What Changed in 2026?
Florida is facing a housing shortage. To fix it, the state legislature passed measures (often referred to as the "Live Local Act" updates) to remove barriers for homeowners who want to build.
Previously, local HOAs and strict city councils could easily block "Granny Flats." Now, the burden of proof has shifted. If your project meets the building code and setbacks, it is much harder for a city to say "No" arbitrarily.
The "Power Struggle": Who Controls What?
State Law
"The Right to Build"
- Allows ADUs in residential zones
- Overrides arbitrary HOA bans
- Streamlines permit timelines
City Rules
"The Details"
- Setbacks: Distance from fence
- Size Caps: Max sq ft (e.g. 800)
- Design: Must match main house
3 "Deal-Killers" to Watch For
Even with new laws, three physical constraints usually kill projects. Check these before you spend money on plans.
- Septic Systems: If you are on septic, you need space for a larger tank or drain field. This is the #1 hidden cost in Florida.
- Impervious Surface Ratio (ISR): You can only cover a certain % of your land (usually 40-50%) with concrete/roof. If you have a huge pool and patio, you might be maxed out.
- Short-Term Rentals: While you can build an ADU, some cities (like Clearwater or parts of Miami) still ban renting them out for less than 30 days.
Does My City Allow It?
Because every municipality has a different "Overlay," you can't rely on state law alone. You need to check your specific address against your local zoning map.