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Highlands County, FL Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies in
EU Estate, AU Agricultural, R-1A districts
Governing section
Highlands County Code Section 12.05.201.B.10
Condition
Owner must sign no-rental agreement
R-1A process
Board of Adjustment special exception
Enforcement
Code Enforcement Special Magistrate, ch. 2 art. XII

Summary

In unincorporated Highlands County, a guesthouse built as an accessory to a single-family home is allowed only if the owner signs an agreement that it will not be used for rental purposes. The restriction applies in the EU Estate, AU Agricultural and R-1A residential districts, and Development Services enforces it through the zoning permit process for the accessory structure.

These county ordinances apply to unincorporated areas of Highlands County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

10.One guesthouse as an accessory to a principal dwelling, provided that the owner shall sign an agreement that such guesthouse will not be used for rental purposes.

Full Breakdown

Highlands County's zoning code allows a guesthouse only as an accessory use tied to a principal single-family dwelling, never as an independent rental unit. 10 lists 'one guesthouse as an accessory to a principal dwelling' as a permitted principal use, but only if the owner signs an agreement that it will not be used for rental purposes. 19. 2, again conditioned on the same signed no-rental agreement. Development Services requires the agreement before it will sign off on the accessory structure permit, and the recorded condition runs with the approval rather than expiring.

Because the restriction is written into the permitted-use and special-exception language itself, a guesthouse used as a short-term or long-term rental is outside the use the county actually approved, regardless of whether the structure otherwise meets size, setback or height standards for an accessory building.

Violations & Fines

Renting a guesthouse breaks the no-rental agreement filed with the county, turning the approved accessory use into a code violation. Development Services' Code Enforcement Division can cite the property owner, and an unresolved case can be referred to the county's Code Enforcement Special Magistrate under chapter 2, article XII of the county code, which can impose fines and record a lien against the property until the rental use stops.

Frequently Asked Questions

Can I rent out a guesthouse in unincorporated Highlands County?
No. Highlands County Code Section 12.05.201.B.10 permits a guesthouse in the EU Estate District only as an accessory to a principal dwelling, and the property owner must sign an agreement that the guesthouse will not be used for rental purposes. The same no-rental condition applies to guesthouses in the AU Agricultural District and to guesthouses approved as a special exception in the R-1A residential district.
What is a guesthouse under the zoning code?
The code treats a guesthouse as a small residential structure accessory to the main home on the same lot, not a separate rental unit. It must remain subordinate to the principal dwelling, and the owner's signed no-rental agreement is filed as a condition of the accessory use before Development Services will approve the structure.
What happens if a Highlands County guesthouse is rented anyway?
Renting a guesthouse breaks the no-rental agreement filed with the county, turning the accessory use into a code violation. Development Services' Code Enforcement Division can cite the property, and unresolved cases go to the county's Code Enforcement Special Magistrate, which can impose fines and record a lien against the property under chapter 2, article XII of the county code.

Sources & Official References

Other rules in Highlands County

All Highlands County rules

Florida rules heatmap·Compare Highlands County to another location·View the Florida accessory structures overview

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