Framingham, MA Accessory Structures: ADU Owner Occupancy (2026)

Framingham limits ADU eligibility to owners who occupy the property themselves. Section 435-12C(2) restricts special permit applicants to an owner of a lawful, owner-occupied single-family dwelling on a conforming or pre-existing nonconforming lot, and § 435-12C(4)(a) repeats the requirement as an ongoing standard: the owner must occupy at least one of the dwelling units, either the principal house or the ADU, as their primary residence. Before the Building Commissioner will issue a building permit to construct the ADU, the owner must file a sworn affidavit confirming that primary-residence occupancy.

The requirement follows the property through a sale. Under § 435-12C(5)(b), when ownership changes, the new owner has 30 days to notify both the Building Commissioner and the Zoning Board of Appeals, which then reviews the property for continued compliance with the special permit and all applicable codes, and the new owner must submit a fresh affidavit within that same 30-day window promising to occupy one of the units as a primary residence. Property owners more broadly must file a sworn compliance certification every two years, on the first business day of January or upon any ownership transfer, and the Building Commissioner can inspect the property to confirm continued compliance.

An ADU cannot be held in separate ownership from the principal dwelling, which keeps the owner-occupancy rule from being defeated by splitting title between the two units. If the Building Commissioner discovers the owner-occupancy condition has lapsed, the special permit and building permit can be revoked and removal of the ADU's kitchen facilities ordered.