LAST UPDATED IN 2025

I looked into this once again for a new listing at 10095 176th Ln in Jupiter Farms. A few years ago the rules were changed and the answer now applies to ALL unicorporated parcels in Palm Beach County. In 2023 PB County changed the rules for Accessory Quarters or what most folks call “Accessory Dwelling Units” (ADU’s).

First, this is general information. If you really want to know for certain then call the Palm Beach county Planning & Zoning Department (561.233.5200) with your property parcel ID and speak to the “planner on call”, then hire an engineer ot architect, then a builder. Look your house up on PAPA and IF the first 2 digits are “00” the you are in unincorporated Palm Beach County. Then use this link to get the zoning information for your property and jot it down or print it out. Tired of dealing with Realtors who don’t know details like this? Call Chris Ryder at 561-626-8550. A word of caution as well. IF you plan to rent this unit out you will lose at least a portion of your homestead exemption. The Florida Supreme Court ruled in Furst v. Rebholz that a homeowner cannot claim a full homestead tax exemption if they rent out a portion of their home.

The short answer: Yes, in Jupiter Farms, and in fact now for ANY residential zoned property in Palm Beach County, one may have what is termed an “Accessory Quarters” BY RIGHT. For lots in unincorporated Palm Beach County that are over 1 acre in size one may build a, “Accessory Quarters” A/K/A “mini house” or “Accessory Dwelling Unit”, so long as it is not separtely metered for electric from the main house, having under 1000 SF (800 SF for lots under 1 acre) of air conditioned living space PLUS up to an additional 500 SF of area “under roof.” That’s an area under a solid roof that is utilized by the unit such as a porch, patio, porte-cochère, carport, or garage is allowed.

This provided you have the “space”. These must meet the set backs and not exceed things like the lot coverage ratios. The ADU must be built to correct elevation, being 2.5′ above the adjacent road for places OUTSIDE the Flood Zone like Jupiter Farms, it must be under 25′ in height, and must be built with the correct set backs from the side and rear property lines…

Residential Zoning Districts and AR Lots Less than One Acre
Accessory structures ten feet or less in height shall meet a minimum five-foot setback from the side and rear property lines. Accessory structures over ten feet in height shall meet the minimum setbacks in Table 3.D.1.A, Property Development Regulations. [Ord. 2016-042] [Ord. 2023-009] [Ord. 2023-021]
(2) Within AR Zoning District on Lots One Acre and Greater
Accessory structures shall be set back from the side and rear property lines as follows: [Ord. 2023-009]
(a) Lots five acres or greater; minimum of 25 feet. [Ord. 2023-009]
(b) Lots one acre or greater and less than five acres; minimum of 15 feet. [Ord. 2023-009]

There is even a possibility to build it in the front of the house though not “by right.”

Acessory uses are covered in Article 5. And for Residential Districts, like the AR and RE found in Jupiter Farms.

Residential Districts
Accessory structures shall be allowed subject to the requirements below, provided they are not located in an established easement or required landscape buffer unless exempted by Art. 5.F.2.A, Easement Encroachment.

But first we must check that we can do ANYTHING because there are “max building coverage” requirements in the code which we see in the above Table is 15%. For the typical 1.25 acre lot (> 1 Acre) let’s assume it has a descent sized 4,000 sf house on it. This is the total size of the building(s) (ALL BUILDINGS WITH A ROOF ON THEM) but would not include a pool or a screen enclosure, UNLESS it has a solid roof. But if you have other structures on your lot like a detached garage, stable, barn, pole barn, lien to, or ANYTHING WITH A SOLD ROOF then these WOULD BE ADDED to the 4,000 SF house roof area number I am using.

So let’s look at an example. A lot that it 165′ wide X 330′ deep. This is 1.25 Acres and thus an ‘existing non conforming’ lot for the AR (RR-10). Looking at Table 3.D.1.A again and we see that lot coverage must be less than 15%, so 0.15*165*330 = 8,167.5 sf. In this example we could have an accessory building that’s 8,167.5 – 4000 = 4,167.5 SF. A good sized barn but we want to know about ADU’s now that we know we have over 4k SF of have lot coverage to use! Looking at table 4.B.1.D we see that for a Single Family Principle Use one may have BY RIGHT Accessory Quarters, Estate Kitchen, or a Guest Cottage…

What we are looking for is the “Accessory Quarters” BUT if you do not have the lot size (coverage) or set backs for this then perhaps look into IF an Estate Kitchen would be allowed and do want you want.

Accessory Quarters

a.   Definition

A complete, separate living facility equipped with a kitchen and provisions for sanitation and sleeping, located on the same lot as the owner-occupied principal dwelling.

b.   Building Area

The use shall be subject to the following:

1)   On less than one acre: a maximum of 800 square feet.

2)   On one acre or more: a maximum of 1,000 square feet.

3)   The floor area calculation shall include only the living area of the Accessory Quarters under a solid roof.

4) Additional floor area under a solid roof that is utilized as a porch, patio, porte-cochère, carport, or garage shall not exceed 500 square feet.

So, for our example one may have a 1,000 SF of living area (air conditioned building space) plus another 500 SF of porch, patio, porte-cochère, carport, or garage (non AC space) and it must be placed at least than 25′ from the both the rear and side property lines.

An “Estate Kitchen” is “A second kitchen located within a principal Single Family, Zero Lot Line, or Farm Residence.”

A “Guest Cottage” is much like an Accessory Quarters BUT it is intended only for sleeping and is WITHOUT a kitchen.

Last FYI is that the accessory building MAY NOT have separate utilities and that you will be charged Impact Fees in addition to the building permit fees.

