San Antonio requires the property owner to occupy either the principal dwelling or the ADU as their permanent residence under UDC Β§ 35-372. A notarized owner-occupancy affidavit must be submitted with the permit application and a covenant must be recorded with the Bexar County Clerk. Renting both units to non-owner tenants is prohibited.
Owner occupancy is a core requirement of the San Antonio ADU ordinance under UDC Β§ 35-372. The property owner must use either the main house or the ADU as their permanent residence, evidenced by voter registration, driver's license address, and/or vehicle registration matching the property. A notarized affidavit attesting to owner occupancy is required at permit submittal, and a deed restriction/covenant must be recorded with the Bexar County Clerk before the certificate of occupancy issues. Both units cannot be rented to non-owners simultaneously. The covenant runs with the land and binds future owners until released by the city. San Antonio has not joined the California-style movement (AB 68/881/671) lifting owner-occupancy mandates β Texas state law does not preempt local owner-occupancy rules. If the owner moves out, the ADU loses its legal status and may face code enforcement. Trustees and LLC-owned properties face additional scrutiny because corporate entities cannot satisfy the personal-occupancy test.
Operating an ADU without satisfying owner occupancy is a code violation. DSD may revoke the certificate of occupancy and refer the matter to Municipal Court. Fines up to $500 per day apply for ongoing violations. Renting both units to non-owners can trigger STR enforcement under UDC Β§ 35-374.01.
San Antonio, TX
San Antonio noise ordinance quiet hours are 10 PMβ6 AM SunβThu and 11 PMβ6 AM FriβSat (City Code Ch. 21, Art. III). Residential cap 63 dB(A) day / 56 dB(A) n...
San Antonio, TX
All possession, sale, use, transport, and manufacture of fireworks is prohibited within San Antonio city limits and within 5,000 feet of those limits, per th...
San Antonio, TX
San Antonio has no city ordinance regulating residential lawn ornaments, statuary, or religious displays. Property owners may install yard decorations year-r...
San Antonio, TX
San Antonio has no city ordinance specifically regulating inflatable holiday displays (giant Santas, snowmen, pumpkins). Inflatables are permitted on residen...
San Antonio, TX
San Antonio has no city ordinance specifying installation or removal dates, brightness limits, or amplified audio rules for residential holiday light display...
San Antonio, TX
Built-in outdoor kitchens in San Antonio require multiple permits through the Development Services Department: a Residential Improvements building permit, a ...
See how San Antonio's adu owner occupancy rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.