Can I Build an ADU or In-Law Suite in Virginia Beach?

By Barry Jenkins (Legacy Home Team @ LPT Realty) · Last updated October 2026 · Home Buyer Tips for Buying

Usually not a detached one. Virginia Beach allows a detached accessory dwelling unit (ADU) only in the R-40 district, capped at one bedroom and 800 square feet, and it can't be rented. Most single-family homes can instead add a permitted "flex suite" inside the house. Virginia's new ADU law starts July 1, 2027, but may not apply here.

Key facts

Detached ADU: The city calls it a "limited use accessory dwelling unit." It's allowed only in the R-40 Residential District, with one bedroom and 800 square feet at most (Zoning Ordinance § 111 and § 501).
Who can live there: Only immediate family members of the owners who live in the main house, or an on-premise employee. It shall not be rented or leased.
Attached option: A flex suite with its own kitchen and bathroom is allowed by permit inside single-family homes in the R-40 through R-5S districts (§ 507).
Flex suite size: Up to 500 square feet or 30% of the rest of the house, whichever is greater. No separate meters or utility connections.
No short stays: A flex suite, and the house it's in, can't be used for stays under 90 consecutive days.
State law: Virginia's ADU statute, Va. Code § 15.2-2292.4 (2026 SB 531), takes effect July 1, 2027. It exempts localities that adopted an ADU ordinance before January 1, 2026.
Zoning questions: Virginia Beach Zoning Administration, 757-385-8074, Building 3, 2403 Courthouse Drive.

What counts as an ADU in Virginia Beach?

Virginia Beach's zoning code doesn't have one "ADU" category. It splits the idea in two:

Type	Where it's allowed	Size limit	Can it be rented?
Limited use accessory dwelling unit (detached)	R-40 only	1 bedroom, 800 sq ft, and it counts toward the lot's accessory-structure limit	No
Flex suite (inside the house)	R-40, R-30, R-20, R-15, R-10, R-7.5, R-5D, R-5R, R-5S	500 sq ft or 30% of the rest of the house, whichever is greater	Not for stays under 90 days
Guest house (detached, R-40)	R-40 only	500 sq ft, no kitchen	No

If you've heard the term "in-law suite," that's closest to what the city calls a flex suite. Flex suites aren't allowed in the R-2.5 townhouse district.

How do the R-40 detached ADU rules work?

R-40 is the city's largest-lot single-family district. The minimum lot size is 40,000 square feet, with at least 24,000 square feet outside water, marsh or wetlands, and a minimum width of 125 feet. Accessory buildings in R-40 can't be taller than the house and can't exceed 30% of the house's floor area, and the ADU's floor area counts toward that limit. So a 2,000-square-foot house leaves room for about 600 square feet of accessory buildings in total.

Occupancy is the bigger limit. Under § 111, only "immediate family" of a family member living in the main house (a child, grandchild, grandparent, parent or spouse) or an on-premise employee can live in the unit. The owners must live in the main house. Because the unit can't be rented, a detached ADU in Virginia Beach is a space for your own household's use, not an income property.

Setbacks still apply. In R-40, accessory structures need a 20-foot side yard and a 20-foot rear yard, and total lot coverage is capped at 25%.

How does a flex suite work?

A flex suite is the realistic path for most homeowners. Under § 507:

One per lot, inside a single-family home, with direct interior access to the main living area.
Shared utilities. It can't be metered separately for water or electricity or connected separately to public water or sewer.
Occupancy rule. The home must meet one of three conditions: the owner of record lives there, the home is occupied by a "family" as the code defines it, or at least one person in the suite or home is 62 or older or has a disability.
No transient use. No stays under 90 consecutive days.
Permit. Apply to the Department of Planning with a deed or current tax bill and a signed occupancy statement. Permits last two years and can be renewed.

You'll also need building permits and inspections for the construction itself. Zoning approval and building code approval are separate steps.

Can I use an ADU or flex suite as an Airbnb?

No. The detached ADU can't be rented at all, and the flex suite rule bars stays under 90 days. Short-term rentals in Virginia Beach are a separate system. They're generally limited to the Sandbridge Special Service District, the Oceanfront Resort STR Overlay District and grandfathered properties. See my guide to short-term rental rules in Virginia Beach.

Two related uses are allowed in the residential districts. Renting rooms or the whole home for 30 consecutive days or more is an accessory use, and "home sharing" (renting rooms in your own principal residence while you're there) is permitted if it meets the city's requirements.

What does Virginia's new ADU law change?

