HB82 Legislature on Accessory Dwelling Units (ADUs)

With Utah housing growing exponentially and projected to expand over the next decade, more homeowners are looking to build Accessory Dwelling Units (ADUs).

Accessory dwelling units are a small, second dwelling on the same grounds as your home, either detached or attached to your single-family house. This can be an apartment over the garage, a tiny house/building in the backyard, or a basement apartment.

In order to sustain an ADU and keep it up to code, the Owners must obtain a conditional use permit certify that the following safety requirements have been met:

• Each bedroom must have a working smoke detector
• A working smoke detector and CO detector in hallways outside of bedrooms
• GFCI outlets have been installed in the kitchen and bathrooms
• The water heater must have earthquake straps
• All bedroom windows must meet minimum egress requirements
• For basement apartments, handrails and guardrails are installed
• Additional off-street parking

New construction ADUs must meet the above regulations, obtain a land use permit, and a building permit.

Like many avenues of real estate, there are pros and cons to building an ADU:

Benefits of ADUs

• Affordable and easy to construct (no requirement to pay for land, infrastructure, parking, or elevators).
• ADUs can increase income for homeowners.
• They create more room for family expansion and safeguard privacy.
• They provide as much space as newly built apartments and condominiums, and as guest homes.
• ADUs allow flexibility for seniors and the independence of family members.
• ADU’s can be environmentally friendly and help decrease energy use reduce that impacts housing.

Cons/Red Tape of ADUs

• Some local regulations can place caps on square footage, which makes it difficult for Utahns to navigate rules to create a mother-in-law apartment in their basement legally.
• With permits and architects adding sewer and electricity, ADUs can be costly to hook up once built.
• Homeowners in Rural Areas can have issues with ADUs depending on their property laws and regulations.
• Finding qualified labor can be problematic and expensive.
• Building materials are increasingly difficult to obtain with current shortages.

In late March of 2021, House Bill 82 (HB82) was passed by the Utah Legislature and signed into law by Governor Spencer Cox on March 16th, then passed by the Senate.

HB82 by and large removes zoning barriers, which allows for more flexibility for homeowners. HB82 deals primarily with internal accessory dwelling units, or apartments that do or would exist inside the existing footprint of a single-family home, such as a basement. HB82 prohibits local and state governments from establishing accessory dwelling unit restrictions regarding things like the size of the unit, the size of the lot, parking, and street frontage. So long as accessory dwelling units comply with the applicable building codes and fire codes, they should be allowed. Each city in Utah has to go through its city councils and commissions when obtaining a permit for an ADU. 

The following ADU is a 950 SQ FT, 2 beds, 2 baths. This ADU has walk-in closets, a 2 car garage, and 10′ ceilings. Purposely designed with no stairs, sushi height counters, etc.

 

 

With housing prices throughout Utah and America skyrocketing, median housing costs have risen alarmingly, creating an affordability crisis with low inventory, high demand for homes, and bidding wars.

 

To help curb this crisis, HB82 creates leg room for more affordable options and in turn, helps homeowners to expand and increase the value of their property.

To learn more, please see below for literature on the HB82 legislation. For more information on accessory dwelling units in Utah or buying or selling your home, contact us and we’d be happy to answer any questions you might have.

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