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Santa Fe, NM Accessory Structures: ADU Rules (2026)

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

ADU rules in Santa Fe, NM, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Size cap
1,500 sq ft or principal home's area, smaller wins
Density limit
One ADU per legal lot of record
Rental rule
Owner may rent house or ADU short-term, not both
Parking credit
On-street space counts if street is 35+ feet wide
Subdivision limit
Cannot be sold separately from the main house

Summary

Santa Fe caps an accessory dwelling unit at 1,500 square feet or the principal home's floor area, whichever is smaller, and allows only one ADU per lot of record under Land Development Code Section 14-6.3(D)(1). Owners can rent out the ADU or the main house as a short-term rental, but never both units at once.

Accessory dwelling units located on residentially zoned property: ... (c)are exempt from the density restrictions set forth in this Chapter 14; provided, however, that only one accessory dwelling unit shall be permitted per legal lot of record and provided further that nothing herein is intended to supersede private covenants or other restrictions;(d)shall not exceed either the gross floor area of the principal dwelling unit or one thousand five hundred square feet, whichever is less; ... (g)may be rented as follows:(i)by the owner-occupant, who may rent either the principal dwelling unit or the accessory dwelling unit as a short-term rental unit but not both, as a short term rental unit pursuant to Section 14-6.2(A)(5) during which time, the owner-occupant shall occupy either the principal dwelling unit or the accessory dwelling unit; or(ii)by the property owner, who may rent the principal dwelling unit and/or the accessory dwelling unit for periods of not less than thirty (30) days;

Full Breakdown

3(D)(1) treats an accessory dwelling unit on residentially zoned property as exempt from the density restrictions elsewhere in Chapter 14, but caps the trade-off at one ADU per legal lot of record, and the exemption does not override any private covenant that restricts ADUs. Size is limited to whichever is smaller: the gross floor area of the principal dwelling unit or 1,500 square feet. 2-1. Every ADU must also meet the design standards that apply to the lot generally, including any Section 14-5 overlay district rules, so an ADU in a historic district still has to clear Historic Districts review.

6, but the code lets an abutting legal on-street parking space count toward that requirement if the street carries no residential parking permit restriction, measures at least 35 feet curb to curb, and has no posted no-parking restriction; that on-street space cannot be reserved for the property and stays open to the general public. 2(A)(5), but not both at the same time, while a non-owner-occupant landlord may rent either or both units only for stays of 30 days or more. An ADU cannot be subdivided or sold separately from the principal dwelling unit unless it independently meets every requirement for a principal dwelling unit.

Violations & Fines

An ADU that violates size, parking, design or rental requirements under Section 14-6.3(D)(1) can have its certificate of occupancy revoked under Article 14-11 Enforcement, and using an on-street parking credit space exclusively for the property, rather than keeping it open to the public, is itself a violation of the parking-credit conditions.

Frequently Asked Questions

How big can an accessory dwelling unit be in Santa Fe?
No larger than 1,500 square feet, and no larger than the gross floor area of the principal dwelling unit if that number is smaller. Section 14-6.3(D)(1)(d) sets the cap at whichever of those two figures is less, so a small main house limits the ADU to match it.
Can I rent both my house and my ADU as short-term rentals at the same time?
No. Section 14-6.3(D)(1)(g)(i) lets an owner-occupant rent either the principal dwelling unit or the accessory dwelling unit as a short-term rental, but requires the owner to occupy whichever unit is not being rented, so both units cannot be short-term rentals simultaneously.
Can I sell my ADU separately from my main house?
Not unless the ADU independently meets every requirement for a principal dwelling unit. Section 14-6.3(D)(1)(i) bars subdividing or selling an accessory dwelling unit under separate ownership from the principal dwelling unit otherwise.

Sources & Official References

Other rules in Santa Fe

All Santa Fe rules

How Santa Fe compares: Easiest Cities to Build an ADU·Compare Santa Fe to another location·View the New Mexico accessory structures overview

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