Virginia passed SB 531 in 2026 (Acts of Assembly Chapter 895). Starting July 1, 2027, Va. Code § 15.2-2292.4 says single-family zoning districts are deemed to allow ADUs as a permitted accessory use. Under the statute:

Localities may require an ADU permit (fee capped at $500), leases of 30 days or more, dedicated parking, owner occupancy of either the ADU or the main home at the time of application, a location within 500 feet of the main home, and compliance with building, flood zone, stormwater and AICUZ rules.
Localities may not require a family relationship between the ADU and main-home occupants, setbacks stricter than those for the house or accessory structures, or a restrictive covenant.
Size limits can't be set below 350 square feet on lots under 2,500 square feet, or below 500 square feet on larger lots.

There's an important catch. Subsection I says the law doesn't apply to "a locality that adopted an ADU ordinance prior to January 1, 2026." Virginia Beach already had its limited-use ADU rule before then. Whether a rule this narrow counts for the exemption is a legal question, and I haven't seen the city publish a position on it as of October 2026. Don't buy a property counting on 2027 rental rights. Ask Zoning Administration and watch Planning Commission and City Council agendas.

Can my HOA or condo association block an ADU?

Yes. Subsection F of the state law says nothing in it overrides private agreements, recorded declarations and covenants, condo instruments, or property owners' association declarations. Many Virginia Beach subdivisions have HOAs. Read the declaration and architectural guidelines before you pay for plans.

What else can affect an ADU or flex suite?

AICUZ zones. Much of the city sits in noise zones or accident potential zones around NAS Oceana and NALF Fentress. Some uses are restricted there, and the state ADU law keeps AICUZ rules in place. See neighborhoods near NAS Oceana.
Flood zones. New living space in a Special Flood Hazard Area has to meet floodplain rules. Read my flood insurance guide.
Septic. Lots without public sewer may need Health Department review.
Inspections. If you're buying a home that already has a finished suite, ask for permits and the flex suite permit. My post on home inspections in Virginia covers what to check.

What should I do if I'm buying a home for multigenerational living?

Confirm the zoning district for the exact address on the city's zoning map or with Zoning Administration.
Ask whether an existing suite is permitted. An unpermitted kitchen can become a problem with the city, a lender or an insurer.
Read the HOA documents for any limits on additions or second kitchens.
Check AICUZ and flood maps for the lot.
Price the build with a licensed contractor before you count on it. Costs vary a lot by site.

If you're looking at larger lots, my guides to Great Neck, Princess Anne and buying land in Pungo are good starting points. Lot size alone doesn't decide the zoning district, so check each address. Rural agricultural districts follow different rules than R-40.

Ready to find a home with room to grow?

Start with the newest Virginia Beach listings. Then contact me or call or text (757) 919-8874. I'll check the zoning district, any existing suite permits and the HOA rules before you make an offer. Curious what your current home is worth before you move up? See what is my Virginia Beach home worth?

Barry Jenkins, Legacy Home Team at LPT Realty

Sources

Frequently asked questions

Are ADUs legal in Virginia Beach?

Only in narrow cases. A detached limited-use accessory dwelling unit is allowed only in the R-40 Residential District, with one bedroom and no more than 800 square feet, and it can't be rented. Most other single-family districts allow a flex suite, which is an attached unit inside the house.

What is a flex suite in Virginia Beach?

The zoning ordinance defines a flex suite as a living unit with its own kitchen and toilet facilities inside a single-family home, with direct interior access to the main living area. It's allowed by permit in the R-40 through R-5S districts, one per lot.

How big can a flex suite be?

No more than 500 square feet or 30% of the floor area of the rest of the house, whichever is greater. It can't have its own water or electric meter or its own public water or sewer connection.

Can I rent out an ADU in Virginia Beach?

Not a detached limited-use ADU. The definition says it shall not be rented or leased. A flex suite can't be used for stays shorter than 90 consecutive days, so it can't be a short-term rental.

Does Virginia's new ADU law apply to Virginia Beach?

Maybe not. The law takes effect July 1, 2027, but it says it doesn't apply to a locality that adopted an ADU ordinance before January 1, 2026. Virginia Beach already had an ADU rule, so check with Zoning Administration before you plan around the state law.

Can my HOA stop me from adding an ADU?

Yes. Virginia's ADU law says it doesn't override recorded declarations, covenants, condo instruments or property owners' association rules. Read the HOA documents before you design anything.

How do I find out a property's zoning district?

Check the city's online zoning map or call Virginia Beach Zoning Administration at 757-385-8074. Ask about overlays too, such as AICUZ noise zones and flood zones, because they can add requirements.