Hamilton County, TN Accessory Structures: ADU Owner Occupancy (2026)

Section 304, Ownership, requires that an ADU be owned by the same person or persons who own the principal dwelling unit; the two cannot be split into separate parcels or separately conveyed, and the ADU can never be converted into a horizontal ownership regime or a fee-simple condominium. Section 304(2) adds the occupancy piece: the property owner or owners must occupy one of the two dwelling units, either the main house or the ADU, as their permanent residence. ' Together the sections mean an absentee owner cannot add an ADU and rent out both units; one of the two must be the owner's actual home.

Section 302(4) separately notes the resolution does not override homeowner association rules or deed restrictions on ADUs, and the county will not enforce private covenants that conflict with the ordinance. Because the ADU cannot be subdivided from the principal lot, a buyer cannot purchase the accessory unit alone, which forecloses the kind of investor-owned in-law suite common in places without an owner-occupancy rule. The requirement is checked at the building-permit and zoning-compliance stage administered through the Hamilton County Building Inspections Office referenced in Sections 306(9) and 307 for non-conforming units.