Burien, WA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- ADU definition
- Second, subordinate unit accessory to a single-family residence
- ADU requirements
- Defined by reference to BMC 19.10.120
- Rental inspection program
- ADUs exempt under BMC 5.62.040(1)(f)
- Administering department
- Burien Community Development
- Unlicensed operation penalty
- $100.00 per day for 10 days, then $250.00 per day
- Short-term rentals
- Fall under a different Burien code section
Summary
In the City of Burien, Washington, BMC 5.62.030(1) defines an accessory dwelling unit as a second, subordinate housing unit accessory to a single-family residence. Chapter 5.62 lists accessory dwelling units among the rental units it does not cover, so the three-year Rental Housing Inspection Program does not reach them.
(1) “Accessory dwelling unit or ADU” means a second, subordinate housing unit that is accessory to a single-family residence and which meets the definition and requirements of BMC 19.10.120. ... (17) “Residential housing unit” means any building or part of a building in the city of Burien that is used or may be used as a home, residence, or sleeping place by one or more persons, including but not limited to single-family residences, accessory dwelling units, duplexes, triplexes, fourplexes, townhouses, multifamily dwellings, apartment buildings, condominiums, and similar living accommodations. ... (1) Exempt Residential Housing Units. This chapter does not apply to the following residential rental units: ... (f) Accessory dwelling units; and (g) Living arrangements exempted under RCW 59.18.040.
Full Breakdown
The Burien City Council wrote ADUs into two places in the Rental Housing Inspection Program. First, BMC 5.62.030(1) defines the term and ties it to BMC 19.10.120, the section that carries the ADU requirements themselves. Second, BMC 5.62.030(17) counts accessory dwelling units inside the definition of a residential housing unit, in the same list as duplexes, triplexes, fourplexes, townhouses, multifamily dwellings and apartment buildings.
The exemption sits in BMC 5.62.040(1)(f). Alongside accessory dwelling units, the chapter exempts single-family residences, units unavailable for rent, mobile and manufactured homes, condominiums and townhomes, rental units owned or operated by a government unit, and living arrangements exempted under RCW 59.18.040. An ADU therefore stays off the three-year certificate of inspection cycle described in BMC 5.62.070.
Two points keep the exemption from being a complete answer. The business license rule in BMC 5.62.040(2) speaks of each owner or landlord renting or leasing a residential housing unit within the city limits, and that defined term includes ADUs. The penalty clause in BMC 5.62.040(2)(b) likewise refers to a residential housing unit operating without a business license. The text read here does not say how those clauses fit with the ADU exemption. Separately, BMC 5.62.040(2)(a) says short-term rentals such as AirBNB and VRBO fall under a different Burien Municipal Code and can require a Burien business license there, and BMC 5.62.020 makes the more restrictive provision control when two code provisions conflict. Burien Community Development, the department that runs the program, administers all of it.
Violations & Fines
Chapter 5.62 states that it does not apply to accessory dwelling units, so its inspection penalties are not aimed at them. The business license penalty in BMC 5.62.040(2)(b) is $100.00 per day for the first 10 days a residential housing unit operates without a valid and current business license and $250.00 per day for each day after 10 calendar days, on top of Chapter 5.05 BMC penalties. Whether that daily penalty reaches an unlicensed ADU rental is not answered by the text read.
Frequently Asked Questions
Does a Burien ADU need a rental inspection certificate?
What counts as an ADU under Burien code?
Is an ADU a residential housing unit in Burien?
Can I rent a Burien ADU as an AirBNB or VRBO?
Sources & Official References
Other rules in Burien
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