Understanding ADU housing laws and regulations in Illinois for 2026
Illinois has no statewide ADU law, and the main attempts to pass one have stalled.
Rep. Kam Buckner's HB4213 died in the House Rules Committee in April 2024, while HB1709 and HB3552 returned to Rules in March 2025. Governor Pritzker's BUILD package failed in the spring 2026 session without a floor vote in either chamber.
That leaves the city or village where your property sits in charge of whether you can build and rent an accessory dwelling unit, as well as how large it can be. The gap between municipalities is wide in 2026: Chicago's expanded ordinance took effect April 1 and opened most of the city to by-right ADUs, while Naperville still prohibits them and Springfield bars detached accessory structures from use as dwellings.
The short answer: Illinois has no statewide ADU law
Your municipality decides. Illinois ADU laws exist only at the local level because the General Assembly has never enacted a statute saying whether, where, or how large an accessory dwelling unit can be. The Illinois Municipal League said so directly in a March 3, 2026 position statement: ADU regulation falls under municipal authority, including height, bulk, setback and parking.
An accessory dwelling unit, or ADU, is a second self-contained home on the same lot as a primary residence. It may be a coach house behind the main building, a basement apartment with its own entrance, a finished attic unit or an attached addition.
Illinois home rule municipalities write their own zoning ordinances, and zoning is where ADU permission lives. The same coach house that Oak Park approves by right in a single-family zone would be illegal in Naperville, which does not permit ADUs, and illegal in Springfield, whose code bars using any portion of a detached garage or accessory building as a dwelling.
For an investor holding property in several Illinois towns, that means checking each address against each town's zoning code separately. The two bills that would change this, HB5626 and SB4071, sat in committee as of October 2026.
Where ADUs stand in Illinois right now
Local control over zoning does not mean you build to whatever code your contractor prefers. Statewide building, energy and plumbing requirements can apply to an ADU even in towns that have never adopted a local building code. Accessibility rules apply only when a project reaches the statutory housing thresholds.
Public Act 103-0510 is the law most often miscited as an Illinois ADU statute, and it is nothing of the kind. The act is SB2368, sponsored by Sen. David Koehler, titled "AN ACT concerning business" and filed under building and residential codes; the Governor approved it August 4, 2023 and it took effect January 1, 2024. From January 1, 2025, it requires any municipality or county that enforces a building code to regulate residential buildings at least as stringently as the baseline residential code and to report its model code edition and amendments to the Capital Development Board (20 ILCS 3105/10.18).
In jurisdictions with no building code, the act sets the default for new residential construction contracts: the Energy Efficient Building Act code, the Illinois Plumbing Code, the National Electric Code, and the current International Residential Code. Its own definition of "building code" excludes zoning ordinances, which is why it says nothing about whether an ADU is allowed. IML puts the same point this way: "Having a municipal or county zoning ordinance is separate from having a municipal or county building code" (IML).
Three other statewide code systems may affect your project:
- Energy: The 2024 IECC as amended by Illinois took effect November 30, 2025 and applies to any new building with a permit application; additions and alterations must conform for the new work only (CDB, July 2026). Local governments cannot set residential energy standards more or less strictly than the state code, except municipalities of 1,000,000 or more (Chicago) and towns that adopted the Stretch Code (71 Ill. Adm. Code 600).
- Plumbing: The Illinois Plumbing Code, 77 Ill. Adm. Code 890, has no ADU-specific section and shows its most recent adopted amendment effective April 24, 2014. It applies to new plumbing and alterations, treats a building changed from one use to another as a new building (Appendix A §1100), and requires each habitable building to connect to a water supply and a sewer or private disposal system (Appendix A §1700). Section 42 of the Plumbing License Law reserves the minimum plumbing code to the State, including against home rule units (P.A. 97-0365).
- Accessibility: The Illinois Accessibility Code, 71 Ill. Adm. Code 400, effective October 23, 2018, applies to public facilities and multi-story housing, defined as 4+ stories with 10+ units; non-multi-story housing with 4+ units in one structure follows HUD's Fair Housing Accessibility Guidelines (410 ILCS 25). A single detached ADU sits below both thresholds.
The Chicago Metropolitan Agency for Planning counts nearly a dozen northeastern Illinois communities that permit ADUs or are considering amendments (CMAP).
Chicago's Additional Dwelling Unit Ordinance
Chicago's ordinance governs eligibility, unit types, owner-occupancy, rental restrictions and address screening. The subsections below explain conversion units and coach houses, the remaining area-specific limits, and how to check a property.
Chicago allows ADUs by right in every multi-unit residential district and in certain business and commercial districts, plus single-family (RS) districts in 34 wards, effective April 1, 2026. The City counts over 320,000 eligible parcels, up from about 116,000 under the pilot. ADUs are still not legal citywide: in RS districts that have not opted in, no conversion-unit permit can be issued, because §17-9-0131 bars them outside an ADU-Allowed Area. Community association declarations can also still block an ADU that zoning would otherwise allow (KSN Law).
