Building ADUs in Southeastern MA & Navigating the Affordable Homes Act

Introduction

Massachusetts’ Affordable Homes Act, signed in August 2024, introduced state-wide by-right allowance for Accessory Dwelling Units (ADUs) in single-family zoning districts. As of February 2, 2025, homeowners across Southeastern MA can build ADUs without special permits—making this an opportune time to explore in-law suites, backyard cottages, or basement apartments.

What Is an ADU and Why It Matters

  • An Accessory Dwelling Unit (ADU) is a self-contained living space—complete with kitchen, bathroom, and bedroom—on the same lot as a primary residence.

  • Maximum size: 900 square feet or 50% of the main house's gross floor area, whichever is smaller.

  • Legalized by right statewide, ADUs allow homeowners to generate rental income, support multigenerational living, or age in place with independence.

Overview of the Affordable Homes Act & ADU Provisions

  • The Affordable Homes Act (Chapter 150 of the Acts of 2024) amends state zoning law to make ADUs a protected use in single-family zones.

  • Effective February 2, 2025, ADUs are permitted by right across the state—even in communities without ADU zoning.

  • Local governments can only impose reasonable regulations like setbacks, height limits, or minimum lot size—not excessive parking or owner-occupancy requirements.

  • Only one parking space per ADU may be required, and none if the property is within ½ mile of transit.

What It Means for Southeastern MA Homeowners

  • You can apply now: Even if your town hasn’t updated its zoning bylaws, the new state law takes precedence.

  • Appeal options: If a permit is denied, homeowners have a 30-day window to appeal to their local board.

  • Act quickly: If your permit is filed before your town proposes new zoning rules, it will remain valid—even if local rules later change.

How Amex Construction Can Help

1. Zoning Compliance Assessment
We’ll review your property and determine if your ADU is allowed under current laws.

2. Septic & Utilities Planning
If your property uses a septic system, we’ll evaluate system capacity or work with engineers to ensure compliance.

3. Site Design & Placement
We help you choose the best location for your ADU—detached, attached, or internal—while meeting setback and lot coverage requirements.

4. Permitting & Appeals Support
We manage permit applications and assist with appeals if needed.

5. Full-Service Construction
From foundation to final inspection, we handle the entire build process—including excavation, utilities, and site restoration.

Typical Project Timeline

  1. Preliminary Site review, design consultation, septic evaluation

  2. Design & Permits Drawing plans, filing applications, securing approvals

  3. Site Prep Excavation, grading, utility connections

  4. Construction Full ADU build, inspections, finish work

  5. Finalization Landscaping, driveways, compliance documentation

Why Build an ADU Now?

  • Rental income potential

  • Property value increase

  • Family flexibility (aging parents, college grads, caregivers)

  • Regulatory momentum makes it easier and faster than ever

  • Avoid being affected by future town-specific restrictions

Conclusion

The Affordable Homes Act gives Southeastern Massachusetts homeowners a major opportunity: build a fully permitted ADU on your property—without jumping through costly or uncertain zoning hoops.

Amex Construction has the knowledge and experience to guide you through the zoning, septic, permitting, and construction phases. Whether you're envisioning a rental unit, a home for a loved one, or a private retreat, we're here to bring it to life.

Call to Action

Ready to explore an ADU on your property?
📞 Contact Amex Construction for a zoning consultation and site evaluation.

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