Virginia Legalized Backyard Housing. Most of Northern Virginia Gets to Opt Out.

A new state law gives Virginia homeowners a by-right accessory dwelling unit starting July 1, 2027. Fairfax, Arlington and Alexandria are likely exempt from it. And in the counties it does cover, your HOA still outranks the state.

By Chris Colgan | Real Nova Network  •  Updated August 2026

Driving the News

Gov. Abigail Spanberger signed Senate Bill 531 on April 13, 2026.

It became Chapter 895 of the Acts of Assembly and added a new section to the Code of Virginia, § 15.2-2292.3 .

The core change is significant: zoning ordinances in covered single-family districts are deemed to include accessory dwelling units as a permitted accessory use, and a locality cannot simply create additional requirements beyond those authorized by the statute.

• Effective date: July 1, 2027. Nothing changes today.
• Sponsors: Sen. Kannan Srinivasan of Loudoun County and Sen. Saddam Salim of Fairfax County.
• The vote was close: 21–19 in the Senate on February 12 and 62–37 in the House on March 4. View the full bill history.

Why It Matters

For the first time, Virginia has created a statewide floor for backyard cottages, garage apartments, basement suites and other accessory dwelling units in the jurisdictions covered by the law.

A qualifying project cannot simply be killed because a Board of Zoning Appeals or nearby residents oppose the concept of an ADU.

That's a structural change in how residential land can be used. It creates the potential to add housing capacity one lot at a time without creating an entirely new subdivision.

What the State Locked In

Permit Fee Capped at $500

The ADU permit fee itself can be no more than $500.

That does not mean the entire project costs $500 in government fees. Building, electrical, plumbing, mechanical, site and other required permits remain separate.

Setback Parity — Sort Of

Localities cannot impose rear or side setbacks on an ADU that are greater than what applies to the primary dwelling or accessory structures on the lot, whichever is less.

The Family Requirement Is Gone

Where the state law applies, localities cannot require the ADU occupant to be related by blood or marriage to the occupant of the primary dwelling.

Yes, But: Your HOA Is Untouched

This may be the most important part of the entire law for Northern Virginia homeowners.

Subsection F says the statute does not supersede private agreements concerning the use of real property. That includes recorded declarations, covenants, condominium instruments, common-interest-community declarations and property owners' association declarations.

That distinction can matter enormously in covenant-controlled communities across Bristow, Gainesville, Brambleton, South Riding, Lake Ridge, Kingstowne, Broadlands and many other Northern Virginia subdivisions.

Prince William County explicitly notes that the county does not have authority over private homeowner associations. Read Prince William County's HOA information.

Loudoun County provides similar guidance. Read Loudoun County's HOA information.

The Catch: The Grandfather Clause

Subsection I exempts a locality that adopted an accessory dwelling unit ordinance before January 1, 2026.

Prince William is also one of the region's major new-construction markets. Read our breakdown of new construction in Loudoun, Fairfax and Prince William County.

Between the Lines

A 500-Square-Foot Ceiling Can Still Be Legal

The statute allows localities to impose limits involving floor area, lot coverage and impervious area, subject to minimum thresholds.

Those thresholds are 350 square feet on lots smaller than 2,500 square feet and 500 square feet on lots of 2,500 square feet or larger.

Parking Is Still a Lever

Localities can require replacement parking for the primary residence and dedicated parking associated with the ADU. On narrow or constrained lots in older neighborhoods around Manassas and Woodbridge, those requirements could materially affect whether a project works.

What I'd Do Between Now and July 2027

The Bottom Line

Virginia opened the door to backyard housing, but it also preserved two important exits: qualifying local ordinances that were already in place and private property covenants.

Whether this law actually reaches your property may ultimately come down to two things:

• Your locality's zoning and ordinance history
• Your property's recorded covenants and restrictions

Before spending thousands of dollars on drawings, engineering or design work, figure out exactly which rules apply to your property.

Frequently Asked Questions

About the Chris Colgan Team

Chris Colgan is the founder of Real Nova Network and team leader of the Chris Colgan Team — Real Brokerage LLC — Powered by PLACE.

Through ColganTeam.com and RealNovaNetwork.com, Chris covers Northern Virginia real estate trends, major developments and hyper-local market updates to help buyers and sellers make confident decisions.

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Sources

• Code of Virginia § 15.2-2292.3
• SB 531 Chaptered Text
• SB 531 Bill History and Roll Calls
• Virginia Mercury
• Virginia Association of Counties

Chris Colgan has sold Northern Virginia real estate for more than 20 years and more than $1 billion in volume. This article covers a real estate policy change and is not a political position or legal advice. Confirm your locality's current ordinance, permitting requirements and your property's recorded covenants before committing to an ADU project.