Accessory Structures in Albuquerque, NM (2026)
9 verified accessory structures rules for Albuquerque, New Mexico, sourced directly from the municipal code and official government pages.
Verified from official government sources
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.
Albuquerque ADU / Casita Rules (IDO 4-3(F)(6))
Few RestrictionsAlbuquerque IDO Subsection 14-16-4-3(F)(6) (Dwelling Unit, Accessory)
4-3(F)(6)(a) Where this use is allowed, only 1 accessory dwelling unit is allowed per lot and is limited to 750 square feet of gross floor area. A garage attached to the accessory dwelling unit shall not count toward this size limit. ... 4-3(F)(6)(b) A minimum 5-foot side or rear setback is required. 4-3(F)(6)(c) An accessory dwelling unit shall be no taller than the primary structure on the pr...
ADU Permits
Albuquerque permits ADUs (locally called 'casitas') under the Integrated Development Ordinance (IDO, adopted 2018) Section 14-16-4-3(D)(4). Casitas are permitted by-right in all residential zones (R-A, R-1, R-MH, R-T, R-ML, R-MH). One ADU per single-family lot. Permits route through Planning Department via the Online Permit Portal. New Mexico has the Casita Rule (HB 252, 2023) that further preempts restrictive local rules.
Albuquerque ADU Permits
Few RestrictionsADU Impact Fees
Albuquerque charges modest impact fees on residential development under the Impact Fee Ordinance (Chapter 14, Article 19) but casitas typically pay reduced fees as accessory uses. New Mexico Statute 5-8 (Development Fees Act) authorizes impact fees with strict capacity-need findings. Albuquerque Bernalillo County Water Utility Authority charges connection fees only when new service is installed.
Albuquerque ADU Impact Fees
Few RestrictionsADU Owner Occupancy
Albuquerque does not require owner-occupancy for casita properties under the IDO. New Mexico HB 252 (2023) - the Casita Rule - explicitly prohibits local owner-occupancy mandates for ADUs of 750 sq ft or less on single-family lots. Property owners may build a casita and rent both units to separate tenants. HOA covenants may still impose restrictions.
Albuquerque ADU Owner Occupancy
Few RestrictionsADU Rental Restrictions
Albuquerque requires Short-Term Rental Permits under Chapter 13, Article 9 for rentals under 30 days. Long-term casita rentals require no separate registration but must comply with the New Mexico Uniform Owner-Resident Relations Act (NMSA 47-8). Albuquerque has no rent control - New Mexico Statute 47-8A-3 preempts local rent control. Lodgers' Tax (5%) applies to STRs.
Albuquerque ADU Rental Restrictions
Some RestrictionsShed 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.
Albuquerque Shed / Storage Building Rules
Some RestrictionsCity of Albuquerque Planning Dept. Building Safety - Storage / Accessory Buildings (Uniform Administrative Code, ROA 1994 Art. 14-1)
The City of Albuquerque Uniform Administrative Code states that a building permit will not be required for one-story detached accessory buildings used as tool storage sheds, playhouses and similar uses, provided the building does not exceed 120 square feet. ... Zoning Requirements: No side or rear setback for accessory building on interior lots. ... Walls less than 5 ft. to property line shall ...
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.
Albuquerque Garage Conversion Rules
Some RestrictionsCity of Albuquerque Planning Dept. Building Safety - Garage Conversion (2015 International Residential Code, ROA 1994 Art. 14-1)
Required in every sleeping room, one window with minimum 5.7 sq. ft. net clear openable area with minimum net clear opening height of 24", minimum net clear opening width of 20", and finished sill height not more than 44" above the floor. ... The building permit will be issued when approved by each division. The permit will only be issued to a homeowner or general contractor (GB-2 or GB-98) lic...
Carport Rules
In Albuquerque, a rear-loaded residential garage or carport must be set back at least 3 feet from a property line abutting an alley or street; otherwise an accessory building such as a carport generally has no required setback from a lot line but may not occupy over 25 percent of the side and rear yards combined.
Albuquerque Carport & Detached Garage Rules
Some RestrictionsAlbuquerque IDO Subsection 14-16-5-11(C)(3)(b) and (C)(4) (Accessory Buildings)
5-11(C)(3)(b) Rear-loaded residential garages shall be set back a minimum of 3 feet from a property line abutting an alley or street. ... 5-11(C)(4)(a) Accessory buildings shall not be located in any required front setback and shall not occupy over 25 percent of the side and rear yards combined. ... 5-11(C)(4)(d) Unless specified otherwise in this IDO, an accessory building has no required setb...
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.
Albuquerque Tiny Homes / Casita Standards
Few RestrictionsCity of Albuquerque Planning Dept. - Free Casita Construction Plans (Housing Forward ABQ)
These construction plans range in size from 450 to 750 square feet and meet the currently adopted building codes and standards.
Looking for Bernalillo County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Albuquerque city rules.
Accessory Structures in Bernalillo County →