Not as a separate legal unit in the City of Atlanta, as of October 2026. City Planning says attached ADUs, which include basement conversions, are not currently allowed. You can finish a basement as part of the main house, and a city proposal would allow attached ADUs if adopted. In Decatur, a lower-level ADU is allowed under the city's ADU rules.
What counts as an attached ADU?
A second dwelling inside or joined to the main house, with its own kitchen and living space. A finished basement with a bedroom, bathroom and family room, but no separate kitchen and still connected to the house, is usually just more living space for the main home, not a second unit.
What would the city's proposal change?
City Planning's published proposal would allow attached ADUs up to 50% of the main dwelling or 1,000 sq ft, in the districts that allow ADUs. It is a proposed policy, not adopted law, as of October 2026. Atlanta's draft zoning rewrite, held for revisions in September 2026, could also change the picture.
Where nearby can a basement be an ADU?
- Decatur. The city's ADU page names the lower level of the house as an example of an attached ADU. Limits: 800 sq ft, 40% of the main house, two bedrooms, owner on site at least eight months a year. See Decatur.
- Sandy Springs. The development code, as published, allows a guest house attached to the main home. See Sandy Springs.
- Marietta. The code's ADU definition includes attached units to the rear of the house. We confirm the use rules with the city.
What does a basement need to become a legal unit?
It depends on the basement. Where a code allows a lower-level unit, the building code typically looks for:
- enough ceiling height in living areas
- an emergency escape opening in each sleeping room, such as an egress window or door
- fire separation between the two dwellings
- a separate entrance
- drainage and moisture control, often with a sump or ejector pump
- its own heating and cooling, or a properly zoned system
Daylight basements on sloped lots, common across metro Atlanta, often meet the entrance and egress requirements more easily than fully underground ones.
What if I just want a suite for family?
A finished basement suite without a separate kitchen can usually be permitted as part of the house. It will not be a rentable second unit, but it can give a parent or adult child private space now. If Atlanta adopts attached ADUs later, a well-planned suite may be easier to convert. See attached ADUs and in-law suites.
Sources, as of October 2026:
- City of Atlanta Department of City Planning, "Allow attached ADUs, for sale option and expand citywide".
- City of Decatur, Accessory Dwelling Units page.
- Sandy Springs Development Code as published, guest house standards (Sec. 7.3.1).
- Rough Draft Atlanta, "Atlanta zoning code critique" (October 16, 2026).