Fayette County, GA Accessory Structures: ADU Rental Restrictions (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.
(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?
How big can a guesthouse be in Fayette County?
What happens if I violate the guesthouse rental ban?
Sources & Official References
Other rules in Fayette County
Compare Fayette County to another location·View the Georgia accessory structures overview
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