City Council approved the original ordinance, SO2020-2850, on December 16, 2020, effective May 1, 2021, for five pilot zones overlapping 21 of the city's 50 wards. The zones and their community areas were:
| Pilot zone | Community areas |
|---|---|
| North | West Ridge, Edgewater, Uptown, Lake View, North Center, Lincoln Square |
| Northwest | Albany Park, Irving Park, Avondale, Hermosa, Logan Square, West Town, Near West Side, East Garfield Park |
| West | East Garfield Park, West Garfield Park, North Lawndale, South Lawndale (Little Village) |
| South | Ashburn, Auburn Gresham, West Lawn, Chicago Lawn, Washington Heights, Roseland, Chatham, Greater Grand Crossing, Englewood, West Englewood, Washington Park, Woodlawn |
| Southeast | South Chicago, East Side, South Deering, Hegewisch |
The City's announcement lists East Garfield Park under both the Northwest and West zones. The South, West and Southeast zones carried two extra restrictions the North and Northwest did not: a cap of two ADU permits per block per year, and owner-occupancy for buildings with three units or fewer.
The pilot built almost entirely on the North Side. Of 215 building permits issued by mid-June 2024, 205 were in the North and Northwest zones, 8 in the South, 2 in the West and none in the Southeast (Block Club). By March 18, 2026, 816 ADUs had been pre-certified, roughly 85% of them on the North or Northwest Side (Block Club).
Expansion came in three ordinances. SO2024-0008918 cleared the Zoning Committee 13-7 on July 15, 2025 and passed Council 46-0 on September 25, 2025, legalizing ADUs by right in all non-single-family residential, business and commercial districts and letting single-family areas opt in. SO2025-0020513, passed December 10, 2025, added RS districts in 28 wards with limits set ward by ward. SO2026-0022453 added sections of the 5th, 31st, 34th and 36th Wards.
Conversion units and coach houses
A conversion unit is a new unit built inside a principal residential building that has lawfully existed for at least 20 years, typically in the basement or attic (DOH). How many you can add depends on the building's existing unit count (City requirements):
| Existing legal units | Conversion units allowed | Coach houses allowed |
|---|---|---|
| 1–4 | One | One |
| 5–7 | Two | One |
| 8–10 | Three | One |
| 11–13 | Four | One |
Conversion units are exempt from minimum lot area per unit and open space provisions and need no accessory parking (§17-9-0131). Where you add two or more, 50% of the new units must stay affordable at 60% of area median income for 30 years, with fractions rounded down (ordinance text).
A coach house is a detached unit at the rear of the lot. Under §17-9-0201-F, it may not exceed 22 feet in building height, must keep at least 3 feet of open space from ground to sky between itself and one side lot line, and must sit at least 15 feet behind the principal building's rear wall (10 feet by administrative adjustment on lots under 125 feet deep). One dwelling unit per coach house. In B and C districts it must sit in the rear 30 feet of the lot. Coach houses are exempt from minimum lot area, open space and floor area ratio rules, need no parking, and may not be built before the principal building.
New coach houses must be built by contractors enrolled in U.S. Department of Labor-approved Registered Apprenticeship Programs; conversion units are exempt from that rule (Block Club).
Owner-occupancy, block caps and rental limits
Owner-occupancy applies only where an ADU-Allowed RS Area imposes it and the principal building is a detached house, and it covers both conversion units and coach houses (City requirements). The operative language in §17-7-0573(2): "Where the principal building on the zoning lot adding a conversion unit or coach house is a detached house, the detached house must be owner-occupied at the time of pre-certification."
The West and South ADU-Allowed Areas go further, as does the Southeast Area. There, a building permit may not be issued for a conversion unit or coach house on a lot with three or fewer established units unless the principal building is owner-occupied at the time of permit application (ordinance text). Those areas also keep their per-block permit limits, while the North and Northwest areas have none (Abundant Housing Illinois).
In single-family districts the block caps run RS-1 one permit per year, RS-2 two, RS-3 three. An administrative adjustment to get around a cap costs $500. Conversion units and coach houses built after May 1, 2021 cannot be used as short-term rentals; the renting section below covers the fines.
How to check whether your address qualifies
Enter the address in the Department of Housing's online ADU application portal, which launched April 1, 2026 and took more than 30 applications in its first 12 hours (City). Pre-certification confirms the lot is in an ADU-Allowed Area and meets the ordinance; it does not guarantee a building permit, which the Department of Buildings issues separately (City).
Keep Chicago Moving, a third-party tracker rather than an official city release, reports that 446 of the applications filed between March 31 and September 14, 2026 (90.1%) were pre-certified at a median of 9.3 days (Keep Chicago Moving).
