ADU type · In-law wing or lower level

In-law suites, wings and lower-level apartments

Room for a parent, a grown child or a caregiver, close enough to share dinner and separate enough to close a door. Whether it's a new wing off the back or a finished lower level, the legal line and the separation between units shape the plan.

Updated

STREETMAIN HOUSE2,400 SF GFA22′32′ADUN02040 FTSITE STUDYAttached in-law wingADU700 SF · 1 BEDROOMMAIN HOUSE2,400 SF GFABY-RIGHT CAP900 SFSTATUSWITHIN CAPLOT120′ × 200′ (ILLUSTRATIVE)PROPERTY LINESETBACK (SET BY YOUR DISTRICT)CONCEPT · NOT FOR CONSTRUCTION
Site study · conceptA rear wing built as an ADU on an illustrative lot. Try your own size and town in the planner below.
ADU test
Own kitchen, bath, sleeping and entrance
Separation
1-hour walls and floors (1/2-hour sprinklered)
Basement ceilings
At least 6 ft 8 in for habitable space

The difference is the kitchen and the door. An ADU is a self-contained unit with its own sleeping, cooking and sanitary facilities and its own entrance, directly outside or through a shared hall that meets building-code egress. A bedroom suite with its own bath and sitting room but no kitchen is part of the house: no second unit, no separation assemblies, just an addition.

If you want the real thing, the 2025 law protects it. A town can't require owner occupancy, can't limit who lives there by family relationship or age, and can't require a special permit for one ADU. Older family-only bylaws, like Peabody's Family Accessory Living Area and Danvers' Extended Family Living Area rules, can't be applied where they conflict.

The attached wing

On a New England house the natural form is an ell: a lower wing off the back or side, with its own roof and its own door, the way farmhouses grew. It keeps the front of the house intact and gives the in-law unit a garden of its own. Some bylaws write that in: Wenham wants an attached ADU to keep the look of a single dwelling, Hamilton matches roof pitch and materials with any new entrance on the side or rear, and Lynnfield puts new entrances on the side or rear.

An attached unit makes the building a two-family under the Residential Code. The units are separated by 1-hour fire-rated wall and floor assemblies, or 1/2-hour if the building is fully sprinklered. Walls run from the foundation to the underside of the roof sheathing, tight to the exterior walls, and whatever supports a rated floor carries an equal rating. That's why the tie-in between the old house and the new wing gets drawn in detail.

Shared or separate systems

Heat, hot water, electric service and the sewer or septic can be shared or separate. A town can't require separate water, sewer or electric connections for a protected ADU, though the utility or a state board still can, and Swampscott and Nahant actually require shared service. Separate systems give each household its own thermostat and its own bill; shared systems cost less to install.

Alarms follow the two-family rules. In an unsprinklered building, each unit needs interconnected detectors on the stair side of any door to a shared stairway, and a shared basement needs its own interconnected detection.

The lower-level apartment

A basement can be a very good in-law unit, if it can meet three things. Ceilings: habitable basement space needs at least 6 ft 8 in. Escape: every room that becomes a bedroom needs an emergency escape opening, which below grade usually means a window well. Water: no finish survives a wet foundation, so drainage and moisture come before drywall.

Two rules work in your favor. A basement with code ceiling height already counts toward the main house's gross floor area, which can raise your ADU size cap. And under the Stretch code, bringing existing basement space into conditioned area without changing the footprint or roofline doesn't trigger a HERS rating. If the house is already a two-family, though, adding a third unit is a change of occupancy under the Commercial and Existing Building Codes, a much bigger job.

Planning for a parent

Single-level living is the brief more often than not: a step-free entry, wide doors, a curbless shower, a bedroom close to the bath, light from two sides. None of it costs much when it's drawn in from the start, and all of it is expensive to add later. On septic, each new bedroom counts at 110 gallons per day and the house and unit are counted separately, so we check the system before we size the plan.

How we build one

We walk the house, find where a wing or a lower level fits, model it in 3D against the existing rooflines, and price it line by line with allowances called out. Our current work includes a basement converted to an apartment in Gloucester. Permits are pulled by us; the schedule, daily photos and selections live in your private portal.

