A recently signed bill will ease the process for homeowners seeking to create additional living units on their properties. The new law, which becomes effective June 1, 2017, is designed to increase affordable housing options in New Hampshire, particularly for the elderly and young adult children just starting to build their financial independence.

Under the new law, towns and cities are required to allow owners of single family homes to create at least one secondary living unit within, or attached to, the current structure of the home.  Referred to as Accessory Dwellings, such units are defined as “a residential living unit that is within or attached to the primary home, or located on the same piece of land as the primary home, with provisions for sleeping, eating, cooking and sanitation”. The law does not require municipalities to approve construction or conversion of a living unit which is detached from the primary home.

“The intended purpose is to create more affordable housing. There is a growing need for this, especially in instances where people require of a level of care, assistance or supervision” reports Bill Weaver, Executive Director of the Laconia Housing Authority. New Hampshire lawmakers believe such accessory dwellings provide positive independent living arrangements for aging parents, disabled family members, caregivers and single parents, as well as young adult children.

Towns and cities may place restrictions on new living units. The dwelling must have adequate provisions for water supply and sewage disposal. Municipalities may establish minimum and maximum sizes for the new units, and may require owner-occupancy of either the primary home or accessory dwelling. Towns and cities are not required to allow more than one accessory dwelling per property and they may require owners to petition for a special exception prior to beginning construction.

Professional legal counsel is often beneficial prior to seeking approval of construction projects from local zoning or planning boards. Attorney Rod Dyer has decades of legal experience in land use matters and welcomes the opportunity to assist you.