In plain words
Tennessee has no statewide ADU law. An ADU, or accessory dwelling unit, is a small second home on the same lot as a house. It might be a backyard cottage, a garage apartment, or a suite inside the house. Each county and city decides through its zoning. Zoning is the local rulebook for what can be built where. So the answer depends on exactly where your property is. Some cities allow ADUs widely. Chattanooga allows one ADU up to 800 square feet wherever single-family homes are allowed. The owner does not have to live there. Nashville allows backyard ADUs only in certain areas. There, the owner must live in the house or the ADU. That rule is called owner occupancy. Nashville also caps size at 700 or 850 square feet, depending on lot size. Rules outside the big cities can be very different. In the country, septic approval is often the biggest hurdle. A septic system treats wastewater on your own land. A 2025 law lets the state grant septic exceptions. They cannot be used on lots that already hold more than one home. In 2026, lawmakers looked at a bill that would have made every town allow ADUs. It would have stopped towns from capping ADUs below 850 square feet or making the owner live on site. That bill died in committee, so local control stays in place. Before you plan, check your city or county code and your HOA rules. You may be able to build only if local rules and your property allow it.
The rules at a glance
| State ADU law | No. Each city, town or county decides. |
|---|---|
| Owner living on site | Towns may require the owner to live on the property. |
| Parking | State law doesn’t set this. Local rules vary; Knoxville's code has required one off-street space for an ADU, while Chattanooga only asks that the main home's existing parking be kept or replaced. |
| Size | State law doesn’t set this. Local caps vary: 700 or 850 sq ft of living space in Nashville depending on lot size, 200 to 800 sq ft in Chattanooga, and a lot-size scale from 600 to 1,200 sq ft in Knoxville's 2019 code. |
| Lot size and setbacks | State law doesn’t set this. Counties and cities set lot size, setback and placement rules in their own zoning codes. |
| Fees | State law doesn’t set this. Permit, utility tap and any impact fees are set locally. |
| Short-term rentals | State law doesn’t set this. Local governments regulate short-term rentals within the state's short-term rental unit law (Tenn. Code Ann. Title 13, Chapter 7, Part 6). Nashville bars new DADUs in single-family and similar zones from short-term rental use; Chattanooga requires a short-term rental permit and may require a rezoning when the owner does not live on site. |
What to do next
- Find out whether your property is inside city limits or in unincorporated county land; this decides which zoning code applies.
- Look up your zoning district and read the local ADU or accessory-dwelling rules, or call the planning or codes office and ask what is allowed on your lot.
- If you are on septic, contact the state or county septic permitting office early to learn whether your soil and system can serve a second unit.
- Read your deed and any HOA covenants; private restrictions can ban a second unit even where zoning allows one.
- Ask about owner-occupancy rules, size caps, parking and short-term rental limits before you design, since these vary the most across Tennessee.
- Get zoning and building permits before construction starts.
What your town still decides
No Tennessee statute makes counties or cities allow ADUs. Zoning powers come from Tennessee Code Annotated Title 13, Chapter 7, and each county, city and metropolitan government decides whether ADUs are allowed, where, how big, and whether the owner must live on site. Rules often change at the city line, so whether land is inside a city or in the county matters. Septic approval is often the real limit in rural areas; a 2025 law lets the state grant septic variances over stricter local rules, but not for lots already holding more than one home with accessory buildings. A 2026 law (Public Chapter 1037, HB 2509) created a workforce-housing loan pilot run by the Tennessee Housing Development Agency that counts local flexibility such as 'accessory units' as a plus; its loans go to public-private partnerships, not to individual homeowners. Private deed restrictions and HOA rules can also ban ADUs, and the failed 2026 statewide bill would have left those in place.
Examples of local rules
- Nashville (Metro Nashville-Davidson County): Detached ADUs (DADUs) are allowed only where the zoning lists them: the Urban Services District, DADU overlays in the General Services District, and some overlay or specific-plan areas. One DADU per parcel with one single-family house; both must have the same owner and one must be owner-occupied. Living space is capped at 700 sq ft on lots under 10,000 sq ft and 850 sq ft on larger lots, with a 27-foot ridge height limit. New DADUs in single-family and similar zones cannot be used as short-term rentals. Source
- Knoxville: The 2019 zoning code (Sec. 10.3.B) allows one ADU inside, attached to, or detached from a single-family home on lots of at least 5,000 sq ft, with size tied to lot area (600 to 1,200 sq ft, never over 40% of the house or two bedrooms) and one off-street parking space. Detached units need 5-foot side and 10-foot rear setbacks. In December 2023 the planning commission recommended dropping the owner-occupancy rule citywide and easing setbacks and size limits, and City Council took up the change in February-March 2024. Source
- Chattanooga: Ordinance 13839, in effect since June 14, 2022, makes ADUs a permitted use in zones that allow single-family detached homes. One ADU per property, from 200 to 800 sq ft, with no owner-occupancy requirement; units over 700 sq ft need two exits. Short-term rental use needs a permit, and a property where the owner does not live may need a rezoning first. The city adopted follow-up amendments in 2024. Source
- Memphis and unincorporated Shelby County: The joint Unified Development Code (Sec. 2.7.3) ties ADU rules to lot size. A county guide says new ADUs are not allowed on lots under 10,000 sq ft; on lots from 10,000 sq ft to 1.5 acres an ADU may be the smaller of 700 sq ft or one-third of the house's ground floor, and on larger lots up to half of it. A rewrite of the code was in draft in 2026, so check the current text. Source
What we’re still confirming
- Knoxville amended its ADU rules in 2024; confirm current owner-occupancy, size and distance-from-lot-line rules with the city.
