Texas · ADU Eligibility Checker

Texas ADU Eligibility Checker

Texas has no statewide ADU law. SB 673 died in the 2025 legislative session without a House floor vote, and prior bills have also failed. Whether you can build an ADU on your Texas property depends entirely on your city's zoning ordinance or your unincorporated county's rules — plus whatever your HOA's CC&Rs say.

Statewide ADU mandate
None
Rules set by
Local jurisdiction
HOA override
None (CC&Rs enforceable)

ADU Eligibility Checker

Find out if you can build an ADU on your property. Enter your details below for an instant assessment based on state and local regulations.

Property Details

6,000 sq ft
1,000 sq ft50,000 sq ft

Eligibility Assessment

Texas · 6,000 sq ft lot · Single-Family zoning

Unlikely Eligible

Significant barriers exist — local exceptions may apply

Confidence:
low — limited data

Key Rules & Restrictions

No statewide ADU mandate — check local ordinances for your city

Texas ADU Legislation

Key legislation: No statewide law

  • •SB 673 (2025) died without a House vote — NO statewide ADU law
  • •ADU rules vary entirely by jurisdiction
  • •Austin, Houston, and San Antonio have local ADU-friendly ordinances
  • •HOAs frequently restrict ADUs — check CC&Rs carefully

Recommended Next Steps

1Contact your local planning department to check if your city has an ADU ordinance
2Search your city's municipal code for "accessory dwelling unit" or "granny flat" provisions
3Consider hiring a land-use attorney to explore options

Important: This is general guidance based on state law. Local ordinances, overlay zones, and specific property conditions may affect eligibility. Always verify with your local planning department before starting any ADU project.

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The No-Statewide-Mandate Reality

The calculator cannot confidently green-light a Texas property the way it can a California or Washington lot, because Texas has not enacted any statewide ADU framework. SB 673 (2025) would have required Texas cities above 4,000 population to allow ADUs on single-family lots, but the bill died in Messages without a House vote, making the 2025 session the third consecutive session where a statewide Texas ADU bill failed. As a result, whether you can build an ADU depends on: (1) your specific city's zoning ordinance, (2) if you're in an unincorporated area, your county's rules and the Texas Property Code's deed-restriction enforcement, and (3) your HOA's CC&Rs, which Texas courts broadly enforce. The calculator defaults to a yellow traffic light for most Texas properties because the answer is 'check locally' rather than a clean yes or no.

How Texas's Major Cities Approach ADUs

Austin has one of the more ADU-friendly ordinances in Texas, with specific ADU provisions in its Land Development Code, reduced setbacks for ADUs, and no owner-occupancy requirement. Houston uniquely has no traditional zoning but regulates through minimum lot sizes, lot-coverage rules, and deed restrictions — many Houston lots allow accessory structures but deed restrictions often block them. Dallas allows ADUs in limited residential zones under specific conditions; the 2023 zoning ordinance update narrowed rather than expanded ADU rights in some districts. San Antonio allows ADUs via conditional use permit in several residential categories. Smaller Texas cities (Plano, Frisco, McKinney, Sugar Land, Arlington, Lubbock, Amarillo) range from 'explicitly allowed' to 'not addressed' to 'effectively prohibited via duplex zoning requirements.' The right first step is a phone call to your city's planning department with your parcel address.

HOA CC&Rs in Texas

Texas is one of the more HOA-empowered states in the country. The Texas Property Code Title 11 provides broad authority for HOAs to enforce deed restrictions including ADU prohibitions, and Texas courts have consistently upheld CC&R language limiting accessory dwellings. There is no state-level preemption equivalent to California's Civil Code 4751 or Oregon's HB 2138. If your HOA's CC&Rs prohibit accessory dwellings, home rentals, or second dwelling units, you're effectively blocked — an ADU built in violation of CC&Rs exposes you to fines, liens, and injunctive relief. The practical path if you face HOA restrictions: amend the CC&Rs via the supermajority vote specified in your governing documents (typically 67% or 75%), or accept the restriction. Check your CC&Rs before any design work.

Disclaimer: Estimates on this page are based on state-level data and do not replace consultation with your local planning department, licensed contractor, or tax advisor. Verify rules and costs with local sources before starting any project.

Frequently Asked Questions

Why doesn't Texas have a statewide ADU law?
Texas's tradition of local control and property rights has consistently run in tension with statewide housing mandates. Bills in 2021, 2023, and 2025 attempted to require cities to allow ADUs on single-family lots, but each died without reaching a floor vote. The opposition has come from a mix of local control advocates, HOA interests, and concerns about preempting municipal zoning. There's no immediate indication that a statewide bill will pass in the 2027 session.
Can I build an ADU in Houston's 'no zoning' system?
Possibly, but the answer depends on your lot's deed restrictions, minimum-lot-size rules, lot-coverage rules, and any municipal utility district (MUD) requirements. Houston has no traditional zoning, but the Planning Commission enforces a web of regulations that often act like zoning in practice. Deed restrictions in older Houston neighborhoods (River Oaks, Tanglewood, Memorial) often explicitly prohibit accessory dwellings. Newer master-planned communities typically prohibit them via CC&Rs. Post-1998 subdivisions are more variable.
My Austin neighbor has an ADU. Can I build one too?
Probably yes, but verify. Austin allows ADUs in SF-3 (single-family medium-density) and more permissive zones, which covers a large share of the city. You'll still need to meet setbacks, lot coverage, height, and impervious-cover limits. Austin's planning department can confirm in about a week whether a specific lot qualifies based on its zoning designation and any overlays (neighborhood plan, historic district, environmental).
What if my city doesn't have an ADU ordinance at all?
Then a second dwelling is typically classified as a duplex, which requires duplex-permissive zoning. If your lot is zoned strictly single-family with no ADU carve-out, you probably cannot build a second dwelling without a zoning variance, planned unit development, or rezoning request — all of which are uncertain and often expensive paths. The practical first step is to call your city's planning department and ask directly: 'Is there any permitted path to a second dwelling on this lot?'
How do I amend our HOA's CC&Rs to allow ADUs?
Check the amendment provision in your CC&Rs — it typically requires a supermajority vote of owners (commonly 67% or 75%) plus approval from any mortgagee. Build the case by documenting property-value and rental-income benefits, circulate the proposed amendment language to the board, and campaign among neighbors. This is a months-long process and often fails if even a vocal minority opposes. Factor a 20–40% success probability into your planning.

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