Not many states are immune to the housing shortage in the US, and Florida unfortunately is no exception. With its rapidly growing population and rising housing costs, the Sunshine State is facing increasing pressure to provide affordable and efficient housing solutions. One potential answer to this challenge is the construction of accessory dwelling units (ADUs). These small, secondary homes—sometimes called granny flats, backyard cottages, or in-law suites—are becoming a popular choice for homeowners looking to maximize their property’s value and create more housing options.
However, the state currently does not have statewide ADU regulations like California does to regulate ADU construction uniformly across all cities and counties. Instead, Florida leaves the regulation of ADUs to local municipalities, which can lead to complications.
Nonetheless, many organizations like AARP and the Florida Housing Coalition have been advocating for a change to make the process easier for homeowners.
Let’s take a look at what we do know now about Florida ADU regulations.
What is an ADU?
ADU stands for “accessory dwelling unit”. ADUs are individual living spaces built on a property that already has an existing main house. They are intended for long-term housing so they are required to have all of the necessary features of a larger sized home including:
- Private exterior entrance
- Utilities including water, electricity, and sewage
- Full kitchen with a stove, refrigerator, cabinetry, and countertops
- Full bathroom with toilet, sink, and bath or shower
- Bedroom or area for a bed if building a studio
- Sufficient insulation
These are just the baseline requirements for ADUs.
Most are familiar with detached ADUs situated in backyards, but they can also be attached to the main house, built above a garage, or converted from an existing space like a garage, basement, or attic depending on what your city allows.
Can I build an ADU in Florida?
Yes, there is currently no law that outright bans ADUs in the state. However, your city may have passed an ordinance that either sets their own local ADU regulations or bans ADUs outright. In other words, the feasibility of building an ADU on your property depends on what city your property is in.
According to the AARP, 16 of Florida’s 67 counties lack an ADU ordinance altogether, and at least 12 counties have outright banned ADUs. Additionally, some counties that permit ADUs have imposed restrictions prohibiting their use as long-term housing which defeats the purpose.
Many states like California and Oregon that have passed progressive statewide ADU regulations to make building easier have reported that ADUs have provided valuable affordable housing options for residents, helping to address housing shortages and stabilize communities. These regulations streamline the approval process, reduce barriers, and encourage homeowners to create additional living spaces that can accommodate families, seniors, and individuals seeking cost-effective housing solutions.
Florida cities that have welcomed the progressive ADU approach have also reported positive outcomes, such as increased housing availability, greater flexibility for multigenerational living, and economic benefits for homeowners. Some of those areas include Orlando, Tampa, and Hallandale Beach which we will go over in depth next.
Tampa ADU Regulations
Tampa, Florida currently allows homeowners to build ADUs. However, the permitted uses of your ADU vary depending on the neighborhood you live in. All ADUs are allowed in the following areas:
- Seminole Heights
- Area around Lowry Park
- East Tampa Overlay
- Tampa Height Overlay
ADUs built anywhere else can only be built for a family member. These are referred to as Extended Family Residences (EFRs) and the regulations for EFRs slightly differ.
Both ADUs and EFRs require the homeowner to submit a “Special Use” application and ensure all criteria for Special Uses be met. The property must also be owner-occupied.
The regulations for ADUs and EFRs depending on your neighborhood are as follows:
Orlando ADU Regulations
In Orlando, to be eligible for an ADU, properties must meet specific zoning requirements. ADUs are permitted in all Residential (R) zoning districts, all Mixed Residential-Office (MXD) districts, and Office Low and Medium Intensity (O-1 and O-2) districts, subject to minimum lot size requirements. Only one ADU is allowed per lot, and they are not permitted on duplex or tandem lots. Additionally, if your home is in a Historic District, you should contact the Historic Preservation Officer for specific guidelines.
If you are unsure of what zone your property lies in, you can check using the Orlando Information Locator.
For maximum ADU size, this will depend on several factors. First, ensure that your property meets your zone’s minimum lot size requirements. Depending on your zone, you may be able to build up to 500 sq ft or 1,000 sq ft.
ADUs in Historic Districts can be up to 700 sq ft.
Next, you need to calculate the floor area ratio. The combined square footage of the main house and ADU cannot exceed 50% of the total lot size. For example, on a 5,500-square-foot lot with a 2,300-square-foot house, the maximum ADU size would be 450 square feet. This calculation ensures the total structure size remains proportional to the lot size.
If the ADU is larger than 500 sq ft, you must include an additional parking space.
The ADU must match the general exterior design of the main house. This can be in the form of exterior paint, materials, and roof pitch and must be shown on the ADU permit application.
In Orlando, ADUs must be rented for a minimum of 30 days. Owner occupancy is not required.
Hallandale Beach ADU Regulations
In Hallandale Beach, ADUs are allowed on any zoning district where single-family residential use is permitted. Duplexes and other multi-family properties are not eligible.
The ADU can only be rented to individuals with an income that does not exceed 50% of the Area Median Income and rent must be affordable according to the latest Florida Housing Finance Corporation Income Limits. Homeowners will be required to sign an owner affidavit stating that they will comply with these requirements. The tenant must also submit income verification for approval.
ADUs must be at least 350 sq ft in size and can be up to 75% of the size of your primary residence.
Short term rentals (less than 30 days) are not allowed.
Parking is only required for ADUs larger than 500 sq ft. Setback requirements will be the same as listed in your local zoning code. The ADU must be at least 10 ft from the primary dwelling.
Getting Started
The first step in creating a large project like an ADU is always creating the vision. Maxable has curated a library of ADUs in various regions for homeowners like you to use an inspiration for your future ADU. Check out our ADU Tours to hear from real homeowners and tour real ADUs of varying sizes on our Youtube Channel. We’ve documented everything from stylish barn conversions to ultra modern two-story behemoths.
Happy Building!