ADU rules in other Illinois cities and suburbs
Outside Chicago, Evanston, Oak Park and Moline permit ADUs outright, while Urbana reviews them case by case. Naperville prohibits them, Springfield bars detached accessory structures from use as dwellings, and Rockford's use table has no ADU entry. The comparison, drawn from each town's code or official guide, looks like this:
| City | Status | Size cap | Setback | Owner-occupancy | Code section |
|---|---|---|---|---|---|
| Evanston | Permitted in most districts; no variance typically needed | 1,000 sq ft for detached or new-construction; internal or attached may exceed 1,000 sq ft on one level; must be smaller than primary dwelling | Detached: 3 ft from rear or interior side line, 10 ft from principal building | Not required; common ownership required | §6-4-6-10, Ord. 86-O-20 |
| Oak Park | By right in single-family zoning | Ground-floor detached under 1,000 sq ft and/or smaller than the house; 20% lot coverage for accessory structures | 3 ft interior side; 5 ft behind front facade line | Required (house or ADU) | §§2.3 and 9.3, Ord. 22-1_I_011022 |
| Urbana | Conditional use permit through Zoning Board of Appeals | Not verified | Not verified | Not verified | Art. VII-1 (procedure) |
| Naperville | Prohibited as of November 19, 2025 | None; accessory structures 480 sq ft or 25% of required rear yard | 5 ft for detached accessory structures | Not applicable | §6-2-10 (accessory structures) |
| Moline | Permitted in R-2 One-Family Residence District only | 1,000 sq ft and no larger than principal dwelling; 6,500 sq ft minimum lot | Side 5 ft (12 ft total); rear 10 ft; 6 ft from house | Required | Secs. 35-31000–35-31004, Council Bill 3020-2024 |
| Rockford | No ADU entry in use table; unlisted uses prohibited | None; accessory buildings 720 sq ft or 30% of rear setback | Not verified | Not verified | §20-004-G |
| Springfield | Prohibited for detached structures | None; 18 ft accessory height | 3 ft rear; 6 ft from house | Not applicable | §155.068(b)(2) |
Evanston adopted its ordinance September 29, 2020, allows one internal, attached or detached ADU per zoning lot, and caps height at 28 feet or two stories (20 feet for flat or mansard roofs). No additional parking is required, but existing required parking must stay or be replaced (Ordinance 86-O-20; 2026 ADU Guidebook).
Oak Park approves ADUs with no public meeting or commission review outside historic districts (Wednesday Journal). Height is 20 feet or the height of the house, whichever is less, and displaced garage parking must be replaced on-site (Village ADU guide).
Moline adopted its rules May 7, 2024 on a 5-2 vote (Council minutes). Detached units need no separate driveway or curb cut. You must record a covenant with the Rock Island County Recorder before the building permit issues (Moline ordinance). The section numbers come from the ordinance attachment and were not checked against the current codification.
Urbana's planning staff told the News-Gazette in May 2023: "We simply treat them as a second principal structure (i.e. a second house) and require an application for a conditional use permit, which is then reviewed by our Zoning Board of Appeals" (News-Gazette). Several have been approved over nine years. ADU-specific size and setback rules were not located.
Rockford's zoning ordinance, amended through July 1, 2024, lists no ADU, accessory apartment or coach house use. §20-004-G states unlisted uses are expressly prohibited. A July 2025 Platform Rockford piece said ADUs "remain largely absent from local policy conversations" (Platform Rockford).
Naperville's 2022 Land Use Master Plan recommended reviewing codes to accommodate ADUs, but no ordinance followed; a November 19, 2025 council item confirms the City does not permit them. Springfield's §155.068(b)(2) states "in no case shall any portion of a detached garage, accessory building, or structure be used as a dwelling unit or for any business or office use." The retrieved text covers detached structures; interior units are not separately addressed.
Types of ADUs recognized in Illinois
Illinois towns use six or seven labels for what are physically two things: a unit inside the main building, or a separate structure on the same lot. The label your town uses determines which code section governs you.
- Coach house: Chicago's term for a detached unit at the rear of the lot, often above a garage, governed by §17-9-0201-F. Evanston, Oak Park and Moline call the same structure a "detached" ADU, and Oak Park also uses "coach house."
- Conversion unit: Chicago's term for a basement or attic unit inside a principal building at least 20 years old. Evanston calls this an "internal" ADU and limits it to one level; Oak Park lists "basement or attic conversion"; Moline calls it an "interior" ADU and requires a separate entrance.
- Attached ADU: An addition sharing a wall with the house. Evanston, Oak Park and Moline each list it as a distinct type; Northbrook's code uses the label "AADU" (Northbrook).
- Garage conversion: The researched Illinois codes do not treat this as a separate category; a detached garage conversion falls under detached-ADU rules. Oak Park and Moline both require you to replace the displaced parking on-site. Builder Assembly Service reports most existing garage foundations cannot support a second floor (Assembly Service).
- In-law suite: A colloquial name, not a code term. If it has its own kitchen and bath and a separate entrance, it is a conversion, internal or interior unit under the relevant ordinance; Evanston's guidebook allows basement units with their own kitchen and bath.
