2026-09-10 · Massachusetts · Legislation

What happened. Massachusetts changed the rule that governs whether an older condominium building can be altered without a discretionary zoning approval. Chapter 137 of the Acts of 2026, the FY2027 budget act, was signed by Governor Healey on 9 July 2026; it carries an emergency preamble and §135 provides that except as otherwise stated the act takes effect 1 July 2026.¹

The zoning provisions are sections 40 through 49, and they carry no separate delayed-effective clause. They are in force.

The change that matters most

Section 43 amends G.L. c. 40A §6. Pre-existing nonconforming structures, and residential uses nonconforming “because of lot size or shape, frontage, lot coverage or floor area ratio requirements,” may now be extended or altered

“as of right, without the need for a finding by the special permit granting authority”

— provided the work complies with current dimensional rules on height, number of stories and setback.

That is the practical reach of the amendment, and it is wide. A very large share of Massachusetts condominium buildings — converted three-deckers, mill buildings, mid-century mid-rises, townhouse rows built to a lot line — sit on lots that do not meet current dimensional zoning. Until now, altering or extending them required a §6 finding from the local board.

The other zoning changes

• Section 45 — the zoning freeze doubles. Construction under a building permit need only commence within 24 months (previously 12) of the last necessary permit to be protected from later zoning amendments, and that period is tolled while the applicant is actively seeking other permits. Special permits and site plan approvals get a three-year commencement window.
• Sections 40, 41, 48 and 49 — electronic notice. “Electronically or” is inserted into c. 40A §5 and §11, permitting electronic service of zoning notices in place of mail.
• Section 46 strikes “for single and two-family residential use” from c. 40A §6, broadening those provisions beyond one- and two-family use.

1. Chapter 137 of the Acts of 2026, sections 40–49 and section 135 (session law text) ↩
2. H.5555, 194th General Court — enactment as Chapter 137, signed 9 July 2026 ↩
3. M.G.L. c. 183A §18, improvements and costs (the 75 percent vote) ↩