ADU Permits: Albany vs Colonie

Does Albany allow ADUs?

Yes, as of the September 8, 2025 amendment to the USDO (Chapter 375 of the Albany Code), accessory dwelling units are permitted as accessory to a single-unit dwelling. The ADU may not exceed 800 square feet of gross floor area, no more than two dwelling structures may be on a single lot, and the property owner must occupy either the primary or accessory unit as a primary residence with biennial certification. Confirm parcel-specific eligibility with the Department of Buildings and Regulatory Compliance before designing.

What permits do I need to build one?

USDO use approval from the Department of Buildings and Regulatory Compliance verifying ADU eligibility on the parcel; a building permit under 19 NYCRR Part 1219 (which adopts the 2020 IRC for one- and two-family dwellings or the 2020 IBC for larger conversions); separate electrical, plumbing, and mechanical reviews; energy code compliance under 2020 ECCCNYS; and Albany Fire Department review for egress and smoke/CO alarms. Historic district overlays (Center Square, Lark Street, Mansion, Washington Park) may add Historic Resources Commission review.

How long does an ADU permit take in Colonie, NY?

Timelines depend on the approval path. An as-of-right zoning permit may issue within a few weeks of a complete application. Special-use permit applications to the Planning Board require a public hearing with notice under NY Town Law §274-b and may take 60 to 90 days. Area variances to the Zoning Board of Appeals require a §267-a hearing and similar timing. Building permit plan review under 19 NYCRR Part 1219 typically follows; construction must then meet inspection milestones before a Certificate of Occupancy is issued. Contact the Colonie Building Department for current processing times.

What does a Colonie ADU permit cost?

Building permit fees are set by Colonie ordinance and are typically based on construction valuation or square footage. Zoning permit fees are separate. Special-use permit and variance applications carry additional filing fees plus required notice-publication costs under NY Town Law §267-a(7) (variances) and §274-b (special permits). New York does not preempt local permit fees. Contact the Colonie Building Department for the current fee schedule.