- Granny pod or granny flat: A small detached unit, sometimes prefabricated. Capitol News Illinois used "granny flats" for the whole category (CNI). Legally it is a coach house in Chicago (22-foot height, 15-foot separation, apprenticeship contractors), a detached ADU in Evanston, Oak Park and Moline, and a prohibited dwelling in Naperville and Springfield.
Wilmette's 2019 handout uses yet another term, "accessory living unit," for all of the above (Wilmette).

How big can an ADU be in Illinois, and when do you need a permit?
The largest explicit ADU allowance in the towns covered here is an internal or attached unit in Evanston, which may exceed 1,000 square feet as long as it stays on one level and smaller than the primary dwelling. Every detached cap found in the research is 1,000 square feet or less: Evanston 1,000, Oak Park under 1,000, Moline 1,000.
Chicago's coach-house size is unsettled. The 2020 pilot ordinance capped coach-house units at 700 square feet (original ordinance). The current codified §17-9-0201-F contains no maximum floor area, and paragraphs 14 and 15 of the section read "Reserved." What does bind you is §17-9-0201-D, which limits all accessory buildings to 60% of the required rear setback; Abundant Housing Illinois says that typically caps a coach house at about 450 square feet on a standard lot (AHI). Confirm the current text with the Department of Buildings before you commit to a floor plan. No conversion-unit minimum or maximum size was found, and a pending ordinance, O2026-0026329, would exempt RS ADU areas from minimum lot area per dwelling unit rules (Councilmatic).
Height limits are tighter than size limits in most towns: 22 feet in Chicago, 20 feet in Oak Park, 20 or 28 feet in Evanston depending on roof type.
In the municipalities covered here, plan on obtaining a building permit for any ADU because the shed exemptions require no plumbing. Illinois has no statewide shed exemption; the model 2021 IRC exempts one-story accessory structures up to 200 square feet (ICC), but each jurisdiction adopts its own number. The thresholds retrieved for storage sheds:
| Municipality | Permit-free threshold | Basis |
|---|---|---|
| Chicago | 150 sq ft, one story, 15 ft or less, no plumbing, shed/gazebo/playhouse use | §14A-4-402; exempt work must still meet the Construction Codes (DOB) |
| Evanston | No numeric exemption; the IRC R105.2 exemption section is deleted | Ordinance 29-O-22 |
| Naperville | 150 sq ft | Permit guide dated 10/31/22; the city has since adopted the 2024 IRC effective April 1, 2026, so confirm |
| Springfield | 120 sq ft, one story | Reported by an aggregator as Sec. 170.10.22(a); unverified against the official code |
Setback and zoning rules apply to a shed even when no permit does.
Permitting step by step
Chicago's path runs through three city departments plus Cook County. The Illinois Policy analysis, from an advocacy think tank, puts the 2024 average from application to permit at 121.6 days across 249 permits. The City's ADU process page gives this sequence:
- Confirm zoning eligibility. In Chicago, apply for Department of Housing pre-certification through the portal; in Evanston, confirm your lot meets §6-4-6-10 and skip the variance; in Urbana, file a conditional use permit application for the Zoning Board of Appeals; in Moline, record the required covenant with the Rock Island County Recorder before applying for a building permit.
- Hire a licensed architect or structural engineer. Chicago requires a plan-based permit with professional drawings for both conversion units and coach houses.
- Submit for zoning review and the Department of Buildings permit. Chicago offers Self-Certification review for eligible projects (DOB); the permit fee deposit is non-refundable.
- Arrange water and sewer. The Department of Water Management may require a new water service and meter whenever the unit count changes, sized under Plumbing Code §18-29-604. A coach house needs an easement recorded against the primary structure to protect its water service, and if it abuts a right-of-way with a water main it must connect directly to it (DWM). Developments with fewer than three units are exempt from Metropolitan Water Reclamation District permit fees unless a public sewer extension is involved (MWRD).
- Pass inspections. DOB inspects the construction; DWM inspects the tap, with two inspections included in the tap fee and $500 per re-inspection.
- Obtain a Certificate of Occupancy from the Department of Buildings.
- File the Cook County Assessor's new-construction form within 30 days of occupancy or completion (Assessor). If the unit is an affordable conversion unit, register it with the City. In Evanston, register the unit and pass a rental inspection before any tenant moves in (Evanston).
What it costs to build an ADU in Illinois
A Chicago basement conversion runs $65,000 to $170,000 depending on whose numbers you trust and how deep you dig; a new coach house runs $150,000 to $350,000 before the overruns that turned one Wicker Park project from a $350,000 budget into nearly $700,000 in actual costs (Sun-Times). Fees are small by comparison.
The sections below cover permit and utility fees, project design and construction costs, and the potential effect on a Cook County property tax bill.
