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 § 15.2-2223 — Comprehensive plan; defines accessory dwelling units (2025 Acts of Assembly, c. 570) · Verified June 25, 2026 · Source
Effective Date
2021-07-01
Preempts Local Ordinances
Yes — state law overrides local restrictions
Has State Law
Yes
Statewide Preemption Status Unconfirmed
No statewide preemption statute was confirmed for this jurisdiction — regulation is local. Local governments retain full authority to set their own rules.
Key Provisions
Virginia Code Section 15.2-2291 requires localities to allow accessory apartments (ADUs) in all single-family residential zones · Source
Localities must permit at least one accessory apartment per single-family dwelling unit · Source
ADUs may be located within or attached to the primary structure · Source
Localities may require a conditional use permit but may not require a use variance · Source
Owner-occupancy of either the primary or accessory dwelling may be required by local ordinance · Source
Localities may set reasonable size and dimensional standards but cannot effectively ban ADUs in single-family zones · Source
Virginia ADU law was expanded in 2021 — prior versions had been in place since the 1990s · Source
Detached ADUs: localities have more discretion on whether to allow fully detached structures · Source
Legislative History
2021 —
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. · Source
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 § 15.2-2223 — Comprehensive plan; defines accessory dwelling units (2025 Acts of Assembly, c. 570). Last verified April 5, 2026. View source