Philadelphia, PA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- Philadelphia Code § 14-604(11)(e)
- Requirement
- Owner must occupy principal or ADU
- Mechanism
- Recorded affidavit + deed restriction
- Removal
- Requires Zoning Board approval
- Units per lot
- One ADU maximum
Summary
An accessory dwelling unit or the main house must stay owner-occupied, locked in by a recorded deed restriction before final occupancy.
The principal dwelling unit or the accessory dwelling unit must be occupied by the owner of the subject lot. Before final occupancy of the accessory dwelling unit, the property owner shall record an affidavit and deed restriction, stating that the property owner will reside on the property, in either the principal or accessory dwelling unit. Once recorded, the deed restriction (requiring owner occupancy) may not be removed or modified without Zoning Board approval.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 Code: Electronic version of The Philadelphia Code and Home Rule Charter is current through August 19, 2026).
Full Breakdown
Philadelphia's zoning code lets homeowners add one accessory dwelling unit to a single-family lot, but it comes with a permanent string attached: either the principal dwelling or the ADU must be occupied by the lot's owner. Before the city signs off on final occupancy of the ADU, the property owner has to record an affidavit and deed restriction stating they'll live in either unit. Once that deed restriction is recorded, it can't be removed or modified without Zoning Board of Adjustment approval, so it runs with the property, not just the current owner's intentions.
Violations & Fines
Occupying neither unit as owner, or removing the recorded deed restriction without Zoning Board approval, puts the ADU out of compliance and can block final occupancy sign-off or trigger enforcement by the Department of Licenses and Inspections.
Frequently Asked Questions
Can I rent out both the main house and the ADU?
Can the deed restriction be removed later if I sell?
Sources & Official References
Other rules in Philadelphia
Compare Philadelphia to another location·View the Pennsylvania accessory structures overview
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