ADU Rules in Virginia Beach, VA (2026)
ADU rules, permit requirements, size limits, and fees for Virginia Beach, VA. Source-cited from official municipal code.
Yes, ADUs are allowed in Virginia Beach, VA.
Virginia Beach, VA permits accessory dwelling units (ADUs) on residential properties. ADUs — also called granny flats, in-law units, backyard cottages, or secondary suites — are secondary housing units on a single-family or multifamily lot. State and local law actively preempts local restrictions, making ADU approval a streamlined ministerial process. In Virginia Beach, the Virginia Beach Department of Planning and Community Development — Permits and Inspections handles ADU permit applications. Below you will find the current size limits, setbacks, fees, and timeline for building an ADU in Virginia Beach.
ADU Size Limits
ADU Size Limits in Virginia Beach: Detached ADU: up to 1200 sq ft (max height: 25 feet). Attached ADU: 35% of primary dwelling floor area, maximum 1,200 sqft. Virginia Beach allows accessory apartments up to 1,200 sqft. Both attached and detached types permitted. JADU is a California-specific concept — not applicable in Virginia Beach.
| Type | Max Size | Max Height |
|---|---|---|
| Detached ADU | 1200 sq ft | 25 feet |
| Attached ADU | 35% of primary dwelling floor area, maximum 1,200 sqft | Per zone height limit |
Permit Fees
ADU Permit Fees in Virginia Beach: Plan check fee: $250–$1,000. Building permit fee: Based on construction value — typically $1,000–$3,500. Impact fees: None. School fees: None or N/A. Total estimated permit cost: $2,000–$6,000 total permit fees. Virginia Beach conditional use permit fee plus building permit fees. No significant development impact fees for ADU scale projects.
| Fee Type | Amount |
|---|---|
| Plan Check | $250–$1,000 |
| Building Permit | Based on construction value — typically $1,000–$3,500 |
| Impact Fees | None |
| School Fees | None |
| Total Estimate | $2,000–$6,000 total permit fees |
Permit Timeline
Virginia Beach ADU Permit Timeline: Virginia Beach Planning Department accessory apartment conditional use permit: typically 4-8 weeks for review. Building permit after CUP approval. Total process 3-9 months including construction. Apply through the Virginia Beach Department of Planning and Community Development — Permits and Inspections online permit portal. Phone: (757) 385-4211.
Setback Requirements
ADU Setback Requirements in Virginia Beach: Front setback: follows zone standard. Side setback: 5 feet. Rear setback: 5 feet. Virginia Beach accessory apartment setbacks: 5 ft rear, 5 ft side. Setbacks vary by underlying zone — R-40 requires larger setbacks. Oceanfront properties have additional shoreline buffer requirements.
Parking Requirements
Parking Requirements: 1 off-street parking space required per accessory apartment unit. Existing off-street parking must be maintained for primary dwelling.
Restrictions & Requirements
- Owner-occupancy required of primary or accessory unit
- Only one accessory apartment per single-family lot
- Conditional use permit required in most residential zones
- Cannot be located within required front yard
- Cannot be separately conveyed from primary dwelling
- Oceanfront Resort District has additional STR regulations
- Agricultural District (AG-1, AG-2) — rural Virginia Beach — has different accessory structure standards
How Many ADUs Are Allowed?
Number of ADUs Allowed in Virginia Beach: Single-family lots: 1. Multifamily properties: Multiple units in A-12 through A-36 apartment zones per development standards. One accessory apartment per single-family lot. Virginia Beach's dual character — urban oceanfront and rural Pungo area — creates different ADU contexts across the city.
Single-Family Lots
1
Multifamily Properties
Multiple units in A-12 through A-36 apartment zones per development standards
State Law & Preemption
State Preemption: Virginia Code Section 15.2-2291 requires Virginia Beach to allow accessory apartments in single-family residential zones. Virginia Beach implements this through its Accessory Apartment Program with conditional use permits available across residential zones.
Historic District Considerations
Historic District Requirements: Virginia Beach has 3 historic districts where additional design review may be required for ADU construction. Design review approval is required before obtaining a building permit for properties in historic overlay zones. Virginia Beach has fewer historic districts than inland Virginia cities, but includes the Seatack community, the First Landing historic site, and portions of Princess Anne Courthouse area. The Cavalier Hotel (National Historic Landmark) and surrounding Cavalier Shores neighborhood have landmark protections. The historic nature of Virginia Beach is tied more to colonial and Civil War history (Princess Anne County courthouse complex) than Victorian-era architecture. Look up historic district boundaries at: https://www.vbgov.com/government/departments/planning/pages/historic-preservation.aspx
Frequently Asked Questions
Can I build an ADU in Virginia Beach?
Yes. Virginia Beach, VA allows accessory dwelling units. On a single-family lot you can build 1.
How big can an ADU be in Virginia Beach?
The maximum size for a detached ADU in Virginia Beach is 1,200 square feet.
How long does it take to get an ADU permit in Virginia Beach?
The typical ADU permit timeline in Virginia Beach is Virginia Beach Planning Department accessory apartment conditional use permit: typically 4-8 weeks for review. Building permit after CUP approval. Total process 3-9 months including construction.. Total estimated permit fees are $2,000–$6,000 total permit fees.
Do I need extra parking for an ADU in Virginia Beach?
No, Virginia Beach does not require additional parking for ADUs.
Do I have to live on-site to have an ADU in Virginia Beach?
No, owner-occupancy is not required for ADUs in Virginia Beach.
Source: Virginia Beach City Code Chapter 11 — Zoning Ordinance; Virginia Code Section 15.2-2291. Last verified April 6, 2026. View source