ADU Rules & Zoning in Melbourne, Florida (2026)

Florida's statewide ADU law (SB-48, 2026) gives most Melbourne homeowners the right to build an Accessory Dwelling Unit — a guest house, in-law suite, or backyard cottage — on their property.

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Quick Summary

• ADUs are permitted in eligible residential zones in Melbourne
• Florida SB-48 (2026) prohibits size limits below 1,000 sq ft for compliant applications
• No owner-occupancy requirement under state law — confirm local rules
• Permits flow through Brevard County Building Department

Key ADU Rules in Melbourne

All rules should be verified with Melbourne / Brevard County planning before committing to design costs.

Size Limits

Florida SB-48 (2026) sets a floor: municipalities cannot impose ADU size limits below 1,000 sq ft for applications that meet standard zoning criteria. Local limits may be lower — confirm with planning.

Setbacks

Setback requirements vary by zoning district. Contact Brevard County planning to confirm your parcel's exact requirements.

Parking

ADU parking requirements vary by zoning district and proximity to transit. Some districts allow parking waivers.

Rental Rules

Florida law restricts municipalities from requiring owner-occupancy as a condition of building or renting an ADU. Short-term rentals (under 30 days) may require a separate license.

SB-48 & Your Rights

Under Florida SB-48 (effective 2026), homeowners in single-family zoned properties have enhanced ADU rights statewide. If a compliant ADU application is denied locally, consult a Florida land-use attorney about state preemption.

How to Get a Permit

1. Verify zoning eligibility with Brevard County Property Appraiser
2. Confirm setbacks and lot coverage with Melbourne planning
3. Hire a Florida-licensed architect or engineer for plans
4. Submit via Brevard County building permit portal
5. Schedule required inspections
6. Receive Certificate of Occupancy

Check Your Address

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Serving homeowners in 32901, 32903, 32904, 32935, 32940 and surrounding Melbourne zip codes.

This guide is for informational purposes. Verify all requirements with Melbourne planning or Brevard County Building Department before making financial commitments. Updated 2026-04-11.