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ADU rules in Virginia

Representative cities: Virginia Beach, Richmond.

Verify locally. Virginia enforces the Uniform Statewide Building Code (USBC) statewide through local building inspections departments; municipalities add zoning rules. Shed (≤256 sq ft), fence (<6 ft), and retaining-wall (<3 ft) exemptions are statewide, but Virginia Beach applies stricter deck rules. Always confirm with Virginia Beach or Richmond before starting work. ADU rules below are drawn from official sources — always confirm with the issuing building department before designing or building.

ADU permit rule

Permit requiredGenerally allowedcity authority
Fee basis
Building permit based on valuation plus a 2% state levy (Virginia Beach); verify with the city.
Typical timeline
Residential plan review ~10 business days for new construction; zoning first.
Setback
Follow local zoning (state law requires localities to allow ADUs in single-family zones); confirm with the city.
Area threshold
No state size exemption — ADUs are habitable accessory structures.
Exempt if
None — ADUs require a building permit and zoning approval.
Go / no-go
allowed
Virginia law requires localities to allow ADUs in single-family zoning. A USBC building permit and zoning approval are required. Henrico lists ADUs as permit-required.

Frequently asked questions

Do I need a permit to build an ADU in Virginia?

Per Virginia rules, an ADU is "yes" for a permit and the authority is "city". Virginia law requires localities to allow ADUs in single-family zoning. A USBC building permit and zoning approval are required. Henrico lists ADUs as permit-required. Always confirm with the issuing building department.

How big can an ADU be in Virginia?

Area threshold: No state size exemption — ADUs are habitable accessory structures.

What are the ADU setbacks in Virginia?

Setback: Follow local zoning (state law requires localities to allow ADUs in single-family zones); confirm with the city.

How much does an ADU permit cost in Virginia?

Fee basis: Building permit based on valuation plus a 2% state levy (Virginia Beach); verify with the city.

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