Remove Barriers to ADUs

HB 1291 will help New Hampshire create more home types for different family sizes and needs.

The New Hampshire Accessory Dwelling Unit (ADU) statute defines ADUs as residential living units that are within or attached to a single-family dwelling and provide independent living facilities for one or more persons. Accessory dwelling units are a critical component of addressing the housing needs of New Hampshire residents.

  • Allows homeowners to build either an attached or detached accessory dwelling unit (ADU) by right on their property

  • Allows the development of a second ADU and enables the local government to include regulations on the permitting of the second ADU

  • Removes burdensome regulations such as extreme setback requirements, design review requirements, and aesthetic requirements that have limited the effectiveness of ADU regulations in New Hampshire

  • Sets a reasonable allowable parking requirement standard on ADUs

  • HB 1291 allows the conversion of existing structures, such as garages, to accessory dwelling units, expanding flexibility for homeowners

What HB1291 actually does:

  • HB 1291 makes small changes to existing law to correct policy design issues that currently make it difficult for some homeowners to build accessory dwelling units. As many current residents of ADUs can attest, these smaller 1-to-2 bedroom homes are more likely to be affordable due to their size, and are often close to school, jobs, and amenities. 

  • With New Hampshire facing one of the more dire housing shortages in the nation, we need more homes across the spectrum - more places that are affordable to people with low and fixed incomes, especially seniors and people with disabilities, more places that college students, graduates, and working families can afford, and more homes of different types and sizes for our neighbors. 

  • HB 1291 will help New Hampshire create more home types for different family sizes and needs. HB 1291 removes barriers that currently block homeowners from building accessory dwelling units. In many states, accessory dwelling units rent for 19% less than other market-rate rentals, often naturally attainable for households making under median income.

What you should know about HB1291:

Frequently Asked Questions:

WHAT ROLE DO ADUs PLAY IN A HEALTHY HOUSING MARKET?

ADUs are a great option for people who need a smaller home - a senior looking to downsize, a young adult just starting their career, or a two-person household might find an ADU to be a good fit. An ADU might also be the right choice for an older adult looking to live near their family and caregivers or for an adult with a disability to live close to caregivers and loved ones.

Research indicates that accessory dwelling units rent for 19% less than other market-rate rentals, making them more accessible for households with incomes below the median.

WHY WILL THIS BILL HELP SOLVE OUR HOUSING CRISIS?

Accessory dwelling units already play a crucial role in addressing the housing needs of New Hampshire residents. They are just one piece of the puzzle, offering a solution alongside other measures to tackle the challenges our state is facing.

By expanding the range of home types, including various sizes and designs, we can better serve the evolving needs of our communities. This means more affordable housing options and homes tailored to individuals at different stages of life. With a diverse array of housing choices, more people will have the opportunity to find and afford homes that suit their specific requirements.

HB 1291 seeks to address challenges encountered by homeowners since the enactment of the 2017 law, specifically addressing concerns related to constructing Accessory Dwelling Units (ADUs) on their property. The proposed bill introduces substantial changes, including including allowing detached ADUs and allowing homeowners to build at least one ADU through a by-right process.

WHAT WILL NEIGHBORHOODS LOOK LIKE AFTER THE LEGISLATURE ADOPTS HB 1291?

Since 2017, accessory dwelling units (ADUs) have been legal statewide in New Hampshire, with many communities of all sizes witnessing their construction. We recognize that ADUs offer a valuable opportunity to increase housing options for our neighbors and community members. However, incorporating an ADU presents its challenges - homeowners must possess suitable space or configurations, access to financing for the investment, and a genuine need or desire to build one.

Ultimately, HB 1291 aims to mitigate these challenges by implementing technical changes and eliminating unnecessary barriers to ADU construction in our state. The proposed adjustments are designed to facilitate private property owners in building ADUs, making the process more accessible for those who wish to do so. The end result is a landscape where neighborhoods can better accommodate diverse housing needs, fostering a more inclusive and vibrant community in the Granite State.