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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

ADU term
Called a 'carriage house' in Roswell
Occupancy rule
Owner must live in house or ADU
Verification
Notarized affidavit filed with city
Absence waiver
Up to 1 year after 2 years' use
On sale
New owner must refile affidavit

Summary

Roswell's UDC requires the owner of a detached house to personally occupy either the main house or its carriage house accessory dwelling unit, verified by a notarized affidavit on file with the city.

6.The property owner...must occupy either the principal unit or the accessory apartment as their permanent residence, but not both, and at no time receive rent for the owner-occupied unit. The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the main building or the accessory apartment...Upon sale of the property, a new owner shall be required to sign a new affidavit affirming owner occupancy.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 17 | Unified Development Code: Supplement 5).

Full Breakdown

Roswell's carriage house, the city's term for an accessory dwelling unit, is a small, self-contained unit on the same lot as a detached house. To keep one, the property owner (including contract purchasers) must personally occupy either the main house or the carriage house as a permanent residence, never both, and cannot collect rent on the unit they live in themselves. Compliance is enforced through a notarized affidavit filed with the city; owners get a waiver for absences under one year once the carriage house has been in lawful use for at least two years, and any new owner must file a fresh affidavit at sale.

Violations & Fines

Renting out both the main house and the carriage house, or failing to sign and refile the notarized owner-occupancy affidavit at sale, violates UDC Sec. 9.7.2(B)(6) and jeopardizes the carriage house's permitted status.

Frequently Asked Questions

Can I rent out both my house and carriage house in Roswell, Georgia?
No. UDC Sec. 9.7.2(B)(6) requires the owner to occupy either the main house or the carriage house as a permanent residence; both cannot be rented out.
What happens to the affidavit when I sell the property?
The new owner must sign a new notarized owner-occupancy affidavit affirming they occupy the house or carriage house, per UDC Sec. 9.7.2(B)(6).

Sources & Official References

Other rules in Roswell

Parking Rules: Street Parking LimitsSome RestrictionsNoise Ordinances: Construction HoursSome RestrictionsADU RulesSome RestrictionsShed & Carport RulesSome RestrictionsAnimal Ordinances: Cat RulesLight RestrictionsAnimal Ordinances: Exotic PetsSome RestrictionsFire Regulations: Smoke DetectorsSome RestrictionsLandscaping Rules: Tree Removal & Heritage TreesSignificant Restrictions

All Roswell rules

Compare Roswell to another location·View the Georgia accessory structures overview

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