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Accessory dwelling units · Miami-Dade County
Miami-Dade has allowed accessory dwelling units since Ordinance 22-146 in November 2022 -- months before the state's own 2023 ADU statute existed. Here is what the county's own rules actually require, and what the repeated failed state mandate bills did not change.
ADUs in Miami-Dade
Unincorporated Miami-Dade has allowed accessory dwelling units since Ordinance 22-146 created Code Sec. 33-22 on November 1, 2022 -- about eight months before Florida Statute 163.31771 (the 2023 Live Local Act) gave every local government the option to do the same statewide. Because Miami-Dade's ordinance was adopted first, under the county's own zoning power, it does not carry the state statute's affordable-rent affidavit requirement. And despite repeated attempts, Florida still has no statewide law forcing any city or county to allow an ADU -- the most recent mandate bill, SB 48, passed the Senate 38-0 in the 2026 session but stalled in the House.
Miami-Dade allows one accessory unit, attached or detached, on a lot that already has a principal single-family dwelling.
Sec. 33-22 was adopted under the county's home-rule zoning power in 2022, not under the later state statute.
That requirement belongs to Fla. Stat. 163.31771's own adoption pathway; Miami-Dade's 2022 ordinance predates and does not use it.
SB 184 (2025) and SB 48 (2026) both failed to turn the state's permissive statute into a mandate.
Why the dates matter
Confusing these two layers is the most common mistake homeowners make when researching ADU rules. The state layer is Florida Statute 163.31771, created by the 2023 Live Local Act (Senate Bill 102, effective July 1, 2023). It is permissive, not mandatory: it lets -- but does not require -- a Florida city or county to adopt an ordinance allowing ADUs in single-family zones, and any ordinance adopted "under this section" must require an affidavit that the unit will be rented at an affordable rate to a qualifying income tier.
The county layer is Miami-Dade Code Sec. 33-22, created by Ordinance 22-146 on November 1, 2022 -- months before 163.31771 existed. It was adopted under Miami-Dade's own zoning authority, with its own eligibility rules, and it does not reference or require the state statute's affordable-rent affidavit. An ADU permitted under Sec. 33-22 is not automatically an "affordable housing" unit, and the owner is not required to attest to a tenant's income.
The real rules
The ordinance applies only inside unincorporated Miami-Dade, in zoning districts AU, EU and RU (plus GU parcels trending to one of those), and only inside the Urban Development Boundary. The lot needs a minimum of 7,500 square feet, and in RU-1 districts the accessory unit itself runs 400 to 800 square feet. Only one accessory unit is allowed per lot with an existing principal single-family dwelling, it can be attached or detached, and it must be a similar scale and height to the principal dwelling -- if detached, it cannot sit closer to the front lot line than the main house. One additional parking space is required per unit, and the owner of the principal dwelling must obtain and annually renew a Certificate of Use; giving false information on that application is grounds for denial or revocation. Miami-Dade's own ADU page also makes clear an ADU cannot be rented out separately as a standalone short-term vacation rental -- only as a single unit together with the principal dwelling.
What the failed bills did not change
Several bills have tried to turn the state's permissive statute into a requirement that every Florida city and county allow ADUs. Senate Bill 184 failed in the 2025 session. Senate Bill 48 came closer in 2026 -- it passed the Florida Senate 38-0 -- but stalled in the House on the final day of session over disagreements on regulating the short-term rentals an ADU mandate would create. Neither bill became law, and no statewide ADU mandate exists as of this writing. That means ADU rules are still set locality by locality: what Sec. 33-22 allows in unincorporated Miami-Dade does not automatically apply inside an incorporated city, or in Broward or Palm Beach County, each of which sets its own rules under the same permissive state statute.
Interactive checklist
Check off what you already know about your lot. What is left unchecked is worth confirming with Miami-Dade before you design anything.
Our process
Elbaz Construction holds Florida license CBC1265280, a certified building contractor license, and builds ADU and garage conversion projects across Miami-Dade, Broward and Palm Beach -- from a detached studio ADU built to Sec. 33-22's scale, setback and parking rules, to a garage conversion that needs the same Certificate of Use. We confirm zoning eligibility, lot size and unit-size limits against the current ordinance before any plans are drawn, since the rules differ by municipality and can change with each legislative session.
Tell us about your lot and we will confirm what Sec. 33-22, or your city's own ordinance, actually allows before you plan an ADU.
Completed accessory dwelling unit photography
These are certified photographs of a completed Elbaz Construction studio accessory dwelling unit, built to Miami-Dade's scale, setback and code requirements. Tap a photo to enlarge.
Google reviews
Asher was the best choice I have made. We love the outcome of the ADU . They showed up on time and did a great job, were friendly. No issues at all during the whole process. Very organized team . I would recommend them to everyone I know !
Great experience! The team was professional, efficient, and delivered high-quality work on time. They communicated clearly throughout the project and exceeded our expectations. Highly recommend for any construction needs!
If you are planning to remodel your kitchen or bathroom or do any other construction project, call Sean from Elbaz Construction . He has a lot of experience and will recommend the best options/ suggestions to your project. He did high quality job !
Thank you Ashley ! We love the new bathrooms. Good with communication and very clear with explanations . I will definitely use them again in the future
Asher has a lot of experience . We replaced our windows to energy efficient windows. He got down to business right away and did high quality work. His team is very professional! Thanks again
I give them a five star rating not only for their excellent roofing skills and timelines, but also for their competitive pricing and the honesty and professionalism of the team !! We are very pleased with the outcome
Genuine Google reviews of Elbaz Construction, reproduced as written. They describe general work with us, not the specific topic of this article. Read all reviews on Google.
Questions
Rules vary by address and scope. For your property, call 754-236-0675.
No. That affidavit requirement belongs to Florida Statute 163.31771's own adoption pathway. Miami-Dade's Sec. 33-22 was adopted in November 2022, about eight months before that statute existed, under the county's own zoning authority, and does not require it.
One. Sec. 33-22 allows one accessory unit, attached or detached, on a lot that already has a principal single-family dwelling.
Not on its own. Miami-Dade's ADU rules do not allow the accessory unit to be rented separately as a standalone vacation rental; it can only be rented together with the principal dwelling as a single unit.
No. Senate Bill 184 (2025) and Senate Bill 48 (2026) both tried to mandate ADUs statewide; SB 48 passed the Senate 38-0 but stalled in the House. ADU rules remain set locality by locality under the permissive Fla. Stat. 163.31771.
Sec. 33-22 sets a 7,500 square foot minimum lot size, with the accessory unit itself running 400 to 800 square feet in RU-1 districts.
Your details are with the Elbaz Construction team and we will come back to you, usually the same or next working day. If it is urgent, call (754) 236-0675.
Keep reading
ServiceADU & garage conversionsHow Elbaz designs and builds accessory dwelling units across South Florida.GuideADU permitting & zoningThe permitting path for an accessory dwelling unit, lot by lot.GuidePermit guide: three countiesWhich parts of a remodel or new accessory unit need a permit in each county.Sources
General information about Miami-Dade County and Florida accessory dwelling unit law as of November 2026, not legal advice. Confirm zoning, lot eligibility and permitting requirements with Miami-Dade County before planning a project; rules differ in incorporated cities and other counties.
Planning an accessory dwelling unit?
We build ADUs and garage conversions across Miami-Dade, Broward and Palm Beach, and confirm zoning and permitting eligibility before any plans are drawn.
