Granny Flat Florida
Zoning Rules, Permits & Costs
Florida calls them ADUs. Same rules, same permits, same zoning laws — whatever name you use. Here’s what you need to know before building one.
What Florida Calls a “Granny Flat”
Florida zoning codes don’t use the term “granny flat.” The official term is Accessory Dwelling Unit (ADU) — defined in Florida Statutes §163.31771 and referenced in every city’s Land Development Code.
A unit triggers ADU rules when it has all four of these: its own entrance, sleeping area, bathroom, and kitchen (sink, cooking appliance, refrigerator) — on the same lot as a primary home. A room with a mini-fridge is not a granny flat. A self-contained cottage in your backyard is.
Florida Statute §163.31771 lets local governments adopt ordinances permitting ADUs — there is no statewide requirement that every city allow them. Whether a granny flat is permitted, and its size, setbacks, and design standards, is set by your city or county ordinance.
All the Names for the Same Thing
| What You Call It | Florida Legal Term | Notes |
|---|---|---|
| Granny flat | Accessory Dwelling Unit (ADU) | Most common informal term in Florida |
| In-law suite | ADU or Accessory Apartment | If self-contained with own entrance + kitchen |
| Mother-in-law suite | ADU or Accessory Apartment | Same as in-law suite |
| Casita | Detached ADU / Guest Cottage | Common in South Florida and Hispanic communities |
| Backyard cottage | Detached ADU | Used statewide, especially in marketing |
| Guest house | Detached ADU or Guest Cottage | Must meet ADU standards to be a legal dwelling |
| Carriage house | Detached ADU | Historic neighborhoods; may need historic review |
| Garage apartment | Attached or Detached ADU | Above or beside garage |
| Second dwelling unit | ADU | Melbourne and some county codes use this exact phrase |
| Granny pod | Portable/Prefab ADU | Must meet FL Building Code + receive permit; foundation typically required |
| Prefab ADU | Modular or Panelized ADU | DBPR Modular Building Program applies; budget $80K–$200K installed |
Are Granny Flats Legal in Florida?
They can be — where the local ordinance allows them. Florida does not have a statewide law that requires every city to permit ADUs:
Florida Statute §163.31771
Allows local governments to adopt ordinances permitting ADUs in single-family areas. It is permissive — it does not require every jurisdiction to allow them, and it does not create a universal statewide right to build.
Statewide bills that did not pass
Two bills that would have expanded ADU rights statewide — SB 184 (2025) and SB 48 (2026) — both failed in the Legislature and are not law. Whether you can build a granny flat depends on your city or county ordinance, not a statewide mandate.
HOAs are a separate issue
Local zoning permission does not preempt HOA deed restrictions. If your HOA prohibits accessory structures or secondary dwellings in its CC&Rs, you cannot build a granny flat regardless of what the local ordinance allows. Check your CC&Rs before spending anything on design.
Size Limits & What It Costs to Build
Florida has no statewide size floor for ADUs — the maximum size is set by each city or county ordinance. In practice, published local caps commonly fall between roughly 600 sq ft and 1,200 sq ft, but they vary by jurisdiction and change over time, so confirm the current figure locally.
- County impact fees (transportation, schools, fire): $3,000–$8,000+ in most Florida counties
- Florida-licensed architect / engineer: $3,000–$8,000+ (no free plans programs except Gainesville and Orange County)
- Cape Coral utility connection assessments: $10,000–$30,000+ for unassessed parcels
- HVHZ wind load compliance (South Florida, coastal counties): adds $10,000–$25,000 in impact windows, doors, and roof systems
Granny Flat Rules by Florida City
Each city sets its own rules within Florida’s state framework. Click any city for the full guide.
