Durham's Accessory Structures: The Rules That Matter
Every city handles accessory structures a little differently. In Durham, North Carolina, there are 9 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.
ADU Rules
Durham allows one ADU per lot under UDO Sec. 5.4.2. Max 1,200 sq ft heated area. No special use permit or additional parking required. Attached, detached, or internal.
Key details: Code Reference: UDO Sec. 5.4.2 — Accessory Dwelling Units. Maximum Size: 1,000 sq ft single story or 1,200 sq ft total. Parking Required: None. Special Use Permit: Not required. State Law: NC SB 495 (2025) mandates ADU allowance statewide.
Contact your local code enforcement office for specific penalty information.
The rules around adu rules in Durham lean permissive, but that does not mean anything goes.
Garage Conversions
Durham allows garage-to-ADU conversions under UDO Sec. 5.4.2 without a special use permit. Must meet 1,200 sq ft max and NC Building Code habitable space standards.
Key details: Code Reference: UDO Sec. 5.4.2 — Accessory Dwelling Units. Special Permit: Not required for ADU conversion. Max Heated Area: 1,200 sq ft; cannot exceed primary structure. Building Code: Must meet NC habitable space standards. Parking Impact: No additional parking required for ADU.
Contact your local code enforcement office for specific penalty information.
If you are coming from a city with tighter rules, you will find Durham gives residents more flexibility on garage conversions.
Tiny Homes
Durham allows tiny homes as ADUs under UDO Sec. 5.4.2 on permanent foundations. Max 1,200 sq ft. Tiny homes on wheels may be classified as RVs with limited placement.
Key details: Code Reference: UDO Sec. 5.4.2 — Accessory Dwelling Units. Max Size as ADU: 1,200 sq ft total heated area. Foundation Type: Permanent foundation required for ADU classification. On Wheels: May be classified as RV; limited placement. State Law: NC SB 495 (2025) supports ADU rights statewide.
Contact your local code enforcement office for specific penalty information.
Carport Rules
Durham requires a building permit for detached carports under UDO Sec. 5.4.1. Must be behind front building line with 5-foot setbacks. No front yard placement allowed.
Key details: Code Reference: UDO Sec. 5.4.1 — Accessory Structures. Permit Required: Yes — building permit for all carports. Location: Behind front building line; no front yard. Setback Under 15 ft: Minimum 5 feet from rear and side lines. Height Limit: Greater of 2 stories/32 ft or primary structure height.
Contact your local code enforcement office for specific penalty information.
Shed Rules
Durham requires a building permit for all sheds under UDO Sec. 5.4.1. Must be behind the front building line with 5-foot rear and side setbacks. Cannot exceed primary structure size.
Key details: Code Reference: UDO Sec. 5.4.1 — Accessory Structures. Permit Required: Yes — building permit for all sheds. Setback Under 15 ft: Minimum 5 feet from rear and side lines. Setback 15+ ft: Minimum 10 feet from property lines. Size Limit: Cannot exceed primary structure square footage.
Contact your local code enforcement office for specific penalty information.
ADU Impact Fees
Durham does not impose municipal impact fees on ADUs, but a new ADU connecting to public water or sewer is subject to a system development fee (SDF) calculated under NCGS 162A-205 to 162A-213. Water/sewer SDFs are administered by Durham Department of Water Management for city customers and by Durham County Utilities for county customers. Standard building, electrical, plumbing, and mechanical permit fees from the City-County Development Services fee schedule also apply. No transportation, parks, or school impact fees apply to ADUs in Durham.
Key details: Impact Fees: None (no transport/parks/school). Water/Sewer SDF: Per NCGS 162A-205. City Provider: Durham Water Management. County Provider: Durham County Utilities. Fee Schedule: Development Services, July 2025.
Failure to pay SDFs or permit fees blocks permit issuance and final inspection. Unpaid utility connection charges become a lien on the property under NCGS 160A-314. SDF disputes are addressed under the appeal provisions in NCGS 162A-209. Confirm current fee amounts with the Durham Development Services Center at 919-560-1500 or Durham County Utilities at 919-560-7900.
ADU Rental Restrictions
Durham allows long-term rental of an ADU without restriction under UDO Section 5.4.2. Short-term rental (transient occupancy under 30 days) is regulated separately by the city's Short-Term Rental ordinance and is treated as a distinct land use, not a permitted use of an ADU itself in every district. Standard North Carolina Residential Rental Agreements Act (NCGS Chapter 42) and the NC Vacation Rental Act (NCGS Chapter 42A) apply. The ADU cannot be sold separately from the primary residence.
Key details: Long-Term Rental: Allowed; no city registration. Short-Term Rental: Separate UDO regulation by district. State Law: NCGS Ch. 42 / 42A. Cannot Sell Separately: Single legal lot. Code Section: UDO 5.4.2.
Operating a short-term rental in a district that does not permit it is a UDO violation enforced under Article 16, beginning with a Notice of Violation and escalating to civil penalties. Failure to remit state occupancy tax is referred to the NC Department of Revenue. Long-term rental violations (e.g., unsafe housing) are handled by Durham Neighborhood Improvement Services. Confirm current penalties with Durham Development Services Center at 919-560-1500.
ADU Owner Occupancy
Durham does not require owner-occupancy of either the primary dwelling or the ADU. A 2012 text amendment removed the owner-occupancy requirement from the UDO after the City Attorney advised it conflicted with state law following the NC Court of Appeals decision in City of Wilmington v. Hill. The current UDO Section 5.4.2 contains no owner-occupancy condition, no required affidavit, and no recorded covenant. NCGS 160D does not authorize Durham to condition ADU permits on owner residence.
Key details: Owner-Occupancy: Not required. Removed: 2012 text amendment. Legal Basis: City of Wilmington v. Hill. Code Section: UDO 5.4.2. Covenant: None required.
There is no city penalty for non-owner-occupancy of a Durham ADU. Tenant disputes are handled under NCGS Chapter 42 in District Court. Confirm permitting questions with Durham Development Services Center at 919-560-1500.
If you are coming from a city with tighter rules, you will find Durham gives residents more flexibility on adu owner occupancy.
ADU Permits
Durham permits accessory dwelling units (ADUs) by right on residential lots with one or two primary dwelling units under Unified Development Ordinance (UDO) Section 5.4.2. No special use permit is required. A building permit and standard trade permits (electrical, plumbing, mechanical) are required under NCGS 160D-1110. ADUs may be attached to or detached from the primary dwelling. The 2024 UDO ADU update broadened where ADUs are allowed and eased dimensional standards. Density limits do not apply to ADUs in Durham.
Key details: Code Section: UDO 5.4.2. Effective Date: Updated Jan 1, 2024. Max ADU Size: 1,000 sq ft / story; 1,200 total. ADUs Per Lot: 1. Trade Permits: Separate per NCGS 160D-1110.
Building an ADU without permits triggers a stop-work order by City-County Inspections under NCGS 160D-1119 and can result in civil penalties under the UDO enforcement provisions in Article 16. Unpermitted work may require legalization, double fees, or removal. Confirm current penalty amounts with Durham Development Services Center at 919-560-1500.
Durham is more permissive than most cities when it comes to adu permits. That said, there are still limits.
The Bottom Line
Compared to many U.S. cities, Durham gives residents more room on accessory structures. 4 of the 9 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.
Keep in mind that Durham can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.