Accessory dwelling units (ADUs) have become increasingly popular in recent years – especially in areas where residential real estate prices are prohibitively high for many would-be homeowners. Changes in the law around the country – including here in New Hampshire – have made it easier to designate either a detached or attached structure on their property as an ADU.
This not only increases the number of available housing units in an area. On an individual level, ADUs allow more young adults to be able to afford a place of their own – even if it’s separate from their parents’ home. They can provide an additional income source for those who rent their ADU. They also allow senior and elderly adults to live close to family while still maintaining some privacy and independence. In fact, one common name for an ADU is an “in-law suite.”
How the new law is intended to lessen “red tape”
Last year, New Hampshire changed the law to minimize the red tape previously required to convert part of their property to an ADU or build one on the property. However, according to one legislator behind the most recent law, some constituents were complaining that they still had to go to their local zoning board to get a building permit for their ADU.
One of the problems was that they were told they had a “non-conforming” structure because it didn’t meet current zoning requirements. Therefore, they had to get a variance (waiver) from the Zoning Board of Adjustments, which “adds, time, hassle and cost.”
Under the new law, non-conforming structures built prior to July 1, 2025 don’t need a variance for the owner to get an ADU permit. Those built after that won’t need a variance if zoning requirements change in the future as long as it was in compliance with the regulations in place at the time it was built.
Those who oppose the new law argue that it’s unnecessary and is only going to cause confusion — both for local officials and those seeking ADU permits. Thus, they argue, it could actually curb ADU construction. With experienced legal guidance, however, property owners can better navigate the changing laws and regulations around ADUs, which is evolving regardless. Top of Form