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Lubbock, TX Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
UDC § 39.02.020(e)
Core requirement
Owner lives in primary or accessory unit
Applies in
RE, SF-1, SF-2, MDR (new); HDR (existing)
Min. lot area
10,000 sq ft; 6,000 in Infill Overlays
Approval limit
1 primary + 1 accessory unit per lot
Ends when
Neither unit is owner-occupied

Summary

Lubbock only allows an accessory dwelling unit on a residential lot where the property owner lives in either the primary house or the ADU itself, and approval automatically ends if neither unit stays owner-occupied after a sale.

A. Previously existing accessory dwelling units. i. In RE, SF-1, SF-2, MDR, and HDR districts, an accessory dwelling unit ... is permitted on a parcel where the owner of the property lives in either the primary or accessory unit. B. New accessory dwelling units. i. In RE, SF-1, SF-2, and MDR districts, an accessory dwelling unit is permitted on a parcel where the owner of the property lives in either the primary or accessory unit. 5. Termination of approved status. A change in ownership shall not affect the status as an approved accessory dwelling unit provided either the primary or accessory dwelling unit is owner-occupied. Such status shall cease to exist if at least one of the two dwelling units on the development tract is not occupied by the owner of the property.

Full Breakdown

020(e) of the Lubbock UDC ties ADU approval directly to owner-occupancy. For new units in the RE, SF-1, SF-2, and MDR districts, and for units allowed in Mixed Use districts alongside House, Duplex, or Multiplex housing types, the code requires that an accessory dwelling unit sit on a parcel where the owner of the property lives in either the primary or the accessory unit; the applicant must submit an affidavit explaining why the ADU qualifies under this owner-occupancy standard. Previously existing ADUs in the RE, SF-1, SF-2, MDR, and HDR districts get the same owner-occupancy condition, but the code treats them separately: an existing unit is exempt from the newer structural standards in this Subsection, and the Director of Planning may instead classify it as a nonconforming use or structure.

The owner-occupancy condition does not vanish just because the property changes hands. Subsection 5, Termination of approved status, provides that a change in ownership does not by itself end the ADU's approved status as long as either the primary or the accessory unit continues to be occupied by the property's owner, but that approved status ceases entirely the moment neither of the two dwelling units on the tract is owner-occupied. Approval is further capped at one primary dwelling and one accessory dwelling per lot, and a minimum lot area of 10,000 square feet applies citywide, dropping to 6,000 square feet inside the Neighborhood Infill Overlay or Community Infill Overlay districts.

Violations & Fines

An ADU that loses owner-occupied status because neither the primary nor accessory unit is occupied by the property owner loses its approved status automatically under Subsection 5; continuing to rent or use the unit after that point makes it an unpermitted accessory dwelling, subject to Code Enforcement action and potential requirement that the unit be vacated, converted to a conforming accessory use, or removed.

Frequently Asked Questions

Do I have to live at the property to build an ADU in Lubbock?
Yes. UDC Section 39.02.020(e) requires the accessory dwelling unit to sit on a parcel where the property owner lives in either the primary house or the accessory unit, and you must submit an affidavit with your application explaining how you meet that standard.
What happens to my ADU's approval if I sell the house?
A change in ownership alone does not end the ADU's approved status, but under Subsection 5 that status ends the moment neither the primary nor the accessory unit is occupied by the new owner, turning the ADU into a nonconforming or unpermitted structure.
How big does my lot need to be for an ADU in Lubbock?
A minimum of 10,000 square feet citywide, reduced to 6,000 square feet for lots inside the Neighborhood Infill Overlay or Community Infill Overlay districts, and only one accessory dwelling unit is allowed per lot.

Sources & Official References

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