Birmingham, AL Accessory Structures: ADU Permits (2026)

Alabama has not enacted statewide ADU-by-right legislation comparable to California Government Code §65852.2. As a Dillon Rule state, Birmingham exercises only those zoning powers delegated by the Alabama Legislature under Title 11 Chapter 52 of the Code of Alabama (Municipal Planning and Zoning). The Birmingham Zoning Ordinance — codified as an appendix to the Birmingham General Code and maintained separately on Municode — defines accessory uses and accessory dwellings in its definitions article and permits accessory living quarters in certain Residence (R-1, R-2, R-3, R-4, R-5, R-6, R-7) districts subject to lot-area, setback, and height limits. Most low-density Residence districts allow an accessory structure containing living quarters for family members or domestic employees of the household occupying the principal dwelling; rental of the unit to non-family tenants generally requires higher-density residential zoning (R-5 through R-7) or a use variance from the Birmingham Board of Zoning Adjustment. Building permits are issued by the Birmingham Department of Planning, Engineering and Permits (710 N. 20th Street), which enforces the International Residential Code, National Electrical Code, and International Plumbing/Mechanical Codes adopted by reference in Code Title 1 Chapter 6 and at the state level by the Alabama Building Commission under Code of Alabama Title 41 Chapter 9 Article 4A. Properties within Birmingham's locally designated historic districts (Five Points South, Highland Park, Forest Park-South Avondale, Smithfield, and others) also require Certificate of Appropriateness from the Birmingham Design Review Committee.