ADU Owner Occupancy: Las Vegas vs North Las Vegas
How do adu owner occupancy rules compare between Las Vegas, NV and North Las Vegas, NV?
North Las Vegas has fewer restrictions than Las Vegas.
Las Vegas, NV
Clark County
Las Vegas does require owner-occupancy as a standard condition of approval for ADUs (called "accessory living quarters" or "guest houses" in the zoning code). Unlike California, which lifted owner-occupancy requirements via AB 881 (2019), Nevada has no preempting state law, so Las Vegas continues to impose owner-occupancy and often requires a deed restriction recorded against the property.
View full Las Vegas rules →North Las Vegas, NV
Clark County
Nevada AB 396 (2025) limits the ability of qualifying Nevada cities to impose owner-occupancy on long-term ADU rentals. Under the new state law, North Las Vegas cannot make owner-occupancy a condition of permit for long-term residential ADU use. Short-term rentals are regulated separately under Nevada AB 363 (2021) and NLVMC and may impose owner-occupancy through STR licensing. HOA CC&Rs may impose additional owner rules independently.
View full North Las Vegas rules →Key Facts Comparison
| Fact | Las Vegas | North Las Vegas |
|---|---|---|
| Owner-Occupancy | Required (typical condition) | - |
| Deed Restriction | Usually recorded | - |
| State Preemption | None | - |
| Separate Sale | Prohibited | - |
| HOA | May add stricter rules | - |
| Long-Term Rentals | - | No owner-occupancy (AB 396) |
| STR Operator | - | Owner of record (AB 363) |
| State Law | - | Nevada AB 396 (2025) |
| HOA CC&Rs | - | May impose owner rules |
| HOA Law | - | NRS Chapter 116 |
Highlighted rows indicate differences between cities.
Las Vegas FAQ
Do I have to live on-site to rent out my Las Vegas ADU?
Yes. Standard conditions of approval require the owner to occupy either the main house or the ADU. Nevada has no law overriding this requirement.
Can I sell the ADU separately?
No. ADUs in Las Vegas cannot be sold separately from the primary dwelling. The deed restriction recorded at approval typically prohibits subdivision.
North Las Vegas FAQ
Does North Las Vegas require owner-occupancy for an ADU?
For long-term rentals, no. Nevada AB 396 (2025) limits the city's authority to impose owner-occupancy as a condition of permit for long-term residential ADU use. For short-term rentals under 31 days, separate STR licensing rules typically require the owner as operator of record.
Can my North Las Vegas HOA require me to live on-site to have an ADU?
Possibly through CC&Rs. Nevada NRS Chapter 116 governs HOA enforcement but does not preempt owner-occupancy covenants the way Arizona's HB 2720 does. Master-planned communities like Aliante and Sun City Aliante can enforce CC&R-based owner rules.
Compare other topics
See how Las Vegas and North Las Vegas compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool