comes to parking, so we will see what that means.
- Owner-Occupancy: There is no requirement for the owner to live in the ADU. THIS IS HUGE, this means you could RENT THEM for supplemental income.
- Floodplains: Special permits may be needed for ADUs in floodplains or aquifer protection areas. Flood plains are always an issue so no real surprise there, but still a possibility if you are in a flood plain.
- Addresses: Every ADU must have an address that meets MassGIS standards. So you have to have a real address, no shock there!
What excites me most about this? So many things! First up, I have a lot of clients looking for houses that can accommodate their parents, its a nice option that they could build a free standing structure in the yard for aging parents. I always have struggled with options for families that want parents close by but can't afford a giant house or they just want a bit of privacy. This is exciting that more people will be able to have family on site, think "nana pod" - very cool.
The other exciting thing about this is the potential for people to have a separate structure that is rental able, that rental income can help supplement their housing expenses that have become astronomical for many people in recent years. I'm envisioning garages converted into ADUs and opening up more housing options for renters and more income streams for owners.
Other fun facts about this new law:
The town can't Require any parking for an ADU located within 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station. So if you are really close to public transit, you don't have to have parking available! And if you are more than .5 mile, they can't require more than 1 parking spot, which really opens up the options for many urban houses.
The town also can't require the person who Is living in the home to be the owner of the property or a family member, this is huge because it verifies you can rent it to someone outside of your family (previously in-law apartments had this requirement), BIG CHANGE!
What are the main benefits of these new ADU laws in my opinion?
- Can Provide rental income for property owners, which can help offset maintenance and repair costs
- It Offers lower cost housing opportunity for adult children and other relatives to remain in their community (although people living in the ADU do not have to be related to the property owner)
- Gives more options for older adults – either as an opportunity for caregivers to live close by or to downsize while remaining in their community (I love this part, bring on the grandparents living close by)
- Creates smaller livable units so renters have more affordable options and can stay in the communities they love
- ADUs are smaller and use less electricity and water and are a more sustainable housing option and are better for the enviornment
I'm thinking about my clients that have homes in Scituate, Hull, Hingham, Norwell, Hanover, etc. and they have nice yards that they could create and ADU on and have rental income or a family member live close by. I think a lot of these towns have become so unaffordable that if you want to stay in these locations as a renter it is practically impossible. I am hopeful this changes the South Shore Real Estate Market to make it more accessible to a larger group of people. I am already dreaming about my ADU, what are your thoughts?
Thinking about buying our selling on the South Shore of MA? Reach out, we specialize in home selling here on the South Shore and would be happy to talk to you about your options!
Hillary Birch, Broker
