San Antonio, TX Accessory Structures: ADU Owner Occupancy (2026)

Sec. 35-371(a)(1) of the Unified Development Code ties every accessory dwelling permit to owner occupancy. The property owner, defined to include title holders and contract purchasers, must make either the principal unit or the accessory dwelling their permanent legal residence, and can never collect rent on the unit the owner occupies. "Owner occupancy" is proven through title records plus evidence such as voter registration or vehicle registration showing the owner's legal residence is at the site. Before the city will issue an accessory dwelling permit, the owner must sign an affidavit before a notary public affirming that they occupy either the main building or the accessory dwelling.

The applicant must also record a covenant with the county recorder that puts future owners and long-term tenants on notice that occupancy of the accessory dwelling is conditioned on owner occupancy of either the accessory unit or the principal dwelling. Because the covenant runs with the land, the owner-occupancy condition survives a sale; a new owner who wants to keep renting out the accessory dwelling must personally satisfy the same occupancy requirement or the arrangement falls out of compliance. The requirement applies to both attached and detached accessory dwellings authorized under Sec.

35-371 and works alongside the separate permit requirement in subsection (a)(2), which bars construction, use, or occupancy of any accessory dwelling before a permit issues.