Atlanta, GA Accessory Structures: ADU Owner Occupancy (2026)

Atlanta's 2017 ADU ordinance includes an owner-occupancy requirement codified at Code §16-29: the property owner must occupy either the principal dwelling or the ADU as their primary residence. This requirement distinguishes Atlanta from California and Oregon, which have largely eliminated owner-occupancy mandates by state law. Documentation typically required: (1) a homestead exemption application on file with the Fulton County Tax Assessor; (2) a notarized affidavit of owner occupancy filed with the building permit application; (3) recordation of a deed restriction or covenant on the parcel before the certificate of occupancy is issued. The owner-occupancy requirement applies regardless of whether the ADU is rented to a relative, tenant, or used as a home office. If the owner ceases to occupy either unit (e.g., moves out and rents both), the ADU loses its legal status as an ADU and the property may be subject to enforcement action. The owner-occupancy requirement does not preclude renting one unit to a non-owner — it simply requires that one of the two units be the owner's primary home.