Committee hears bill to legalize small accessory dwelling units statewide; municipal groups urge caution

Representative Herring told the committee House Bill 1166 would remove what he called unnecessary zoning barriers and allow homeowners to construct secondary dwellings of 400 square feet or less—commonly called tiny homes, carriage houses or granny flats—while preserving local authority over building codes, septic systems and historic districts.

"My bill removes unnecessary zoning barriers, prevents homeowners from building safe, high quality secondary dwellings of 400 square feet or less," Representative Herring said, framing the measure as a response to the state’s housing shortage and a tool to help veterans, seniors, first responders and teachers.

Committee members raised concerns including possible subdivision or easement strategies that could allow institutional investors to convert ADUs into standalone saleable units, the lack of explicit limits on the number of ADUs per property, and strain on water and sewer infrastructure. Representative Montahan and others pressed the sponsor on whether the bill would permit resale of an ADU separately from the primary parcel; the sponsor said ADUs are intended to remain part of the primary property and to be sold together with it.

Local-government representatives endorsed a narrower, planned approach. Noah Renitz of the Georgia Municipal Association told the committee the bill in its current form "creates kind of two pathways"—one for ADUs and one that would allow standalone cottage-type homes on any residentially zoned lot—and warned that removal of zoning review could create rapid, unplanned increases in density and strain on infrastructure.

Industry groups expressed support with caveats. Jeff Ledford (Georgia Realtors) and Austin Hackney (Home Builders Association of Georgia) said ADUs can increase housing options, aging-in-place choices and property values and pointed out existing permitting and code enforcement would still apply. Hackney noted Georgia has construction code guidance for residential structures of 400 square feet or less.

The committee treated the item as a hearing-only for that day and asked the sponsor to work with members—particularly those in Metro Atlanta—on language to address concerns about institutional investors, limits, and infrastructure.