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

Jaimie Cavanaugh, Senior state policy counsel at Pacific Legal Foundation
Jaimie Cavanaugh, Senior state policy counsel at Pacific Legal Foundation
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Virginia homeowners will have the right to build accessory dwelling units (ADUs) on their property by right after Gov. Abigail Spanberger signed Senate Bill 531 into law on April 14. The new law, which takes effect July 1, 2027, requires local governments to allow ADUs in single-family zoning districts and limits permit fees to $500.

Supporters say this measure removes obstacles that previously restricted how homeowners could use their land. Jaimie Cavanaugh, Senior State Policy Counsel at Pacific Legal Foundation, said, “For too long, Virginia localities used zoning rules as a weapon against homeowners who wanted to make sensible use of their own land. 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.”

The legislation prohibits localities from imposing setback requirements greater than those for primary dwellings or other accessory structures and eliminates family-relation requirements between occupants of ADUs and primary dwellings.

This change reflects a broader national trend aimed at restoring property rights and expanding housing options. Pacific Legal Foundation has promoted similar reforms through its By-Right Housing Development Act model legislation for states across the country.

Pacific Legal Foundation operates as a nonprofit funded entirely by private donors, according to the official website. The organization promotes individual liberties with the goal of fostering cultural and social well-being so Americans can lead peaceful and productive lives according to its official website. It is recognized for its strong record in Supreme Court cases despite having limited resources according to the official website.

Pacific Legal Foundation serves clients nationwide by protecting constitutional rights from government overreach through strategic litigation and advocacy according to its official website. The group provides free legal representation while publishing constitutional scholarship; it has achieved 18 wins out of 20 cases before the U.S. Supreme Court according to its official website.



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