Accessory Structures in Durham, NC (2026)
9 verified accessory structures rules for Durham, North Carolina, sourced directly from the municipal code and official government pages.
Verified from official government sources
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.
Accessory Structures: Adu Rules
Few RestrictionsADU 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.
Durham ADU Permit Process
Few RestrictionsADU 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.
Durham ADU Impact Fees
Some RestrictionsADU 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.
Durham ADU Owner Occupancy
Few RestrictionsADU 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.
Durham ADU Rental Restrictions
Some RestrictionsShed 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.
Accessory Structures: Shed Rules
Some RestrictionsGarage 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.
Accessory Structures: Garage Conversions
Few RestrictionsCarport 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.
Accessory Structures: Carport Rules
Some RestrictionsTiny 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.