Rules reviewed September 30, 2026. Local bylaws vary; check with the town. Back to the North Shore ADU guide.

ADU planner

Size a wing against your house.

Type
700 sq ft
Bedrooms
Exterior
Roof

Every story with code ceiling height, basement included; not the garage, attic or enclosed porches.

Sets the septic and energy-code notes.

By-right size check

700 / 900 sq ft

Within the by-right cap

Min(900, 50% × 2,400) = 900 sq ft

  • Size

    Within the by-right cap

    The cap is half the main house's gross floor area or 900 sq ft, whichever is smaller. Half of 2,400 sq ft is 1,200, so the 900 sq ft ceiling applies. Towns may allow larger ADUs; EOHLC's position is that they can't set a cap below 900.

    M.G.L. c.40A §1A (ADU definition)
  • Building code

    The house becomes a two-family

    A complete unit attached to the house makes it a two-family under the Residential Code. The units are separated by 1-hour fire-rated wall and floor assemblies (1/2-hour if the whole building is sprinklered), and whatever supports a rated floor carries an equal rating.

    DOL/OPSI ADU building-code overview (780 CMR 10th ed.)
  • Bedrooms

    1 new bedroom, 1 escape window

    Each room that becomes a bedroom needs an emergency escape opening: in Massachusetts, 3.3 sq ft net clear and at least 20 in by 24 in for a double-hung. Photoelectric smoke and CO alarms go in the new unit.

    780 CMR 10th ed. Residential Chapter 3 amendments
  • Septic

    Sewer or septic?

    Choose a town to see whether it's sewered. On septic: 1 bedroom adds 110 gallons per day of design flow, which makes it New Construction under Title 5, shared system or not. The minimum tank is 1,500 gallons; a shared system needs a two-compartment tank or two tanks in series; tight tanks aren't allowed; and the system is inspected before the work.

    MassDEP Title 5 guidance for ADUs
  • Energy code

    Base, Stretch or Specialized?

    Choose a town. Every Massachusetts town is on one of three energy codes, and the ADU's HERS target depends on which.

    DOER energy code adoption by municipality
  • Parking

    One space at most

    A town can require at most one extra space, and none if any part of the lot is within half a mile of a commuter rail, subway, ferry or bus station with year-round service.

    760 CMR 71.00, Protected Use ADUs

Attached in-law wing · 700 sq ft · 1 bedroom · cedar shingle · gable roof · main house 2,400 sq ft GFA · within by-right cap (900)

Rules last reviewed September 30, 2026. EOHLC has proposed revisions to 760 CMR 71, open for public comment through 11:59 p.m. October 9, 2026; they are not in effect. Not legal advice; every lot is different, so check with the town.

Questions

In-law suites: common questions.

What makes an in-law apartment legal in Massachusetts?

To be a protected ADU it needs its own sleeping, cooking and sanitary facilities, its own entrance, a size no larger than half the main house's gross floor area or 900 sq ft (whichever is smaller), a building permit and full code compliance. One per lot is allowed by right.

Can a town limit an in-law apartment to family members?

Not for a protected ADU. A town can't restrict who lives in an ADU by family relationship, age, income or student status, and it can't require the owner to live on the property.

Will an in-law apartment make my house a two-family?

For the building code, yes, if the unit is a complete dwelling unit inside or attached to the house. That brings 1-hour fire-rated separation between the units (1/2-hour if the building is sprinklered). For zoning, the lot keeps its single-family status with a protected ADU.

Can a basement be an in-law apartment?

Yes, if it can meet code: at least 6 ft 8 in of ceiling height for habitable space, an emergency escape opening for each new bedroom, separation from the rest of the house, and a dry foundation. On septic, any new bedroom also has to fit Title 5.

Is an in-law suite without a kitchen an ADU?

No. Without its own cooking facilities it isn't a separate dwelling unit. It's a bedroom suite, built as an addition or renovation, with no unit separation required.

Walk the lot with us.

We'll look at where it can go, what the septic or sewer can take, and what the town will ask for, then design it in 3D before anything is priced.