Permit, water and sewer fees in Chicago
The Department of Buildings' 2026 fee tables took effect January 6, 2026 (DOB). Water Management's 2026 amounts were not retrieved, so the water figures below are the 2025 schedule:
| Fee | Amount | Source |
|---|---|---|
| Permit fee deposit (non-refundable) | $600 | DOB 2026 |
| Increase in number of dwelling units (basement or attic conversion), minimum | $1,800 | DOB 2026 |
| Residential construction, up to 4 stories and 3 units (new coach house), minimum | $2,450 | DOB 2026 |
| Level 2 or 3 alteration, single dwelling unit, minimum | $600 | DOB 2026 |
| Addition to building with 1–3 units, minimum | $900 | DOB 2026 |
| Self-Certification zoning review | $300 deposit plus $75, or $675 without in-person review | DOB 2026 |
| ADU administrative adjustment | $500 | City requirements page |
| Affordable Conversion Unit initial registration | $500 per unit | 2020 ordinance text; confirm against current ordinance |
| 1-inch water tap, regular hours | $2,000 ($2,380 premium) | DWM 2025 |
| DWM inspection | $710 ($1,420 premium) | DWM 2025 |
| New 5/8-inch or 1-inch meter | $300 or $431 | DWM 2025 |
| Sewer connection, 6 inches and smaller | $75, plus $65 per residence unit | Municipal Code §11-16-080 |
Two builder sources put total permits and fees at $2,525–$3,050 (ADU Zoning) and $14,000–$26,000 (General Construction Chicago); they do not reconcile, and the official tables above are the better guide.
Design, utilities and construction
Assembly Service estimates architecture and engineering for a coach house at $8,000–$40,000, and architect James Hall prices site-specific drawings from $14,000 (James Hall). Plans and engineering for a basement unit are cheaper, $2,000–$5,000 (Assembly Service).
The same Assembly Service page estimates $3,000–$8,000 to separate utilities so a basement unit has its own service and meters. Separate-meter connections to a coach house cost $15,000–$40,000 (ADU Zoning). Coach houses also need their own foundations (James Hall).
The construction ranges below come mostly from builder and guide pages without published methodology; the Chicago Association of REALTORS® figure and the permit-declared values are the firmer anchors:
| Project | Per square foot | Total | Source |
|---|---|---|---|
| New coach house, 450–600 sq ft | $200–$400 | $150,000–$350,000; typically $175,000–$250,000 all-in | 2026 builder and guide pages (ADU Zoning) |
| Basement or garden unit | $130–$250 | $65,000–$120,000+ | Assembly Service, February 2026 |
| Garden-level conversion to code | Not stated | $145,000–$170,000 (excavation and foundation $50–60K, utilities $40–50K, build-out $50–60K) | Chicago Association of REALTORS®, September 2026 |
Permit-declared values, which understate finished cost, were $100,000 for a North Center coach house in February 2025 and $140,000 for a Logan Square coach house with two-car garage in September 2025. Prefab coach-house shells run $125,000–$200,000 before foundation and utilities (ADU Zoning). Figures for Champaign, Peoria and Springfield in the research come from vendor pages and are not reliable enough to print.
Chicago's ADU Repair Grant Program offers a planning grant up to $10,000 and a construction grant up to $75,000 structured as a five-year forgivable loan (City).
What a Chicago ADU adds to your Cook County tax bill
Cook County assesses residential property at 10% of market value, multiplies by a state equalization factor, subtracts exemptions, and applies the local composite rate (Treasurer). The Assessor's office says an ADU "will increase the total assessable area of a property and, sometimes, its assessed value," with value per square foot usually unchanged, and that it does not raise neighbors' assessments (Assessor). A detached house that gains an interior unit may be reclassified as class 2-11, an apartment building with 2 to 6 units (Chicago Cityscape; class codes).
No source gives a typical ADU value premium, so the two added-value figures below are assumptions. The factor is the final 2025 Cook County multiplier of 3.0300 (IDOR); the 6.85% rate is a third-party median across Chicago tax codes for tax year 2025 (Cook County Tax Appeal), not an official parcel rate. The official 2024 City of Chicago composite rate was 6.618606% (Clerk).
| Step | $200,000 added value | $400,000 added value |
|---|---|---|
| Assessed value (10%) | $20,000 | $40,000 |
| Equalized assessed value (× 3.0300) | $60,600 | $121,200 |
| Annual tax at 6.85% | $4,151.10 | $8,302.20 |
| Annual tax with Home Improvement Exemption | $2,594.44 | $6,745.54 |
The Home Improvement Exemption excludes up to $75,000 of added value for up to four years and applies automatically when you pull a permit (Assessor); the Assessor says ADU builders may in many cases qualify. At 2025 figures it is worth about $1,556.66 a year. Your first year is prorated from the occupancy or habitability date, and the factor and rate for the year your ADU is first assessed will differ from these.
Two exemption questions the research does not answer: no retrieved page says whether a new coach house gets its own PIN or stays on the existing one, and none says whether renting the ADU changes the $10,000 Homeowner Exemption, which requires owner occupancy as a principal residence (Assessor). One is clear: if you hold a Senior Freeze, the first-year EAV of the new unit is added to your frozen base (35 ILCS 200/15-172).
