Lubbock, TX Accessory Structures: ADU Owner Occupancy (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?
What happens to my ADU's approval if I sell the house?
How big does my lot need to be for an ADU in Lubbock?
Sources & Official References
Other rules in Lubbock
Texas rules heatmap·Compare Lubbock to another location·View the Texas accessory structures overview
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