| City | Max Size | Owner Occupancy | STR |
|---|---|---|---|
| Orlando | 1,000 sq ft | Not required | 30-day min |
| Tampa | 1,500 sq ft (RS-50+) | Not required | 30-day min |
| Jacksonville | Varies by district | Not required | Verify |
| Miami | 750 sq ft (HVHZ zones) | Verify by district | Restricted |
| Gainesville | ~850 sq ft (city) | Not required (city) | Verify |
| Tallahassee | 1,200 sq ft | Not required | Allowed |
| St. Petersburg | 800 sq ft / 67% of primary | Verify | 30-day min |
| Fort Lauderdale | 600 sq ft / 49% of primary | Required | Prohibited <30 days |
| West Palm Beach | ~800 sq ft (SF14 only) | Verify | 6 months + 1 day min |
| Melbourne | Smaller than primary / ~1,000 sq ft | Not required | Currently unregulated |
| Cape Coral | Verify with city | Verify | Verify |
| Daytona Beach | 50% of primary | Required | Prohibited <30 days |
Data as of June 2026. Verify current rules with city planning before committing to design.
Rental Income from a Florida Granny Flat
A granny flat in Florida typically rents for $950–$2,000/month long-term, depending on city, size, and condition. Higher-income markets (Palm Beach, Fort Lauderdale, Miami) command premiums. Stable workforce markets (Space Coast, Gainesville, Tallahassee) offer lower but more consistent yields.
| Market | 1-Bed Long-Term Rent | Demand Driver |
|---|---|---|
| Miami / Fort Lauderdale | $1,800–$2,500/mo | Urban professionals, healthcare, finance |
| West Palm Beach | $1,700–$2,200/mo | High-income Palm Beach County market |
| Orlando | $1,300–$1,700/mo | Tourism, tech, UCF — year-round demand |
| Tampa / St. Petersburg | $1,400–$1,900/mo | Booming metro, remote workers, healthcare |
| Jacksonville | $1,100–$1,500/mo | Military, logistics, finance — stable |
| Melbourne / Palm Bay | $1,100–$1,500/mo | SpaceX, NASA, aerospace professionals |
| Gainesville | $900–$1,300/mo | University of Florida — dense student + staff demand |
| Tallahassee | $950–$1,300/mo | FSU, FAMU, state government employees |
| Cape Coral | $1,200–$1,700/mo | Retirees, snowbirds, Gulf Coast lifestyle |
How to Permit a Granny Flat in Florida
The permitting process is similar across Florida cities, with variations in portal names and timelines. The core steps:
Check your zoning and verify your city
Use your city's GIS map to confirm your zoning district and that you're in the right jurisdiction (not unincorporated county, not a neighboring city). This determines which rules and permit office apply.
Confirm ADU eligibility
Call your city's Planning or Zoning department. Ask: is an ADU permitted by right in my district? What are my setbacks, lot coverage limit, and maximum ADU size? 15 minutes on the phone can save months of wasted design work.
Check your HOA CC&Rs
If your property has an HOA, review the CC&Rs for restrictions on accessory structures or secondary dwellings. City permits do not override HOA covenants.
Hire a Florida-licensed designer
Most Florida cities require construction drawings signed and sealed by a Florida-licensed architect or Professional Engineer. Exception: Gainesville and Orange County offer free pre-approved plan sets you can use without hiring a designer.
Submit building permit application
Submit via your city's online permit portal with the required documents: property survey, construction drawings, site plan, energy calculations (RESCHECK), contractor license.
Record Notice of Commencement
Required by Florida law before construction begins. Record with your county Clerk of Courts and post on-site.
Inspections and Certificate of Occupancy
Schedule required inspections at each construction phase. After passing the final inspection, the city issues a Certificate of Occupancy — the unit is now a legal dwelling.
Frequently Asked Questions
What is a granny flat called in Florida zoning law?
Florida zoning codes call granny flats "Accessory Dwelling Units" (ADUs) or "Accessory Apartments." Some cities use their own terms: Melbourne calls them "Second Dwelling Units," Pinellas County uses "Accessory Dwelling Unit" in Chapter 138. Regardless of what you call it, the legal test is the same: a self-contained unit with its own entrance, sleeping area, bathroom, and kitchen on the same lot as a primary home.
Are granny flats legal in Florida?