Renting your ADU
A long-term lease is the only rental model that works for a Chicago ADU. Conversion units "may not be rented, leased, or otherwise made available for compensation of any type for transient occupancy, as defined in Section 4-6-290, by persons other than members of the unit owner's or tenant's household," and coach houses lawfully established after May 1, 2021 carry the same language (ordinance text).
The Code's vacation-rental definition excludes both (§4-6).
Two fine schedules apply under different code provisions. The coach-house zoning section sets $1,500–$3,000 per offense for transient occupancy (§17-9-0201-F).
The 2026 shared-housing registration guide from Business Affairs and Consumer Protection lists $2,500–$10,000 per offense for violations of that chapter. Registration is also subject to suspension or revocation (BACP).
The suburbs split three ways on short-term rentals. Moline bars short-term or vacation rental of an ADU outright (Sec. 35-31001(4)). Northbrook's code says "Accessory or secondary dwelling units on a lot may not be used or offered as short term rentals" (§9-101 D(19)(g)) and requires the owner to occupy the principal dwelling "as the owner's principal place of residence for no less than six (6) months during each calendar year" (D(20)(f)) (Northbrook). Oak Park allows Airbnb or other rental if you register with the Village, though a July 2026 staff memo proposes removing the owner-occupancy rule in Section 9.3.B.1 and says the Village "should consider prohibiting the use of ADUs as short-term rentals through its business licensing regulations." Nothing in that memo has been adopted.
Evanston has no owner-occupancy rule and no ADU-specific STR ban. Its Ordinance 2-O-26, passed February 24, 2026, defines a vacation short-term rental as under 30 consecutive days and caps licenses at one per hundred long-term rental units citywide.
Owner-occupancy is the string that matters most to an investor who lives elsewhere. Oak Park, Moline and Northbrook all require the owner to live in the house or the ADU. Wilmette's 2019 handout requires owner occupancy for six months a year.
Chicago requires it only in RS areas that impose it and where the principal building is a detached house. A two-flat or larger in a Chicago multi-unit district carries no owner-occupancy condition, and neither does any Evanston lot.
Once a tenant moves into the ADU, the structure is a rental, and a homeowners' policy written for an owner-occupied house is the wrong form for it. A landlord policy on the main building may not extend to a detached coach house unless the policy lists the unit. That makes landlord insurance the right form once a tenant moves in. Steadily writes ADU insurance for both coach houses and conversion units, and its policies for landlord insurance in Illinois, including Chicago, cover short-term rentals where local law allows them. Standard forms exclude flood and sewer backup, two exclusions that deserve attention before you finish a garden unit. That is one more reason the backwater valve in the next section is money well spent. Get a quote in minutes at quote.steadily.com, no phone call required.
Already have an unpermitted in-law suite?
Chicago has no amnesty program for an unpermitted basement unit. Legalizing it means following the same sequence as a new conversion unit: Department of Housing pre-certification, drawings by a licensed architect or structural engineer, a plan-based Department of Buildings permit, inspections and a Certificate of Occupancy (City).
The City lists "Legalizing a coach house that was built or converted without a building permit" as a case where pre-certification is not required (City). That exception covers coach houses, not basements, and the City offers no inspection relief for existing basement units.
You cannot legalize the unit unless the building has lawfully existed for 20 years and the lot sits in an ADU-Allowed Area. If the building is a detached house in an RS area that imposes owner-occupancy, you must also live there at pre-certification.
An unpermitted unit that fails any of these requirements cannot be legalized under the current ordinance. The Assessor's appeal rules limit omitted assessments to the current year and three prior years, so leaving the unit off the rolls can create several years of back-tax exposure.
If your unit meets the eligibility requirements, expect ceiling-height work first. Chicago's new-construction code requires 7 feet 0 inches in Group R dwelling units, met across three-quarters of the room area, with beams and ducts allowed to 6 feet 4 inches and furred ceilings to 6 feet 8 inches (Title 14B).
The existing-building code is a little kinder, allowing 6 feet 8 inches within dwelling units and 6 feet under beams and pipes that cover no more than a quarter of the ceiling (Title 14X). Underpinning or bench footing to gain a code-height ceiling costs $15,000–$40,000 (Assembly Service).
Egress is the one item where Chicago's numbers are missing. Section 14B-10-1030 states "The provisions of Section 1030 of IBC are not adopted" (ALP), and no Chicago-specific net clear opening or sill height was retrieved; means of egress must comply with Section 1006. Suburbs on the IRC follow R310: a net clear opening of at least 5.7 square feet (5 square feet at or below grade), at least 24 inches high and 20 inches wide, a sill no more than 44 inches above the floor, and a window well for below-grade sills. Those figures come from out-of-state pages quoting the model code, so confirm them against your suburb's adopted edition. Egress windows cost $3,000–$7,000 each.
