ADU guide · State law

Does Georgia have a statewide ADU law?

Updated October 2026

No. As of October 2026, Georgia has no statewide law requiring cities or counties to allow ADUs. A 2026 bill, HB 1166, would have removed zoning barriers to small ADUs of up to 400 sq ft on homesteaded residential property, but it did not pass. Each city and county still sets its own ADU rules.

What was HB 1166?

HB 1166 was introduced in the 2026 session of the Georgia General Assembly. As passed by the House, it would have limited local zoning barriers to accessory dwelling units of up to 400 sq ft on residentially zoned homestead property, with limited exceptions. The Senate replaced its language with different text, and the bill did not become law.

Could it come back?

2026 was the second year of Georgia's two-year legislative cycle, so bills that did not pass have to be reintroduced to be considered in 2027. A separate land-use bill that offered local governments a menu of housing policies in exchange for grant priority (HB 400 / SB 508) also failed in 2026. Whether either returns, and in what form, is not known as of October 2026.

So who decides whether I can build?

Your local government. Inside the City of Atlanta, that is the city's zoning code; see Atlanta's ADU rules. Decatur, Sandy Springs, Marietta and East Point each have their own, and unincorporated areas follow their county's code. That is why rules near Atlanta range from owner-occupancy requirements in Decatur to guest house standards in Sandy Springs.

What state rules do apply?

  • Building codes. ADUs are built to Georgia's state minimum building codes, enforced by the local building department.
  • Contractor licensing. The State Licensing Board for Residential and General Contractors licenses contractors; a license is required for residential work over $2,500.
  • Private covenants. Without a state ADU law, recorded deed restrictions and HOA rules are not overridden. See can an HOA block an ADU?

Will my city's rules stay the same?

It depends on the city. Atlanta has a published ADU proposal and a draft zoning rewrite in progress, and other cities amend their codes from time to time. A rule that applied when a neighbor built may not apply when you apply, so we check the current text for every project.

How is Georgia different from states with ADU laws?

Some states require every city to allow ADUs and cap what local codes can demand. In Georgia, as of October 2026, a city can allow ADUs broadly, narrowly or not at all, and set its own size, parking, occupancy and fee rules. That makes the parcel-level check more important here than in many other places.

Sources, as of October 2026:

  • Enterprise Community Partners, "Georgia 2026 Legislative Session Wrap" (HB 1166, HB 400 / SB 508 outcomes).
  • Civic Atlanta, "Georgia House advances bill to allow small accessory dwelling units statewide" (March 1, 2026).
  • City of Fayetteville, GA, Contractor Licensing Requirements page (state board and $2,500 threshold).

Find out what your city allows.

Give us the property address and the kind of unit you have in mind. We read the zoning for that parcel, flag anything that could stop the project, and reply before any design work starts. Serving Atlanta, Decatur, Sandy Springs, Marietta and East Point.

The lot check is free. You get a written, itemized quote only after a site visit.