- Sources disagree on the minimum lot size for an ADU in Memphis and Shelby County (10,000 or 7,000 sq ft); confirm with the planning office.
Laws, bills and citations
The laws behind this (1)
- Variances for subsurface sewage disposal (septic) systems (2025 Tenn. Pub. Acts ch. 208 (SB 113 / HB 199); Tenn. Code Ann. §§68-221-402, 68-221-403(a)(10)(F), 68-221-410, signed April 29, 2025, in effect April 15, 2025). A septic law, not a zoning law. It defines 'accessory buildings' to include ADUs, garages, barns and sheds. In counties where the local health department runs septic permits under a state contract, it lets the state environment commissioner grant septic variances that override stricter local rules. Those variances cannot be used for multi-lot systems or for a lot holding more than one single-family home with accessory buildings. It does not require any town to allow ADUs. Read it
Proposed and failed bills (2). None of these is law.
- HB 2031 / SB 2131 (114th General Assembly, 2026): died as of October 3, 2026. Would have made every county and city allow ADUs on lots zoned for a single-family home or duplex. Towns could not have capped ADUs below 850 sq ft, required the owner to live on site, banned leasing, required parking on lots under 7,000 sq ft, or required side and rear setbacks over 5 feet. Permits would have been approved without hearings within 60 days or deemed approved. HB 2031 was taken off notice in the House Cities and Counties Subcommittee on March 11, 2026; SB 2131 sat in a Senate subcommittee. Both died when the legislature adjourned for good on April 23, 2026. Bill page
- HB 2423 / SB 2237 (113th General Assembly, 2024): died as of October 3, 2026. An incentive bill, not a mandate. A county or city would have earned 5% of the state recordation tax collected there, up to 20%, for each listed zoning reform it adopted. One option was allowing at least one ADU on single-family lots with a house. HB 2423 was taken off notice in the House Property and Planning Subcommittee on March 27, 2024, and SB 2237 went to a Senate general subcommittee the same day. Both died when the 113th General Assembly ended. Bill page
Sources
- 2025 Tenn. Pub. Acts ch. 208 (SB 113 / HB 199); Tenn. Code Ann. §§68-221-402, 68-221-403(a)(10)(F), 68-221-410 · official source
- HB 2031 / SB 2131 (114th GA) bill information and history · official source · checked 2026-10-03
- SB 2131 (114th GA) bill information · official source · checked 2026-10-03
- HB 2031 bill text (as introduced) · official source · checked 2026-10-03
- SB 113 (114th GA) bill information: signed by Governor 4/29/2025, Pub. Ch. 208 · official source · checked 2026-10-03
- HB 2509 (114th GA), Public Chapter 1037 (2026), community workforce housing innovation pilot program · official source · checked 2026-10-03
- Public Chapter 1037 (2026) text · official source · checked 2026-10-03
- HB 2423 / SB 2237 (113th GA) bill information, zoning reform incentives · official source · checked 2026-10-03
- HB 2423 bill text (113th GA, as introduced) · official source · checked 2026-10-03
- Tennessee General Assembly subject index, Housing (114th GA) · official source · checked 2026-10-03
- Metro Nashville Codes, I Want to Build a Detached Accessory Dwelling Unit (DADU) · official source · checked 2026-10-03
- City of Knoxville Zoning Code User's Manual (Oct. 2019), Sec. 10.3.B ADUs · official source · checked 2026-10-03
- Knoxville-Knox County Planning case 8-C-23-OA (ADU amendments) · official source · checked 2026-10-03
- Chattanooga-Hamilton County Regional Planning Agency, ADU Ordinance · official source · checked 2026-10-03
- City of Chattanooga Ordinance No. 13839 (ADUs) · official source · checked 2026-10-03
- Shelby County, Accessory Structures in a Nutshell (UDC Ch. 2.7 guide) · official source · checked 2026-10-03
- Memphis and Shelby County Unified Development Code (Develop901) · official source · checked 2026-10-03
- Baker Donelson, The 114th Tennessee General Assembly Adjourns Sine Die (April 23, 2026) · checked 2026-10-03
- NCSL 2026 State Legislative Session Calendar · checked 2026-10-03
- HOA Weekly, Tennessee's dead ADU bill would have spared HOA covenants · checked 2026-10-03
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.