Accessory Structures in Albuquerque, NM

Every city handles accessory structures a little differently. In Albuquerque, New Mexico, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Tiny Homes

Albuquerque treats permanent backyard tiny homes as accessory dwelling units (casitas) under the IDO, capped at 750 square feet, and the City offers free pre-approved casita construction plans from 450 to 750 square feet as part of its Housing Forward ABQ initiative.

Key details: Code Section: IDO 14-16-4-3(F)(6) (regulated as ADU/casita). Max size: 750 sq ft gross floor area. Pre-approved plan sizes: 450, 550, 650, 750 sq ft (flat or pitched roof). Setback: 5 ft side or rear minimum. Number per lot: 1 in R-A, R-1, R-T, R-ML.

Installing a permanent tiny home without meeting the ADU standards or obtaining a building permit can result in code-enforcement action, after-the-fact permitting, and required correction or removal under IDO Part 14-16-8 and Article 14-1 of ROA 1994. Using a tiny house on wheels as a permanent residence where not permitted is a separate zoning violation.

The rules around tiny homes in Albuquerque lean permissive, but that does not mean anything goes.

Garage Conversions

Converting a garage into habitable space in Albuquerque requires a building permit with full plans, and a converted bedroom must have an egress window with at least 5.7 square feet of net clear openable area; converting a garage into a casita is regulated as an ADU under the IDO.

Key details: Code Section: ROA 1994 Art. 14-1 (2015 IRC); IDO 14-16-4-3(F)(6). Permit required: Yes - building permit with full plans. Bedroom egress window: >= 5.7 sq ft net clear openable area. Egress opening height/width: >= 24 in tall / >= 20 in wide. Egress sill height: <= 44 in above floor.

Converting a garage to living space without a permit, or creating a sleeping room without a compliant egress window, can result in code-enforcement action, stop-work orders, after-the-fact permit fees, and a requirement to bring the space up to the adopted Residential Code before it can be legalized, under Article 14-1 of ROA 1994.

ADU Rules

Albuquerque's Integrated Development Ordinance allows one accessory dwelling unit (casita) per lot in the R-A, R-1, R-T, and R-ML zones, capped at 750 square feet of gross floor area, no taller than the primary house, with a minimum 5-foot side or rear setback.

Key details: Code Section: IDO 14-16-4-3(F)(6); 14-16-5-11(C)(4). Allowed zones: R-A, R-1, R-T, R-ML. Number per lot: 1 ADU. Max size: 750 sq ft gross floor area (650 sq ft in CPO-3). Side/rear setback: 5 ft minimum.

Building an ADU without the required City building permit and zoning compliance can result in code-enforcement action, stop-work orders, and after-the-fact permitting under the Uniform Administrative Code (Article 14-1 of ROA 1994). Violations of the IDO are enforced under Part 14-16-8 and may carry civil penalties and required correction or removal.

The rules around adu rules in Albuquerque lean permissive, but that does not mean anything goes.

Shed & Carport Rules

Albuquerque exempts one-story detached storage sheds of 120 square feet or less from a building permit, while larger sheds need a permit; accessory buildings have no required setback from a lot line on interior lots but walls within 5 feet of a property line must be one-hour fire-resistive.

Key details: Code Section: ROA 1994 Art. 14-1 (UAC); IDO 14-16-5-11(C)(4). Permit exemption: <= 120 sq ft, one-story, tool/storage shed. Interior-lot setback: No required side/rear setback. Fire-resistive walls: Required if wall < 5 ft to property line. Max yard coverage: 25% of side + rear yards combined.

Erecting a storage building over 120 square feet without a permit, or one that violates the 25-percent yard-coverage limit, fire-resistive wall requirement, or front-setback prohibition, can trigger code-enforcement action, stop-work orders, after-the-fact permit fees, and required correction or removal under Article 14-1 of ROA 1994 and IDO Part 14-16-8.

The Bottom Line

Compared to many U.S. cities, Albuquerque gives residents more room on accessory structures. 2 of the 4 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

All of the above reflects Albuquerque's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.