ADU laws in Georgia

In plain words

Georgia has no statewide law about accessory dwelling units. An accessory dwelling unit, or ADU, is a second, smaller home on the same lot as a house. Examples are a backyard cottage, a basement apartment, or a garage apartment. In Georgia, each city and county decides. They do this through zoning. Zoning is the local rulebook that says what can be built where. State law sets the steps for zoning hearings, but not what towns must allow. Some places allow ADUs only in certain districts or on bigger lots. Others require a rezoning or a variance first. A variance is special permission to break a written rule, granted after a hearing. Homeowners association (HOA) rules can also ban ADUs. In 2026, the House passed HB 1166. It would have let owners add one small home, 400 square feet or less, without zoning approval. The home had to sit next to a homesteaded house. Homesteaded means it is the owner's main home for property-tax purposes. A Senate committee replaced the bill's wording with an unrelated topic, and it never got a final vote. The CHOICE Act, which would have rewarded towns that allow ADUs, also died. Lawmakers start fresh in January 2027. Until then, local rules decide, and building codes apply everywhere. You may be able to build one if local rules and your property allow it.

The rules at a glance

What to do next

1. Find out whether your property is inside a city or in unincorporated county land, then look up its zoning district.
2. Read the local zoning code's ADU or accessory-structure section, or call the planning office, and ask whether you need a rezoning, variance or special use permit.
3. Check HOA covenants and deed restrictions, which can forbid an ADU even when zoning allows one.
4. If the lot is on septic, ask the county health department whether the system can handle a second unit.
5. Watch the 2027 legislative session for a new version of HB 1166 or the CHOICE Act.

What your town still decides

Georgia has no statute that requires or limits ADUs. The Zoning Procedures Law (O.C.G.A. Title 36, Chapter 66) sets minimum notice and hearing steps for zoning decisions, and its stated purpose confirms that cities and counties hold the zoning power. So whether ADUs are allowed, in which districts, at what size, on how big a lot, and whether the owner must live on site are all local choices. Common local approaches include allowing ADUs only in certain districts, requiring a larger lot, capping size or bedrooms, or requiring a rezoning, variance or special use permit. Georgia's statewide minimum construction codes still apply to any ADU that is built, and homeowners association covenants can forbid ADUs regardless of zoning. The 2025-2026 term ended without any ADU bill passing, and Georgia bills do not carry over into the new term that starts in January 2027.

Examples of local rules

• Atlanta: Atlanta writes its own ADU rules into its zoning code. The city planning department says detached ADUs are allowed by right in the R-4, R-4A and R-5 districts, plus some special-interest and historic districts, with a 750 sq ft size cap and a 20 ft height limit. R-4 and R-4A were added through the Z-18-100 zoning update the city proposed in 2018. The city has proposed allowing attached ADUs (such as basement or garage units), raising the cap to 1,000 sq ft and adding the R-4B district, but its full zoning rewrite (Zoning 2.0) had not been adopted as of September 2026. Lot coverage, setback and other rules still apply, so check with the Office of Zoning and Development. Source
• Savannah: Savannah's zoning code (NewZO, in effect since 2019) allows one ADU per lot, attached or detached, in districts including agricultural (A-1), single-family (RSF), two-family, RMF-1, traditional neighborhood, downtown and planned developments. A 2023 amendment loosened the original rules: in suburban-style districts the lot now has to be at least 125% of the district's minimum lot size (it used to be 200%), and the ADU's footprint can be up to 40% of the main home's footprint, capped at 700 sq ft (1,000 sq ft in large-lot districts). It may have one bedroom and must be no taller than 25 ft or the main home, whichever is less. In late 2025 the city took up another change that would lower the lot rule to the district minimum and allow ADUs next to two- to four-family homes; we couldn’t confirm it was adopted, so ask the city's zoning staff what is current. Source

What we’re still confirming

• Savannah's ADU changes were on the city council agenda in November 2025, but the final vote isn't confirmed; check the current rules with the city.

Laws, bills and citations

This is general information, not legal advice. Your town, village, city or county decides what can be built on your property. If something here looks out of date, email the team.