Yes. As of October 2026, recorded deed restrictions can limit or ban a second unit in Houston, and the city says its 2023 second-unit rules do not override them. Whether yours do depends on the exact wording, whether they are still in effect and whether they have been amended.
Why do deed restrictions matter so much in Houston?
Without zoning, deed restrictions are how many Houston neighborhoods control land use. They are private covenants recorded in the county property records, and they bind each owner in the subdivision.
Can the City of Houston enforce them?
Yes. The City's Legal Department has authority to sue to stop violations of recorded deed restrictions, for violations that began after August 1965. Residents, civic clubs and neighborhood groups can file a complaint at no cost. Neighbors and associations can also sue on their own.
What wording should I look for?
- Language limiting each lot to one single-family residence or one family.
- Mentions of garage apartments or servants' quarters, which some older restrictions permit with conditions.
- Building lines, height limits and minimum floor areas.
- Rules on renting any part of the property.
- The term and renewal clause, which says when and how the restrictions continue or can be amended.
Where do I find my deed restrictions?
They are recorded with the county clerk where the property sits: Harris, Fort Bend or Brazoria for the areas we serve. Your title policy and closing documents often list them. Civic clubs and HOAs sometimes post them online.

What if the wording is unclear?
It depends on the document and its history. Old restrictions can be ambiguous, amended or partly lapsed. We read them as builders, not lawyers. If the answer is not clear, we tell you so, and a real estate attorney should give you an opinion before you build.
Related
Sources, as of October 2026: City of Houston Planning & Development, Livable Places press release (September 27, 2023); City of Houston Legal Department, deed restriction enforcement FAQ. This is general information, not legal advice.
Updated October 2026