Texas ranks among the top states in the country for ADU activity, and yet search "ADU rules" and nearly everything that comes back is written for California. Different size caps. Different owner-occupancy laws. None of it applies to you. If you're trying to figure out ADU permits in Texas for your specific city, you've probably already hit that wall.
Here's the short version: Texas has no statewide ADU law. Every rule — size, setbacks, parking, whether you can even build one — is set city by city, sometimes county by county. Austin and Houston are the most permissive. Dallas makes you clear real hurdles. San Antonio allows it but requires you to live on-site. This guide breaks down what each of the big four Texas cities actually allows, plus the one thing that trips up more people than any city ordinance: deed restrictions.
Texas ADU regulations: the state-level picture
No statewide mandate, no statewide cap. Unlike California or Oregon, Texas doesn't force cities to allow ADUs or set a uniform size limit. Each city decides for itself, which is exactly why Austin and Dallas can have completely different rules despite sitting a few hours apart.
Owner-occupancy is NOT a statewide requirement, but it's not uniformly optional either. There's no state law requiring you to live in one of the two units. But some cities impose their own owner-occupancy rule regardless — San Antonio requires it outright. Austin and Houston don't. Dallas ties ADU legality to owner presence on the property. You have to check city by city.
Austin ADU rules (2026)
Austin has become one of the more ADU-friendly cities in the country, largely because of the HOME Initiative, a series of zoning reforms adopted starting December 2023.
- Status: Allowed by right in SF-1, SF-2, and SF-3 zoning districts.
- Size limit: Austin has moved away from a flat square-footage cap. Size is now governed by building coverage (commonly capped around 40% of lot area) and impervious cover limits (around 45%).
- Lot size minimum: Commonly cited around 2,500 sq ft, down from the old 5,750 sq ft minimum.
- Setbacks: Standard residential setbacks generally apply — commonly cited around 25 ft front, 5 ft side, 10 ft rear.
- Parking: None required. Austin eliminated ADU parking requirements in November 2023.
- Owner-occupancy: Not required. You can rent both the main house and the ADU.
- Utilities: Can often share connections with the main house.
- Timeline: Roughly 8–14 weeks for a standard application.
- Key gotcha: HOA covenants and private deed restrictions can prohibit ADUs entirely, regardless of what the city allows.
Houston ADU rules (2026)
Houston doesn't have traditional zoning, which changes the whole conversation. The real gatekeeper is whether your specific subdivision has deed restrictions.
- Status: Broadly allowed. Because Houston has no zoning ordinance, there's no zoning-based prohibition on ADUs citywide.
- Size limit: Commonly cited at up to 900 sq ft.
- Lot size minimum: No zoning-based minimum.
- Setbacks: Development Code sets a general building line requirement from the street — commonly 10 ft for lots under 10,000 sq ft and 25 ft for larger lots.
- Parking: Confirm with the Houston Permitting Center.
- Owner-occupancy: Not required by the city.
- Utilities: Can typically share connections with the main house.
- Timeline: Roughly 6–12 weeks for plan review and permitting.
- Key gotcha: Deed restrictions are the real obstacle in Houston, not zoning. Roughly 45% of Houston properties carry deed restrictions that can limit or prohibit additional dwelling units.
Dallas ADU rules (2026)
Dallas is the outlier among the big four: ADUs are not allowed by right in most single-family zones.
- Status: Conditionally allowed. You need either an approved Accessory Dwelling Unit Overlay (ADUO) or a Board of Adjustment special exception.
- Size limit: Commonly cited around 800–900 sq ft depending on the approval path.
- Lot size minimum: Most single-family Dallas lots fall in R-7.5 (7,500 sq ft minimum) or similar categories.
- Setbacks: Vary by approval path.
- Parking: Garage conversions specifically require replacement parking.
- Owner-occupancy: Commonly required in practice — Dallas generally ties ADU legality to the main house or the ADU being owner-occupied.
- Timeline: Permit review itself often runs 50–75 days, but the ADUO petition process can add months.
- Key gotcha: Dallas is in the middle of "ForwardDallas 2.0," a comprehensive zoning rewrite expected to advance through 2026–2027, which could change ADU rules meaningfully.
San Antonio ADU rules (2026)
San Antonio permits ADUs by right in specific residential zoning districts — but it's the one major Texas city that still requires owner-occupancy, with real paperwork behind it.
- Status: Allowed by right in qualifying residential districts.
- Size limit: Can't exceed 800 sq ft, or 50% of the primary structure's gross floor area — whichever applies.
- Lot size minimum: Varies by zoning district.
- Setbacks: Commonly cited around 20 ft.
- Parking: Only required if the ADU exceeds 800 sq ft.
- Owner-occupancy: Required and enforced with real documentation. The property owner must occupy either the main house or the ADU as their permanent residence, sign a notarized affidavit, and record a covenant.
- Utilities: Can be separately metered or share service with the main structure.
- Timeline: Roughly 90–120 days.
- Key gotcha: The city has offered fee waivers on development and permitting fees for qualifying ADU projects as part of its affordable housing push — worth asking whether your project qualifies.
How to find out if YOUR city allows ADUs
- Know your exact jurisdiction. "Austin area" isn't specific enough — you need to know whether you're inside city limits, in the extraterritorial jurisdiction (ETJ), or in an unincorporated county area.
- Check the zoning code online. All four major Texas cities publish their development code and zoning maps through their planning department websites.
- Call the planning department directly. Ask specifically: "Are ADUs allowed in my zone? What are the current size, setback, parking, and occupancy rules?"
- Check for deed restrictions and HOA covenants. This is the step people skip, and it's the one most likely to blow up a project. A title company or the county clerk's office can pull them for a small fee.
Before you hire anyone
Every one of these city rules can shift with the next council vote or legislative session — that's the nature of ADU policy in Texas right now. The one constant is that you need someone who knows your specific city's current requirements before you spend money on design.
Send us your address and city, and we'll tell you honestly whether an ADU is allowed on your property, what the current size and setback limits look like for your zoning district, and what you'd need to get it permitted. Start with ADU drafting services Texas.