Newton, MA
Newton, MA Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 10/10
Last Updated 6.20.2024
What You Need To Know
In Newton, ADUs can be detached as well as within a primary dwelling. The design requirements for each type of ADU are extensive, and getting approval for an ADU is a difficult process.
Type of ADU Permit Required
ADUs within a dwelling and detached dwellings both are by right in Newton; however, a special permit may be required/granted for the construction of spaces that exceed the baseline requirements.
ADU Rules
Requirements for both ADUs within a dwelling and detached ADUs
The ADU must have the same owner as the primary dwelling.
Only one ADU is allowed per lot.
The owner of the property must reside in either the primary dwelling or the ADU.
The total number of individuals allowed on the lot is not increased by the addition of an ADU.
ADUs can only be rented for a period of 30 days or more.
Additional parking is not required if an ADU is built, but if it is added, a screening process must be followed.
The property owner must provide documentation prior to a certificate of occupancy being granted to the county. Documentation stating the ADU rules will be followed must be filed yearly as well.
Requirements for detached ADUs
Detached ADUs must be at least 250 square feet and cannot be greater than 900 square feet or 50% of the total habitable space of the existing dwelling, whichever is less.
A special permit may be granted to increase the square footage up to 1,500 square feet.
Habitable space is the total of the habitable space of the primary dwelling and the ADU.
The design of the ADU must align with the character and architecture of the primary residence.
The ADU must meet dwelling separation and setback requirements.
ADUs are included in the floor area ratio.
If the home is of historic significance and outside of a historic district, a detached ADU may be allowed by right without a special permit if the following conditions are met:
The detached ADU must be located within an accessory structure or primary dwelling.
The ADU must be greater than 15 feet from the existing dwelling.
Any alteration to the exterior of the building must preserve the character of the historic building.
Requirements for ADUs within a dwelling
ADUs within a dwelling must be at least 250 square feet and cannot be greater than 1,000 square feet or 33% of the total habitable space of the primary dwelling, whichever is less.
Habitable space is the total of the habitable space of the primary dwelling and the ADU.
A special permit may be granted up to 1,200 square feet or 40% of the total habitable space, whichever is less.
Any exterior alterations made to accommodate an ADU must be made in a way that maintains the original structure and look of the primary dwelling. Specifically:
Siding, roof pitch, trim, and windows
Exterior staircases are permitted but should be designed to compliment the primary dwelling or hidden.
Only by special permit can new street side entrances be created.
Resources:
https://www.newtonma.gov/home/showpublisheddocument/29823/638457536861130000