Denver, CO Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Ownership rule
- ADU must share owner with main house
- Occupancy proof
- 2 of 6 listed documents required
- Exception
- Simultaneous new-construction ADUs exempt
- DHA exemption
- Denver Housing Authority properties exempt
Summary
Denver requires an accessory dwelling unit to stay under the same ownership as the main house, and the owner must live on site before getting an ADU permit.
A. Ownership of Primary and Accessory Dwelling Units The Accessory Dwelling Unit use shall be operated and maintained under the same ownership as the Primary Dwelling Unit use to which it is accessory. ... at least one owner of the existing Primary Dwelling Unit shall occupy the existing Primary Dwelling Unit as the owner's primary residence.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 147 Update 3).
Full Breakdown
Under the Denver Zoning Code, an ADU cannot be rented out under separate ownership from the primary house: both must be operated and maintained under the same owner. Before permitting a new ADU in a single-unit district, at least one owner of the primary dwelling must occupy it as their primary residence (proven via two of: vehicle registration, driver's license, Colorado ID, voter registration, tax documents, or a utility bill), unless the ADU is being built simultaneously with a new primary house. The rule doesn't apply to ADUs accessory to homes owned by the Denver Housing Authority.
Violations & Fines
Building or renting an ADU under separate ownership from the primary home, or applying for an ADU permit without an owner occupying the primary residence, violates the zoning use limitation and can block permit approval or trigger a zoning enforcement case through Community Planning and Development.
Frequently Asked Questions
Can I rent out my Denver ADU to a long-term tenant?
Do I have to live on the property to get an ADU permit in Denver?
Sources & Official References
Other rules in Denver
Compare Denver to another location·View the Colorado accessory structures overview
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