ADU Laws in Virginia (2026)
Virginia state ADU law details, key provisions, preemption status, and recent legislative changes for accessory dwelling units.
Law Name
Virginia Code Section 15.2-2291 — Accessory Apartments
Effective Date
2021-07-01
Preempts Local Ordinances
Yes — state law overrides local restrictions
Has State Law
Yes
Key Provisions
Virginia Code Section 15.2-2291 requires localities to allow accessory apartments (ADUs) in all single-family residential zones
Localities must permit at least one accessory apartment per single-family dwelling unit
ADUs may be located within or attached to the primary structure
Localities may require a conditional use permit but may not require a use variance
Owner-occupancy of either the primary or accessory dwelling may be required by local ordinance
Localities may set reasonable size and dimensional standards but cannot effectively ban ADUs in single-family zones
Virginia ADU law was expanded in 2021 — prior versions had been in place since the 1990s
Detached ADUs: localities have more discretion on whether to allow fully detached structures
Legislative History
2021 — HB 1919 / SB 1205
Strengthened Virginia's accessory apartment law by clarifying that localities must allow at least one accessory apartment in single-family residential districts. Updated definitions and compliance requirements. Effective July 1, 2021.
Official Sources
What Does Preemption Mean for Local Cities?
Because Virginia law preempts local ordinances, individual cities cannot impose restrictions stricter than the state standard. A city may still have additional administrative requirements, but cannot deny ADU applications that comply with state minimums.
Learn about Virginiazoning preemption →Source: Virginia Code Section 15.2-2291 — Accessory Apartments. Last verified April 5, 2026. View source