Are ADUs legal in Texas?
Yes, conditionally — Texas permits ADUs on qualifying lots per HB 1922 (2023). Larger cities generally lead adoption; smaller municipalities may apply variance or conditional-use permit requirements.
What are the size limits on an ADU in Texas?
Texas permits ADUs up to approximately 1000 square feet per HB 1922 (2023). Individual municipalities may set lower caps; verify with your city or county planning department before ordering.
Do I need a permit for an ADU in Texas?
Yes — every ADU in Texas requires a building permit issued by the city or county. The permit process typically runs 30-90 days depending on jurisdiction, complexity, and whether discretionary review is triggered.
Can I rent out my ADU in Texas?
Long-term rental is generally permitted in Texas where the ADU itself is legal. Short-term rental (under 30 days) is subject to municipal registration and may require additional permits; check with your local planning department.
Does Texas require owner-occupancy on the primary residence when I have an ADU?
No — Texas does not require owner-occupancy under state statute per HB 1922 (2023). Local ordinances may still add owner-occupancy requirements in specific cities.
What zoning districts allow ADUs in Texas?
Most Texas municipalities permit ADUs in single-family residential zones (R-1, R-2 equivalent). Texas HB 1922 (2023) preempted municipal ADU bans in cities over 90,000. Austin, Dallas, Houston, and San Antonio all permit ADUs (casitas/accessory apartments) by-right or with permit. Consult your city zoning code for the specific district table.
How long does an ADU permit take in Texas?
Typical ADU permit timelines in Texas run 30-90 days from application to approval. Fast-permitting counties can move in under 30 days; metro-core jurisdictions with discretionary review can extend to 150+ days.
Are there setback requirements for an ADU in Texas?
Yes — most Texas municipalities apply the same setback requirements to ADUs that apply to the primary structure (typically 5-10 feet rear and side, 15-25 feet front). Some cities apply reduced setbacks specifically for detached ADUs. Verify with your city zoning code.
Can I finance an ADU purchase in Texas?
Yes — several financing pathways cover ADU purchases in Texas: Fannie Mae HomeStyle Renovation, FHA 203(k), construction-to-perm loans, HELOC on the primary residence, and cash. Check with modular-friendly lenders like 21st Mortgage, Cascade Financial, and Triad Financial for the Texas-specific product.
What's the difference between an ADU and a JADU in Texas?
The JADU (Junior ADU) category originated in California and is not a distinct legal category in Texas. Most Texas municipalities regulate internal conversions and detached units under a single ADU/accessory apartment definition.