Salt Lake City, UT Accessory Structures: ADU Owner Occupancy (2026)

Owner-occupancy is the lynchpin of Utah's internal ADU framework. Utah Code 10-9a-530, enacted by HB 82 (2021), defines an internal ADU as one created within a 'primary owner-occupied single-family dwelling' and authorizes municipalities to require the owner of the property to occupy either the primary dwelling or the ADU as a principal place of residence. Salt Lake City Code 21A.40.200 implements this requirement and allows the city to require an owner-occupancy affidavit recorded against the property. If the owner ceases to occupy either unit, the internal ADU use is no longer a permitted use under state law and the property may be required to either: (a) reinstate owner-occupancy, (b) discontinue rental of the ADU, or (c) seek alternative zoning approval. Detached ADUs in Salt Lake City have historically also been subject to owner-occupancy expectations, although the city's post-2018 ordinance liberalized treatment of detached units. Owners selling the property must disclose the ADU and the new buyer becomes subject to the same owner-occupancy requirement to maintain the ADU as a permitted rental.