The remaining items, from Chicago's code and the Department of Buildings' guidance for adding units:
- Natural light of at least 8% of floor area as glazing, or 6% for basement bedrooms where more than 40% of the unit's floor area is above grade (14B-12-1204); openable area of at least 4%, or mechanical ventilation at 0.35 air changes per hour if 40% of the unit is above grade (14B-12-1202).
- Fire separation of one-half hour between one added unit and the rest of the building; two or more added units require a 1-hour-rated basement ceiling and 2-hour stair enclosures (14R-3-309). Budget $2,000–$5,000.
- Smoke alarms in each sleeping room, within 15 feet outside each sleeping room, and on every story including the basement (ALP), plus a carbon monoxide detector within 15 feet of each sleeping room.
- Walls impervious to leakage and protected against dampness (DOB); waterproofing runs $4,000–$12,000 plus $1,500–$3,000 for a backwater valve.
Evanston's 2026 guidebook applies the same categories to a basement ADU: egress windows, minimum ceiling heights and the separating wall must meet fire code. Oak Park requires a separate entrance and compliance with all zoning, building and fire codes.
What's next for Illinois ADU laws
No statewide ADU bill has passed either chamber of the Illinois General Assembly, and the two live proposals with a January 1, 2027 effective date, HB5626 and SB4071, sat in the House Rules and Senate Assignments committees as of October 2026.
Rep. Kam Buckner introduced the original attempt, HB4213, in the 103rd General Assembly. Rep. Theresa Mah joined as a co-sponsor on April 12, 2024. It would have created the Local Accessory Dwelling Unit Act: local governments could not ban ADUs but could set reasonable size and location rules, and the act would have limited home rule powers. The Rules Committee received the bill again on April 5, 2024, and it died there (CAI) after drawing 301 proponent and 56 opponent witness slips.
The 104th General Assembly produced a cluster of successors, drafted in part with input from Abundant Housing Illinois (Hyde Park Herald):
| Bill | Sponsor and date | What it would do | Status |
|---|---|---|---|
| HB1709 | Rep. Buckner, January 28, 2025 | Re-filed HB4213: cities cannot ban ADUs; reasonable size and location rules allowed | Re-referred to Rules March 21, 2025 (ILGA) |
| HB3552 | Buckner, Mussman, Gabel, Olickal, Croke, Briel | By-right approval or denial within 60 days; a required off-street parking rule treated as prohibiting an ADU | Re-referred to Rules March 21, 2025 (ILGA) |
| HB5223 | Rep. Delgado, February 10, 2026 | Municipal zoning must include at least 5 of 14 housing strategies, including allowing one internal or detached ADU | Status not retrieved (text) |
| HB5626 | Rep. Buckner, February 19, 2026 | Every municipality must permit ADUs in all districts that permit single-family homes, with no extra lot size, setback or design rules; preempts home rule | Referred to Rules February 19, 2026; co-sponsors added through June 22, 2026 (ILGA) |
| SB4071 | Sen. Robert Martwick, February 24, 2026 | From January 1, 2027, municipalities must authorize ADUs by ordinance, with no extra parking, familial-relationship, or size and bedroom limits | Referred to Assignments; IML opposes (IML) |
| SB4200 | Sen. Donald DeWitte, May 7, 2026 | "REAL Housing Act," an opt-in Middle Housing Incentive Program effective January 1, 2028 | Status not retrieved (text) |
Between them, these bills would preempt local size caps (SB4071), parking mandates (SB4071 and HB3552) and lot-size, setback and design requirements (HB5626). None addresses owner-occupancy by name, and neither HB1709 nor HB5626 contains a short-term rental provision, so the local STR bans in Chicago, Moline and Northbrook would survive even if one passed.
Governor Pritzker's BUILD plan went further than any of them. It proposed legalizing ADUs on all residentially zoned property, by-right middle housing scaled to lot size (one unit under 2,500 square feet, up to four units on 2,500–5,000, six on 5,000–7,500, eight above 7,500), and $250 million for site preparation and homebuyer assistance (Capitol News Illinois). The Senate's version dropped ADU legalization and standardized impact fees (CNI). The package failed in spring 2026, though the legislature approved the $250 million in capital funding (NPR Illinois). The Chicago Tribune attributed the stall to "concerns about the state overriding local zoning control" (Tribune); Crain's pointed to suburban opposition (Crain's).
An ADU puts a second home on a lot you already own, which can produce long-term rental income where local rules allow it. Chicago bars short-term rental of ADUs, and Oak Park, Moline, Northbrook, Wilmette and some Chicago RS areas add owner-occupancy conditions. You might also house a relative in the unit, the use behind the labels "in-law suite" and "granny flat," whether for aging in place or multigenerational living. In Oak Park or Moline, which require only that you live in either the main house or the ADU, you could move into the ADU and rent out the main house.
