Often, yes, but it depends on which government regulates your address. As of October 2026, Florida has no statewide rule requiring cities to allow ADUs. The City of Miami, unincorporated Miami-Dade County and each other city set their own lot, size and occupancy rules.
Does Florida law give me a right to build an ADU?
No, as of October 2026. Florida Statutes s. 163.31771 lets a city or county adopt an ordinance allowing ADUs in single-family zones, with an affidavit that the unit will be rented at an affordable rate. It is optional for local governments. In 2026, the Senate passed SB 48, which would have required local governments to allow ADUs, by 38 to 0, but the bill died in the House in March 2026.
What if I am in the City of Miami?
The city uses its Miami 21 zoning code. Published summaries of the 2025 rules describe an ADU allowed on qualifying single-family lots depending on transect zone, capped at 10 percent of lot area and 800 sq ft, never taller than the main house, with rental tied to an owner-occupied, homesteaded main house. We confirm the current text with the city.
What if I am in unincorporated Miami-Dade?
The county ADU page, as of October 2026, requires a single-family lot of at least 7,500 sq ft inside the Urban Development Boundary, in AU, EU or RU zoning. The unit is 400 to 800 sq ft in RU-1 districts. The owner does not have to live on site.
Can my HOA still stop it?
It can limit it. Zoning approval does not cancel recorded covenants. The county even asks for proof that you notified your HOA. Read your declaration before paying for plans.
How do I find out who regulates my lot?
The Miami-Dade Property Appraiser's record for your folio shows the municipality, or "unincorporated." Send us the address and we check it, along with zoning and flood zone.
When does the answer depend on details?
It depends on lot size, zoning district and existing structures. A lot just under 7,500 sq ft in the county, a duplex in the city, or an existing unpermitted building can each change the answer. We check those three things first.
Related
Sources, as of October 2026: Florida Statutes s. 163.31771; Florida Senate, SB 48 (2026) bill history; Miami-Dade County ADU and guesthouse page; Coconut Grove Spotlight, "Miami Eyes ADUs as Housing Solution" (April 2025); published summaries of Miami 21.
Updated October 2026