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HB 2186

An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for accessory dwelling units.

2025-2026 Regular Session Introduced by Johanny Cepeda-Freytiz and 24 co-sponsors

HB 2186 creates a by-right, streamlined ADU framework in PA, allowing accessory units with limited, uniform size/placement rules and non-discretionary permitting.

Referred to Urban Affairs & Housing
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WeVote Research Nonpartisan
Bill Summary · HB 2186

Summary of HB 2186 (2025-2026) – Pennsylvania

Purpose and scope
- HB 2186 proposes to create Chapter 63 in Title 53 (Municipalities Generally) to establish a standardized framework for accessory dwelling units (ADUs) across Pennsylvania municipalities that currently permit single-family detached residential uses.
- The bill aims to facilitate the development of ADUs by designating them as a permitted use by right, subject to reasonable, clearly defined limitations, and to streamline permitting and reduce discretionary review.

Key provisions and changes

  1. Definitions
  2. Accessory dwelling unit (ADU): A residential living unit on the same parcel as a single-family detached dwelling, providing complete independent living facilities (living, sleeping, eating, cooking, sanitation). ADUs may be attached, part of an accessory structure (including a detached garage), or not part of an expanded or remodeled dwelling.

  3. Other terms: “Dwelling unit,” “Municipality,” “Recreational vehicle,” and “Single-family detached dwelling unit” are defined for consistency with existing codes.

  4. Permitted use by right

  5. ADUs shall be a permitted use by right in municipalities that allow a single-family detached dwelling as a permitted use, with the caveat that permissions cannot override existing deed restrictions, covenants, or documents applicable to planned communities.

  6. Adoption of ordinance

  7. Municipalities must adopt an ordinance permitting at least one ADU for each single-family detached dwelling, subject to reasonable regulations that are the least restrictive means to achieve the goal.

  8. Application process

  9. Applications for ADUs are to be considered and approved without discretionary review or hearing.

  10. Timelines: ADU permits must be approved or denied within 30 days of complete application; 60 days if additional review is required.

  11. If an ADU permit is filed concurrently with a permit for a new single-family dwelling on the same lot, processing can be delayed until the single-family permit is decided.

  12. If no decision is issued within the deadline, the application is deemed approved.

  13. Fee: Municipalities may charge a total processing fee not to exceed $250.

  14. Renewal: ADU permits do not require renewal.

  15. ADU design, size, and placement restrictions

  16. ADUs may be attached/detached or located within an existing or new structure on the same lot.

  17. Restrictions include:

    • Minimum and maximum size: Minimum net floor area cannot exceed 150 (or 200 in amended text) square feet; maximum net floor area generally not less than 50% of the single-family dwelling’s net floor area, or 1,250 square feet (or 850 square feet, as applicable), or the entire floor plate of basement/attic, whichever is less.
    • Height: No less than 25 feet or the height of the primary dwelling, whichever is less.
    • Building coverage: No less than 600 (or 200) square feet as a minimum sometimes shown in draft; specifics depend on enacted version.
    • Stormwater/water quality: Must be similar to requirements for the primary dwelling on the lot.
    • Setbacks: No setback required for existing living areas or conversions; new ADUs may have up to a 4-foot setback from side/rear lines.
    • Material/design: Zoning ordinances cannot impose more restrictive building material, design, or color requirements on ADUs than those applied to the primary dwelling.
    • Access and connections: No mandatory passageway required between ADU and the primary unit, except as required by building/fire codes; no new or separate utility connection required or connection fees imposed unless a new single-family unit on the same lot is involved.
    • Occupancy: No requirement for owner-occupancy of either the primary dwelling or the ADU; no requirement for familial relationship between occupants.
    • Rental and conveyance: ADUs may be rented separately from the primary dwelling; however, the ADU itself may not be sold separately from the primary dwelling.
    • Parking: No additional off-street parking required; demolition or conversion of existing parking structures used for the ADU should not trigger replacement requirements.

  18. Conformity

  19. ADUs that conform to these rules are considered as permissible accessory uses and compatible with the existing density and zoning plans for the lot.

  20. Effective date

  21. The act would take effect 60 days after enactment.

Affected parties
- Homeowners and property owners in municipalities that currently allow single-family detached units.
- Municipalities: must adopt the enabling ordinance and implement the timelines and limits.
- Real estate developers and planners: ADU development becomes a more predictable, streamlined process.

Notes
- The bill emphasizes minimizing discretionary review, reducing permitting timelines, and expanding housing options by enabling more ADUs while preserving key regulatory safeguards (e.g., size, setbacks, and compliance with existing covenants).

Compiled from official sources — confirm details with the bill’s official record.

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