Nashua, NH Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy
- Owner must live in primary or ADU
- Covenant
- Filed with Hillsborough County registry of deeds
- Permit hold
- Building permit contingent on covenant filing
- Housing type
- Single-family detached dwellings only
- Ownership
- Primary and ADU can't be separately owned
Summary
Nashua's accessory dwelling unit ordinance requires the property owner to live in either the primary house or the ADU as their principal residence, backed by a recorded covenant filed with the county registry of deeds.
The owner of the property must occupy either the primary or accessory dwelling unit as the owner's principal place of residence.
(6) The owner of the property shall provide the City of Nashua with a covenant for filing with the Hillsborough County registry of deeds, along with the appropriate filing fees. The covenant shall read substantially as follows: "_____of _____ covenants and agrees that the property located at _____ contains an accessory dwelling as defined by the City of Nashua Land Use Code (§ 190-264 of Article XLII). The continued use of the accessory dwelling unit is conditioned upon compliance with all current and subsequently adopted ordinances and statutes applicable to the property." The granting of a building permit for the accessory dwelling unit shall be contingent upon receipt of the covenant and fees.
(7) One additional off-street parking space is required above the minimum standard for a single-family house, either on-site or at an off-site location and legally dedicated via a lease agreement or other instrument deemed acceptable by the Administrative Officer.
(8) Attached accessory dwelling units shall either have an independent means of ingress and egress or ingress and egress through a common space shared with the principal dwelling.
(9) The single-family dwelling and the accessory dwelling unit shall not be separated in ownership (including by condominium ownership).
(10)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4805762; v29 updated 2026-02-10; through 02-10-2026).
Full Breakdown
Under § 190-32(B)(5) of Nashua's Land Use Code, the owner of any property with an accessory dwelling unit must occupy either the primary structure or the ADU as their principal place of residence: the ADU can't be a pure rental with the owner living off-site. The owner must also record a covenant with the Hillsborough County Registry of Deeds referencing this condition, and the City withholds a building permit for the ADU until that covenant and its filing fees are received. The rule applies only to single-family detached dwellings; ADUs can't be split off in separate ownership, including by condominium.
Violations & Fines
Continued use of the ADU is conditioned on compliance with all current and subsequently adopted ordinances and statutes; breaching the recorded owner-occupancy covenant can jeopardize the ADU's authorized status under § 190-32(B)(6).
Frequently Asked Questions
Can I rent out both the house and the ADU and live elsewhere?
What paperwork does the owner-occupancy rule require?
Sources & Official References
Other rules in Nashua
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