StateDataIndex

ADU Guide · Verified 2026

Building an ADU in Hawaii

Yes, statewide, counties cannot ban ADUs

Hawaii requires every county to allow ADUs on any residentially zoned lot, with ministerial approval and no size-based lot exclusion. Honolulu goes further, allowing up to three units on a single lot, but statewide, a private HOA covenant can still block an ADU even where county zoning approves it.

Quick Facts

Statewide mandate
Every county must permit ADUs, ministerial approval, no lot-size exclusion
Honolulu (Ordinance 25-2)
Up to 3 units per lot: primary home, ADU (rentable to anyone, 6-month minimum), and family-only Ohana unit
Honolulu size
500 sq ft on lots under 5,000 sq ft; 1,000 sq ft on lots 5,000+ sq ft
Maui County deadline
December 31, 2026 (not yet in effect), 2+ ADUs per lot regardless of size
HOA rule
NOT preempted, a private deed restriction can still block an ADU county zoning would approve
Maui grants
Up to $50,000 per unit for long-term rental ADUs, post-2023-wildfire program

Statewide floors set by Act 39/Act 28 (2023); Act 39 (2024, HB 2090), HRS 46-4.8. Your city may be more generous but cannot go below them.

The Three Types of ADU

ADU Rentable to anyone, minimum 6-month lease in Honolulu. By right under state and county law.
Ohana unit (Honolulu-specific) A third unit reserved for family members only, cannot be rented to outside tenants. Counts toward the same 3-unit lot allowance.

Two different laws share the same name, a real trap

Hawaii reuses act numbers each legislative session, so "Act 39 of 2023" (SB 3202) and "Act 39 of 2024" (HB 2090) are genuinely different laws that happen to share a number. Always check the year alongside the act number when researching Hawaii ADU law.

Honolulu allows a real third unit

Under Ordinance 25-2, a single-family lot in Honolulu can host up to three units total, the primary home, an ADU rentable to anyone, and a separate Ohana unit restricted to family members only, a genuinely distinctive three-tier structure not found elsewhere in this research.

A statewide right that a private HOA can still block

Even though the state and counties cannot prohibit an ADU on a qualifying lot, Hawaii does not preempt private HOA covenants or deed restrictions, meaning a community association can still legally block an ADU that the county itself would approve, a real, documented gap other states like Colorado close.

Maui's deadline hasn't arrived yet

Maui County's requirement to allow at least two ADUs per lot regardless of size doesn't take effect until December 31, 2026, meaning current Maui rules may still be more restrictive than what the law will eventually require.

What people get wrong

The most common mistake is assuming Hawaii's statewide ADU mandate means no private restriction can stop a project. HOA covenants remain fully enforceable, a real, separate layer from the zoning question.

From Idea to Move-In: The Timeline

Check HOA/deed restrictions first 1 week Hawaii's statewide mandate does not preempt private covenants.
Design & plans 3-8 weeks Honolulu size caps: 500 sq ft (lots under 5,000 sq ft) or 1,000 sq ft (larger lots).
Ministerial permit review 4-10 weeks No hearing, no conditional use process required statewide.
Construction 4-9 months Standard timeline once permitted.

Counties With Their Own Rules

These Hawaii counties have verified, county-specific ADU rules that add to the state baseline:

Building It Yourself? Here's What You'll Need

Planning an ADU? Tools homeowners use in the design and layout phase:

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Check Your Local Rules

Your city may allow more than the state floor

State law sets the minimum; many Hawaii cities and counties are more generous. Browse the full directory of 5 counties and every city in Hawaii for local rules, fees, and building department contact details.

Browse the full Hawaii directory →

Not sure if your project needs a building permit, a zoning approval, or both? See our guide to building permits vs. zoning approval.

Official Sources

ADU law changes frequently and local ordinances add detail. This guide is general information, not legal advice, always confirm with your local building department. Reviewed by the StateDataIndex Editorial Team · Updated September 2026.