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Fayette County, GA Accessory Structures: ADU Rental Restrictions (2026)

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

Key Facts

Guesthouses per lot
One guesthouse maximum
Heated area cap
700 sq ft
Rental use
Tenant space prohibited
Governing section
§ 110-79(b), (f)
General penalty
Up to $1,000 fine, 60 days jail
Enforcing agency
Planning and Zoning / Code Enforcement

Summary

Unincorporated Fayette County allows one guesthouse per lot as a residential accessory structure, but county code flatly bars using it as a rental. Section 110-79(f) caps a guesthouse at 700 square feet of heated space and says explicitly it may not become tenant housing.

These county ordinances apply to unincorporated areas of Fayette County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(b)Structure limitations. Construction of a residential accessory structure shall occur concurrently with or after the construction of the principal structure. Residential accessory structures shall not be used as dwelling units or for lodging purposes, except a guesthouse. ... (f)Guesthouses. Only one guesthouse is allowed per individual lot (see also subparagraph w. of section 110-169(2)). Any living area included in a residential accessory structure is a guesthouse. A guesthouse shall not be used as tenant space. A guesthouse shall not exceed 700 square feet of heated and finished floor area.

Full Breakdown

Fayette County Code § 110-79 lets property owners in the A-R district and all residential zoning districts build a guesthouse as one of eighteen permitted residential accessory structures, alongside garages, pool houses and storage buildings. Subsection (b) sets the baseline: 'Residential accessory structures shall not be used as dwelling units or for lodging purposes, except a guesthouse,' which already singles the guesthouse out as the one accessory structure allowed to hold living space. ' That means a homeowner may build and occupy a guesthouse for family, guests or on-site staff, but may not lease it out as a separate rental unit, short-term or long-term.

The section also cross-references § 110-169(2)(w) for conditional-use approval standards on single-family residences with accessory structures. Because a guesthouse combined with another accessory structure on the same lot is counted as a single accessory structure under § 110-79(c), a property owner cannot stack a garage-plus-guesthouse combination to add extra rentable square footage. Planning and Zoning administers this chapter and reviews accessory-structure plans through the standard building permit process before construction begins.

Violations & Fines

Fayette County Code § 1-7 sets the general Code penalty: a person convicted of a Code violation faces a fine up to $1,000.00, up to 60 days in jail, or both, and each day a continuing violation persists is a separate offense. Renting a guesthouse as tenant space is enforced through Code Enforcement and Planning and Zoning; a continuing rental use is subject to injunctive or other equitable relief under § 1-7(e).

Frequently Asked Questions

Can I rent out a guesthouse in unincorporated Fayette County?
No. Fayette County Code § 110-79(f) says a guesthouse 'shall not be used as tenant space,' so leasing it as a separate rental unit violates the zoning code even though the structure itself is a permitted residential accessory use. The guesthouse can house family or guests, but not a paying, unrelated tenant.
How big can a guesthouse be in Fayette County?
Up to 700 square feet of heated and finished floor area under § 110-79(f), and only one guesthouse is allowed per individual lot. If it is combined with another residential accessory structure, the combination still counts as a single accessory structure for the lot's overall structure limit.
What happens if I violate the guesthouse rental ban?
Fayette County Code § 1-7 makes any Code violation punishable by a fine up to $1,000.00, up to 60 days in jail, or both, with each day a violation continues counted as a separate offense. Code Enforcement and Planning and Zoning handle complaints against illegal rentals.

Sources & Official References

Other rules in Fayette County

All Fayette County rules

Compare Fayette County to another location·View the Georgia accessory structures overview

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