Advocates make the policy case for gentle density. Chicago's expansion made over 320,000 parcels eligible. A conversion unit adds a home inside a building that already exists, and Chicago exempts conversion units from minimum lot area per unit and requires no parking. Block Club reported that conversion units are often more cost-effective than coach houses. The Cook County Assessor says new property on the rolls increases the tax base, "typically lowering the tax rate." Governor Pritzker's BUILD plan was framed as a way to spur homebuilding.
The drawbacks opponents raise are the ones you would feel as an owner. IML's position is that height, bulk, setback and parking belong to municipalities, and preemption would strip towns of the ability to tailor rules to their lots. Within Chicago, critics told Block Club the apprenticeship requirement for coach-house contractors is cost-prohibitive for all but high-income homeowners (Block Club), and the Wicker Park overrun shows how far a coach-house budget can drift.
Advocates point across the border. The Illinois State Association of Counties described HB5626 as "Mirroring legislation recently enacted in states like Oregon, California, and Utah" (ISACO).
Iowa's SF 592, effective July 1, 2025, requires cities and counties to allow at least one ADU per single-family lot "without discretionary review or hearing" and caps size at "one thousand square feet or fifty percent of the size of the single family residence, whichever is larger." It bars extra parking and in-lieu fees. It also bars owner-residency requirements (SF 592).
Indiana's HB 1001, signed March 4, 2026 and effective July 1, 2026, makes internal ADUs a permitted use. It caps them at the lesser of 75% of interior habitable area or 1,000 square feet and caps application fees at $250 (enrolled act). Pew counted 18 states with ADU laws as of September 2025 (Pew). Wisconsin's ADU bills all failed on March 23, 2026. Minnesota and Michigan have enacted nothing, and neither has Ohio.
If you want to weigh in, witness slips on ILGA.gov are the mechanism; 357 people filed them on HB4213. The next test is whether HB5626 or SB4071 gets a committee hearing in the 2027 spring session.
FAQ
These answers summarize the local legality, size, permit and rental rules that Illinois owners ask about most often.
Are granny pods legal in Illinois?
They are legal wherever detached ADUs are: Chicago (as a coach house, with the 22-foot height limit, 15-foot separation and apprenticeship-contractor rule), Evanston, Oak Park and Moline. In Moline, the lot must contain at least 6,500 square feet. Naperville does not permit ADUs, and Springfield's code bars using any detached accessory structure as a dwelling. No state law overrides those local answers.
What is one drawback of building an ADU?
Owner-occupancy conditions. Oak Park, Moline, Northbrook and Wilmette all require you to live in either the house or the ADU, and Chicago requires it in RS areas that impose it when the principal building is a detached house. An investor who lives elsewhere cannot add a conforming ADU to a single-family rental in any of those places.
What is the biggest ADU you can build in Illinois?
An Evanston internal or attached unit may exceed 1,000 square feet if it stays on one level and smaller than the primary dwelling. Detached caps are 1,000 square feet in Evanston and Moline and under 1,000 in Oak Park. Chicago's current coach-house section has no written floor-area maximum, but the 60% rear-setback coverage rule keeps most coach houses near 450 square feet by Abundant Housing Illinois's estimate.
How big a shed can you build without a permit?
In Chicago, 150 square feet, one story, no taller than 15 feet, with no plumbing, under §14A-4-402. Naperville's older permit guide also says 150 square feet; an aggregator reports 120 square feet for Springfield, unverified; Evanston deleted the IRC exemption and has no numeric threshold. None of these exemptions covers a dwelling, since every ADU has plumbing.
How do I check whether my Chicago address is in a pilot zone?
The pilot zones no longer define eligibility. Since April 1, 2026, the Department of Housing's online application portal checks any address against the current ADU-Allowed Areas, which cover every multi-unit residential district, certain business and commercial districts, and RS districts in 34 wards. The original five zones (North, Northwest, West, South, Southeast) were all opted in automatically.
Do I have to live in the house to build a Chicago coach house?
Only in two cases. If your lot is in an ADU-Allowed RS Area that imposes owner-occupancy and your principal building is a detached house, you must occupy it at pre-certification under §17-7-0573(2). In the West, South and Southeast areas, any lot with three or fewer units requires owner-occupancy at permit application. A two-flat in a Chicago multi-unit district outside those areas has no such condition.
Can I rent a Chicago ADU on Airbnb instead of signing a lease?
No. Conversion units and coach houses established after May 1, 2021 cannot be used for transient occupancy by anyone outside the owner's or tenant's household, with fines of $1,500–$3,000 per offense under the zoning code and $2,500–$10,000 under the shared-housing rules. Long-term leases are permitted. Oak Park currently allows registered Airbnb use of an ADU; Moline and Northbrook ban it.
Which Illinois suburbs allow ADUs and which ban them?
Evanston, Oak Park and Moline allow them by ordinance, and Northbrook and Wilmette regulate them with owner-occupancy conditions. Urbana reviews each one as a conditional use. Naperville prohibits ADUs, while Springfield bars detached accessory structures from use as dwellings. Rockford's zoning ordinance lists no ADU use, and §20-004-G states that unlisted uses are prohibited.
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