ADU Laws in Texas: Ordinance and Regulations

SERVING AUSTIN, SAN ANTONIO, HOUSTON
And Surrounding Areas

Small House Solutions Offers the Following Services at NO COST to You

Zoom Consultation
No-cost ZOOM consultation for in-depth discussions.

Two people sitting at a conference table

Phone Consultation
Personalized solutions for your inquiries directly.

a woman holding a phone and looking at a computer screen

Unlocking the Potential of Accessory Dwelling Units in Texas: Ordinances and Regulations

Investing in an Accessory Dwelling Unit (ADU) on your property can be a lucrative endeavor, providing both added living space and potential rental income. However, navigating the complex landscape of state and local ordinances and regulations is essential to ensure your ADU complies with legal requirements.

Table of Contents

The Evolution of ADUs in Texas
ADUs in Texas: A Complex Landscape
Understanding Zoning and Development Codes
Key ADU Regulations in Texas
Current Regulations in Austin, Texas
ADUs and the Real Estate Market

The Evolution of ADUs in Texas

Traditionally, residential lots featured a single house, possibly with an attached or detached garage. The concept of adding a secondary dwelling on the same lot, known as an Accessory Dwelling Unit (ADU), has gained popularity as an efficient use of space and a potential source of income.

However, the path to ADU legality has not always been straightforward. From 1929 to 1945, homeowners had the freedom to establish multiple dwellings on their residential lots. After World War II, secondary units were often restricted to servant’s quarters. By the 1970s, regulations became more stringent, requiring approval from the Board of Adjustment and imposing additional requirements.

ADUs in Texas: A Complex Landscape

The legality of constructing and renting ADUs in Texas varies depending on your location. While Texas is generally more receptive to ADUs than some areas, there are designated zones where ADU construction is allowed, with stringent regulations in place.

Understanding Zoning and Development Codes

Zoning laws and development codes governing ADUs differ from one city or state to another, making uniform standards elusive. It’s crucial to recognize that these codes primarily pertain to ADU rentals, not their construction. Building ADUs must adhere to conventional city and state building requirements.

Key ADU Regulations in Texas

Notable regulations in Texas primarily focus on detached and attached ADUs, excluding Junior Accessory Dwelling Units (JADUs) and converted existing spaces. Deed restrictions enforce that property owners must reside in one of the dwellings, offering flexibility in choosing between the primary residence and ADU for personal use.

Furthermore, a separate parking space for the ADU is often mandated, with exceptions applying to properties within proximity to public transportation. Specific criteria may vary depending on your city or state, so thorough research and compliance with local regulations are crucial.

Current Regulations in Austin, Texas

In Austin, Texas, ADUs must meet specific requirements, including a minimum lot size of 5,750 square feet. The ADU’s size should not exceed 15% of the lot or 1,100 square feet, whichever is smaller. The structure’s footprint must not exceed 40% of the property’s space, and it should maintain a minimum separation of 10 feet from the main house.

Additionally, ADUs in Texas must adhere to specific design guidelines, with no second stories allowed, except when attached atop a garage. Height restrictions dictate that ADUs should not surpass 30 feet in height. Consistency in construction materials, colors, foundation, and roofing with the primary dwelling is also mandated.

ADUs and the Real Estate Market

The impact of ADUs on the real estate market in Texas is becoming increasingly significant due to their affordability. Smaller ADUs are a practical solution for those on a budget or with average-sized homes. While ADUs haven’t yet dominated the market, they’ve intensified competition, particularly in cities like Austin, where increased demand has driven prices higher.

Compliance with local ordinances is essential for property owners. Failure to adhere to regulations in Texas can result in fines of up to $500. Before embarking on an ADU project, thoroughly review your local zoning rules, and consult experts such as Small House Solutions to ensure compliance and a smooth process.

If you have questions about ADU regulations, don’t hesitate to reach out to your local planning department or enlist the assistance of experts in the field, like Small House Solutions. Their experienced team will guide you through the process, starting with a thorough analysis of your property, ensuring compliance with local ordinances and regulations.

Custom Design Packages Tailored to
your Project’s Specific Requirements.

Our custom design packages are tailored to your project’s specific requirements. We also offer a multitude of various 3D modeling and rendering services to give you unique perspectives of your new space before it is built.

Our full-service approach provides our clients with a smooth transition from a desire to build, to a completed development.

We handle everything under the Small House Solutions roof.

Let’s start designing, Today!