Virginia ADU Laws

Complete 2026 guide to accessory dwelling unit regulations

Local Control Only

📋Quick Facts

Owner Occupancy
May be required
Parking
Set locally
Approval Process
Varies locally

📜Recent Legislation

SB 304 (2024) - Passed Senate 22-18, deferred to 2025 in House Counties, Cities and Towns Committee

HB 1832 (2025) - ADU mandate bill, would require localities to permit ADUs by-right, effective July 1, 2026 if passed

HB 2533 (2025) - Virginia Housing Commission-endorsed bill, requires ADUs as consideration in comprehensive plans

⚠️Key Requirements & Restrictions

  • No statewide ADU law yet - legislation pending
  • Rules vary entirely by locality
  • Must comply with Virginia Uniform Statewide Building Code (USBC)
  • Localities with ADU ordinances prior to Jan 1, 2024 may be exempt from future mandates (per SB 304 language)

📖Detailed Analysis

No statewide ADU law - entirely local control. SB 304 passed Virginia Senate 22-18 in Feb 2024 but was deferred to 2025 by House committee. In 2025/2026 session: HB 1832 follows SB 304 approach (mandate ADUs as permitted use), HB 2533 is softer approach (add ADUs to comprehensive plan considerations). Virginia Housing Commission created ADU Playbook documenting 159 municipalities' ADU policies. Local leaders: Arlington allows ADUs, Fredericksburg developing ordinance, Falls Church examining impacts. Housing Commission studying issue extensively. No statewide minimum or maximum size - localities set own rules. All ADUs must comply with Virginia USBC. Growing legislative momentum but statewide mandate not yet enacted.

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⚠️ Disclaimer

The information provided on this website is for general informational purposes only and does not constitute legal, financial, or professional advice. ADU laws, regulations, and requirements vary by jurisdiction and change frequently. While we strive to keep this information accurate and up-to-date, we make no representations or warranties of any kind about the completeness, accuracy, reliability, or suitability of this information. Always consult with qualified local professionals, including attorneys, architects, and your local planning department, before making any decisions regarding ADU construction or investment. Use of this information is at your own risk.

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Last updated: February 2026