You found the perfect home, and you can even afford, it BUT the roof is old and needs to be replaced. How can you buy your dream home?

This happens very frequently. A house is for sale that needs a new roof. IF you are paying cash then IN THEORY one could buy the house and not insure it, or have only say liability only on it. This is a big risk. Think about that decision.

In the Jupiter area about 50% of the time there IS financing involded. And, if the property is being financeed then the lender will require the property to be insured from Closing forward. But with an old roof no one will write the policy. What to do?

1. Assuming you have the cash to pay for a new roof AFTER Closing on the property it MAY be possible to insure it short term with what is called a Builders Risk Policy. You have this policy for a short time while you’re putting on a new roof and then cancel it and get a standard policy. They are expensive.
2. If one has the cash to pay for a new roof then one MAY be able to obtain coverage if one has a contract in place with a roofing company to replace the roof after Closing through a traditional insurer like Citizens.
3. If you do not have the cash to pay for a new roof AFTER Closing then one could use the Builders Risk Policy in conjunction with a loan that includes the cost of the new roof in the permanant financing by using an FHA 203(k) loan, Fannie Mae’s HomeStyle Renovation, or Freddie Mac’s CHOICERenovation loan. These would be be loans under the applicable loan limits being, in Palm Beach County, 654k for the FHA loan and 766k for the Fannie/Freddie loan products.

What’s the differacne between Rules in the recorded documents Vs rules enacted by the Board?

First, I’m not a lawyer. That said, my uderstanding is that the restrictions in the recorded documents of a Condominium, or an HOA are, for things like the property may only be rented for 120 days in any calendar year where rules are for things like…glass is not allowed on the pool deck. The recorded documents allow for the Board to enact rules. The rules should be used for smaller items NOT spoken to in the recorded documments and can not be contrary to the recorded documents These rules, once enacted by the Board are judged on a “reasonablenees” standard. The restrictions (rules) of the recorded documents are typically given a presumption of validity so long as it is not contrary to a law. A great example of this is that many older condominiums in the area have a restriction stating that units may only be occupied by those over 18. These were adopted (recorded) was prior to the Federal Fair Housing laws being amended in 1988 that prohibit housing dicrimination for those under 18. As soon as that law was enacted the language of the recorded document became unenforcable.

First, if you’re an agent reading this then call me, Chris Ryder, at 561.818.3858. You need a new Broker.

NOTE: As of March 2026 the 2 forms noted below have been combined onto a single form, CASSB-1. Thus, the current answer is neither. Use the CASSB-1 form.

Realtors, like other profesionals who do work for others, want to be paid. Before showing a prospect ANY property we get a Buyer’s Broker agreement signed by our customer. When making appointments for showings we ask the Listing Agent if the Seller is willing to compesate us. The answer is usually yes and 2.5% say. Great! We show the property to our customer and they want to make an offer. Super! But we want to get that offer of compensation formalized BEFORE sending over any offer. There is now a single form for this but it needs to be completed correctly. The CASSB-1.

The answer is: It depends on which box is checked off on the Listing Agreement. If box 10(a) is checked on the sale listing agreement (Or, 8(a) for rental listing agreements) then you should check the box for the “seller’s broker, and that Broker should execute this form. This is the scenario similar to the way it always was. The Seller is paying the listing agent say 5% and the listing agent is offering say 2.5% to cooperating agents. If a modification to this form CASB-1 is required then the agent should use the new combined form: MCSB-1.

Or, if box 10(b) is checked on the sale listing agreement (Or, 8(b) on the rental listing agreement) then you would check the box for THE SELLER to sign this new form. In this scenario the listing agreement states that the Seller will be compensating the Broker for the Buyer in the amount of say 2.5%. If a modification to this form CASB-1 is required then the agent should use form: MCSB-1.

REGARDLESS of which box is checked any offer of compensation is NOT agreed to, by either the Listing Agent or the Seller, unless and untill a signed CASB-1 or CABB-1 is signed.

Realtors should note the current Code of Ethics includes:

Standard of Practice 3-2
REALTORS® are prohibited from delaying or withholding delivery of a buyer’s/tenant’s offer while attempting to negotiate compensation. These ethical obligations in no way restrict the REALTORS®’ or clients’ ability to negotiate compensation in the clients’ best interest, including in offers to purchase or lease. (Adopted and effective June 5, 2025)

So, IF the listing agent does not immediately return the executed form back to you then use the form CR-7 as an addendum to the Contract (or CTL) being presented. This gives the BUYER (or Tenant) the option to withdraw, or at least renegotiate, so that they can avoid paying your fee. This form should be used for a specific purpose, to add a contingency to the Buyer and Seller’s sales contract when no compensation agreement has been entered into beforehand. Remember, no Florida Realtors form is required to be used but this on reads:

This Contract is contingent upon (check one) __ Seller’s Broker and Buyer’s Broker or __ Seller and Buyer’s Broker executing a compensation agreement with terms acceptable to Buyer (“Compensation Agreement”) within ____ days (if left blank, then three (3) days) after the Effective Date (“Time Period”). If the Compensation Agreement described herein is not executed and delivered within the Time Period, then Buyer may, within three (3) days thereafter deliver written notice to Seller, terminating this Contract in which event the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. If Buyer fails to timely deliver said written notice to Seller, this contingency shall have no further force or effect.

The Buyer may also wish to pay their agent BUT for the Seller to give thme a credit in this amount. To do this one would use the rider: “FF. CREDIT RELATED TO BUYER’S BROKER COMPENSATION.”