It depends on your local jurisdiction. There is no statewide law requiring every Florida city to allow granny flats. Florida Statute §163.31771 lets local governments adopt ordinances permitting ADUs, but whether a granny flat is allowed — and its size limits, setbacks, and design standards — is set by your city or county ordinance. HOA deed restrictions are independent of government permits and can still prohibit granny flats — check your CC&Rs.
How big can a granny flat be in Florida?
There is no statewide size limit for ADUs in Florida — maximum size is set by each city or county ordinance. Published local caps vary widely (for example, some cities cap ADUs in the 600–800 sq ft range while others allow up to roughly 1,200 sq ft), and these figures change, so confirm the current cap with the applicable planning department. Your specific jurisdiction's rules apply — check your address.
What does it cost to build a granny flat in Florida?
Building a granny flat (ADU) in Florida typically costs $80,000–$300,000+ depending on size, type, and location. A garage conversion is the least expensive ($40,000–$100,000). A new detached cottage runs $120,000–$250,000. A two-story above-garage unit can reach $200,000–$350,000+. South Florida (Miami, Fort Lauderdale) costs are highest due to HVHZ wind load requirements and labor costs. Add $3,000–$8,000+ for Brevard, Broward, Palm Beach, and Lee County impact fees.
Do I need a permit to build a granny flat in Florida?
Yes, always. An unpermitted granny flat is illegal, creates title problems when you sell, voids your homeowner's insurance, and can result in fines or forced removal. All Florida granny flats require a building permit, plans sealed by a Florida-licensed architect or engineer, and a Certificate of Occupancy before anyone can legally live in the unit.
Can I rent out a granny flat in Florida?
Yes, in most Florida cities long-term rental of a granny flat is allowed. Short-term rental rules vary significantly: Orlando requires 30-day minimum, Fort Lauderdale prohibits STR under 30 days, West Palm Beach requires 6 months + 1 day, Tallahassee allows STR, Melbourne currently has no specific local STR ordinance. All STR operators statewide need a Florida DBPR Vacation Rental Dwelling license and must collect Florida 6% sales tax plus the applicable county Tourist Development Tax.
What is the difference between a granny flat and an in-law suite in Florida?
In Florida zoning law, there is no legal distinction — both terms describe an Accessory Dwelling Unit (ADU). The practical difference is construction type: "in-law suite" often implies an interior conversion (converted bedroom or basement with added kitchen), while "granny flat" usually implies a detached or attached separate structure. Both require permits and must meet ADU zoning standards. An in-law suite that shares an entrance with the primary home and has no separate kitchen is typically not classified as an ADU.
Are granny pods legal in Florida?
Granny pods (also called MEDCottages or portable accessory dwelling units) are small prefabricated units placed in a backyard. In Florida, a granny pod is regulated the same as any other ADU — it must comply with local ADU zoning rules, meet Florida Building Code standards for a permanent structure, and receive a building permit with a Certificate of Occupancy. Many Florida municipalities require ADUs to be permanently anchored to a foundation, which eliminates purely "portable" pods. If the unit is classified as an RV or manufactured home it faces different requirements (HUD label, hook-up permits). Check with your city's building department before purchasing a granny pod.
What is a prefab ADU and can I use one in Florida?
Prefab ADUs (prefabricated or modular accessory dwelling units) are factory-built structures delivered to your property. Florida allows prefab ADUs — including panelized, modular, and container-based designs — as long as they are built to Florida Building Code (not just HUD/manufactured home code), are site-permitted, and meet your city's ADU zoning standards for setbacks, size, and design. Modular units built under Florida's Modular Building Program (Department of Business and Professional Regulation, DBPR) carry a state seal and can typically be permitted city-by-city without full plan review. Budget $80,000–$200,000 for a turnkey prefab ADU installed in Florida including permits, foundation, and utility connections.
Granny Flat Guides by Florida City
Check If Your Property Qualifies
Enter your Florida address for a free zoning eligibility check — see which ADU types are permitted, setback requirements, and local rules for your specific parcel.
Also see: Florida ADU Laws 2025 · Cost to Build an ADU · Airbnb ADU Rules by City