New law affirms Virginia homeowners’ right to build ADUs on their property

Richmond, Virginia; April 14, 2026: Virginia homeowners can now build accessory dwelling units on their property by right after Gov. Abigail Spanberger signed Senate Bill 531 into law yesterday, cutting red tape that had prevented property owners from making full use of their land. The new law, championed by the Commonwealth Housing Coalition and Pacific Legal Foundation, requires localities to permit ADUs in single-family zoning districts and caps permit fees at $500.

“For too long, Virginia localities used zoning rules as a weapon against homeowners who wanted to make sensible use of their own land,” said Jaimie Cavanaugh, Senior State Policy Counsel at Pacific Legal Foundation. “This law restores what should have never been taken away — the freedom to use your own property. Virginia has shown that states can cut through restrictive zoning, and we hope other legislatures take note.”

SB 531 prohibits localities from requiring setbacks greater than those applied to primary dwellings or other accessory structures and eliminates rules that had forced family-relation requirements between ADU and primary dwelling occupants. The law takes effect July 1, 2027.

Virginia’s new law reflects a growing national movement to restore property rights and expand housing freedom — one that Pacific Legal Foundation has advanced through its By-Right Housing Development Act, model legislation that states across the country can adopt to streamline housing approvals and remove barriers to building.