Home / Guides / Building without zoning

Can I build an ADU in Houston if the city has no zoning?

Updated October 2026

Yes, often. As of October 2026, the City of Houston has no zoning code, and Chapter 42 lets a lot stay single-family with a second dwelling unit of up to 1,500 sq ft. But deed restrictions, floodplain rules, historic districts and the building code still apply, and the suburbs have their own zoning.

What does "no zoning" actually mean in Houston?

It means the city does not divide land into use districts. It does not mean there are no rules. Lot size, building lines, parking and density are set in Chapter 42 and related chapters. Flood rules are in Chapter 19. Private deed restrictions control use on many blocks.

What changed for second units in 2023?

City Council approved the Livable Places housing changes in September 2023, effective November 27, 2023. For second dwelling units, they:

  • Raised the size limit for keeping single-family status from 900 to 1,500 sq ft.
  • Tied parking to the unit's size instead of a flat requirement.
  • Left active deed restrictions in force; the city said the new standards do not override them.

The changes apply to new development and redevelopment, not to existing homes or projects that were already in permitting.

What still has to be checked?

  • Deed restrictions. See our deed restriction guide.
  • Floodplain. See our floodplain guide.
  • Historic districts. New construction there needs a Certificate of Appropriateness.
  • Building permits. An ADU is new residential construction, with plan review and inspections.

Does this apply in Bellaire, Pearland or Sugar Land?

No. Those are separate cities with their own zoning. Bellaire bars renting an accessory residence, and Pearland requires a conditional use permit. See our area pages.

When can't I build, even in Houston?

It depends mostly on your deed restrictions. A covenant limiting each lot to one single-family residence can block a second unit regardless of Chapter 42. Some older restrictions have expired or were never renewed; others are actively enforced. We read yours before you pay for design.

Related

Sources, as of October 2026: City of Houston Planning & Development, Livable Places page and press release (September 27, 2023); Houston Chapter 19 floodplain rules (via Freese and Nichols); City of Houston Legal Department, deed restriction FAQ.

Updated October 2026

Check what your lot allows

Guides cover the general rules. For your address, we check restrictions, flood zone and city rules, then give you a written, itemized price.