Brookhaven's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Brookhaven, Georgia, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Carport Rules

Brookhaven treats carports as residential accessory structures under Chapter 27 (Zoning). They are limited to one story and a maximum of 16 feet in height, must be located in the rear or side yard (rear-loading detached garages and most accessory structures must sit entirely behind the principal building), and must observe a minimum 5-foot rear-property-line setback (excluding eave). A building permit through the City Project Portal is required.

Key details: Governing Code: Ch. 27 Zoning (accessory structures). Max Height: 16 feet, one story. Rear Setback: 5 feet (excluding eave). Allowed Location: Rear or side yard only. Front Yard: Detached carports prohibited.

Building a carport without a permit, placing it in a front yard, exceeding the 16-foot height limit, encroaching into the 5-foot rear setback, or pushing a lot over its coverage cap is a Chapter 27 violation enforced by Code Enforcement (404-637-0500). Remedies range from after-the-fact permitting to removal orders and daily fines.

Garage Conversions

Garage conversions to living space in Brookhaven require a building permit and must comply with Ch. 7 building standards and Ch. 27 zoning. ADU rules apply if creating a separate unit. IRC standards for insulation, egress, HVAC, and electrical must be met. Apply at brookhavenga.gov.

Key details: Permit Required: Yes — building permit. Code Compliance: IRC standards required. ADU Rules Apply: If creating separate unit. Parking: Required spaces must be addressed. Contact: permits@brookhavenga.gov; 404-637-0500.

Unpermitted conversion: $500 to $2,000. May require restoration to garage or retroactive permitting.

ADU Rules

ADUs in Brookhaven are permitted in residential zones under the Zoning Ordinance (Ch. 27). Typical ADU standards in greater Atlanta area: max ~750 sq ft, max 20 feet tall, lot coverage not to exceed 50%. JADUs up to 500 sq ft within existing home are allowed. Permits required — apply at brookhavenga.gov.

Key details: Governing Code: Ch. 27 Zoning Ordinance. Max ADU Size: ~750 sq ft. Max ADU Height: 20 feet. Max Lot Coverage: 50% combined (main + ADU). JADU Option: Up to 500 sq ft within existing home.

Unpermitted ADU: $500 to $2,000. May require demolition or retroactive permitting. Zoning violation: $250/day.

Shed Rules

Accessory structures including sheds in Brookhaven are regulated under the Zoning Ordinance (Ch. 27) and Building Code (Ch. 7). Sheds must meet setback requirements, be placed in rear or side yards, and not exceed coverage limits. Permits required for sheds over 144 sq ft — apply at brookhavenga.gov.

Key details: Governing Code: Ch. 27 (Zoning); Ch. 7 (Building). Location: Rear or side yard. Typical Setback: 5 feet from property lines. Permit Threshold: Generally required over 144 sq ft. Apply At: brookhavenga.gov Project Portal.

Building without permit: $200 to $500. Setback violation: forced relocation or removal. HOA fines separate.

The Bottom Line

Brookhaven's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Brookhaven is broadly strict or permissive.

These rules come from Brookhaven's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.