Virginia homeowners may soon have more flexibility to add an accessory dwelling unit (ADU) to their property thanks to Senate Bill 531, which was signed into law by Governor Abigail Spanberger on April 13, 2026. The legislation is designed to reduce barriers for homeowners who want to maximize the use of their property while helping address the state’s growing housing needs.
What Is an Accessory Dwelling Unit?
An accessory dwelling unit, often called an ADU, is a smaller, independent living space located on the same lot as a single-family home. An ADU may be attached to the main home, built as a detached structure, or created by converting an existing garage or basement.
To qualify as an ADU, the space must include:
- A kitchen
- A bathroom
- A sleeping area
- A separate entrance
Homeowners often use ADUs to provide housing for aging parents, adult children, caregivers, or long-term tenants. They can also create an additional source of rental income while allowing families to remain together on one property.
What Does SB 531 Change?
Beginning July 1, 2027, the new law requires most Virginia localities to allow accessory dwelling units in single-family residential zoning districts.
The legislation also:
- Limits ADU permit fees to no more than $500.
- Prevents local governments from imposing rear or side setback requirements that are more restrictive than those for the primary home, or greater than four feet, whichever is less.
- Eliminates previous requirements that occupants of the primary home and the ADU be related by family.
These changes are intended to simplify the approval process and make it easier for homeowners to add a secondary living space.
What Requirements Still Apply?
Although the law removes several zoning barriers, homeowners must still meet all applicable building and safety requirements. Depending on the property, this may include:
- Virginia building codes
- Utility connections
- Septic or sewer capacity requirements
- Other local development standards
Before beginning construction, homeowners should verify that their plans comply with all applicable regulations.
Important Exceptions for Northern Virginia
- One important detail for Northern Virginia homeowners is that SB 531 does not override local ADU ordinances that were already in place as of January 1, 2026. Communities including Fairfax County, Arlington County, and the City of Alexandria had existing ADU regulations before the law was passed. As a result, these jurisdictions are not automatically required to adopt the new statewide standards and may continue operating under their current local ordinances.
- HOA Regulations – if HOA regulations prohibit secondary structures then building an ADU may be prohibited. Consult with a real estate attorney to get clarification when HOA regulations conflict with the new law.
If you own property in one of these areas, it’s important to review your locality and HOA’s specific ADU regulations before making plans to build.
