Building an ADU in Georgia

Georgia has no statewide ADU law

Georgia does not have a state law that makes cities or counties allow ADUs. The state's Zoning Procedures Law recognizes and confirms "the authority of local governments to exercise zoning power within their respective territorial boundaries" and sets minimum procedures for using it. It has no ADU requirement, and it says nothing in it should be read to "require a local government to exercise its zoning power."

That means your city or county zoning code decides whether you can add a backyard cottage, garage apartment or basement unit. For one city's rules, see our Atlanta ADU guide. [1][2]

The 2026 ADU bill that died: HB 1166

House Bill 1166, sponsored by Rep. Tangie Herring, was titled "zoning decisions shall not affect or be required for certain residential dwellings of 400 square feet or fewer." The House committee version would have added to O.C.G.A. 36-66-2 that "no zoning decision shall affect or be required for the construction or modification of dwellings of 400 square feet or fewer" on property where residential uses are allowed.

Under that version:

• the small home could only be a secondary unit on the same parcel as a homesteaded home that fully meets local zoning;
• only one such unit was allowed per parcel;
• local governments could still enforce the state minimum building codes, septic rules, historic district and landmark rules, manufactured home rules, flood insurance rules, and infrastructure, utility and environmental requirements.

The House passed the bill by substitute on March 6, 2026. On March 27, 2026, the Senate State and Local Governmental Operations committee reported a substitute that replaced the ADU language with provisions about inactive and distressed municipalities. The Senate read it a second time that day, and that was its last action. It is not law. [1][2][3]

ADU incentives that didn't pass: the CHOICE Act

House Bill 400, the "Community Housing Options Increase Cost Efficiency (CHOICE) Act," would not have required ADUs. Instead, the House committee version would have let local governments earn a certification from the Department of Community Affairs for adopting housing policies. Certified governments would get priority for some state grants and loans.

Qualifying policies in that version included one that "permits the construction of an accessory dwelling unit on any parcel of land where a single-family home exists," and one that cuts permit or regulatory fees for ADUs or multifamily buildings by at least 25%.

A House committee approved a substitute on February 26, 2026, but the bill never passed the House. A Senate version, SB 508, was read and referred to committee on February 17, 2026 and went no further. [4][5][6]

What to check with your city or county

Because the rules are local, ask your planning and zoning office:

• which zoning districts allow an ADU, and whether it can be attached or must be detached;
• the maximum size, height and setbacks;
• whether you need a parking space;
• whether the owner must live on the property;
• whether you can rent it short term, and what license you need;
• the building permit, plan review, impact and water and sewer fees.

Zoning isn't the only hurdle. HB 1166's own text listed building codes, septic, historic district, flood insurance and utility rules as things local governments would still enforce, and private covenants may add limits. Our ADU permit process guide, garage conversion guide, ADU cost guide and backyard tiny house guide cover the general steps. [1][2]

Georgia laws to know

• Zoning Procedures Law, O.C.G.A. 36-66-2

  Confirms that local governments hold zoning power and sets minimum procedures for using it; it does not require ADUs. [2]

• HB 1166 (2026), proposed small-home zoning exemption (did not pass)

  Would have barred zoning from blocking one home of 400 square feet or less on a homesteaded residential parcel; the Senate committee replaced its text and it never got a final vote. [1][2][3]

• HB 400 and SB 508 (2025-2026), CHOICE Act (did not pass)

  Would have given grant and loan priority to local governments that adopt housing policies such as allowing an ADU on any parcel with a single-family home. [4][5][6]

Questions people ask