City · New Mexico

ADU rules in Albuquerque

6 sources

These are the primary sources for accessory dwelling unit regulations in Albuquerque: the city's own zoning code, planning department pages, and permit guides. Start here before talking to anyone: the rules below are what your permit reviewer will apply.

Rules at a glance

Detached (backyard) ADU

Allowed

Casitas are a permissive accessory use ('A') in R-A, R-1, R-T, and R-ML residential zones and several Mixed-use and Non-residential zones. When accessory to a single-family or two-family dwelling, the ADU must be provided as a detached accessory building, located behind the rear wall of the primary building. One ADU per lot.

IDO Table 4-2-1; IDO 4-3(F)(6)(a) and 4-3(F)(6)(f)

Attached or internal ADU

Not allowed

On residential lots the ADU 'must be provided as an accessory building' (detached). A renovation creating a second unit with a kitchen and separate entrance inside the main house is regulated separately as a two-family dwelling, not an ADU; a second kitchen alone is a separate accessory use. Exception: in Mixed-use and Non-residential zones a caretaker ADU may be attached to or detached from the building with the primary nonresidential use.

IDO 4-3(F)(6)(a)1 and 4-3(F)(6)(a)2

Maximum size

750 sq ft gross floor area (attached garage does not count); 650 sq ft in the Downtown Neighborhood Area CPO-3 (R-1)

One ADU per lot where allowed. Height: no taller than the primary structure on the property; in CPO-3, no taller than the primary dwelling or 18 feet, whichever is less. City guidance adds that the casita cannot occupy more than 25% of the combined side and rear yards (accessory building standards, IDO 5-11(C)(4)).

IDO 4-3(F)(6)(a), 4-3(F)(6)(c), 4-3(F)(6)(g)1

Owner occupancy

Not required

No owner-occupancy requirement appears in the ADU use-specific standards, and a full-text search of the effective IDO found no owner-occupancy provision anywhere. City materials describe casitas as an option 'to earn rental income'.

IDO 4-3(F)(6) (no such requirement present)

Extra parking

1 off-street space per accessory dwelling unit

Table 5-5-1 minimum off-street parking: 'Dwelling unit, accessory: 1 space / accessory dwelling unit', in addition to the primary dwelling's requirement.

IDO Table 5-5-1 (Section 5-5(C))

Approval process

Permitted use

Listed as 'A' (Permissive Accessory) in Table 4-2-1 for R-A, R-1, R-T, and R-ML; no conditional-use or public hearing step. The city's process is a standard building permit with construction drawings and a scaled site plan, reviewed administratively; the city also offers free pre-approved casita plans.

IDO Table 4-2-1; city ADU permitting page

Rental restrictions

None ADU-specific in the zoning code; short-term rental (29 days or less) of any dwelling unit requires a citywide STR permit

IDO 4-3(F)(6) contains no rental or lease-term provisions, and the IDO full text contains no short-term-rental provisions. The separate Short Term Rental Ordinance (ROA 1994 Article 13-19) defines an STR as rental of a dwelling unit for 29 days or less and requires a permit and business registration; its definitions contain no ADU carve-out or prohibition.

IDO 4-3(F)(6); ROA 1994 13-19-4

The fine print: 6 caveats that can change the picture

Zone dependent: allowed in R-A, R-1, R-T, and R-ML residential zones (not R-MC or R-MH); in Mixed-use and Non-residential zones only as a caretaker unit accessory to a nonresidential primary use (IDO 4-3(F)(6)(a)2).
Only 1 ADU per lot; detached ADUs must sit behind the rear wall of the primary building in Residential and Mixed-use zones, with a minimum 5-foot side or rear setback; corner lots must match the primary building's street-side setback.
Small-area overrides in R-1: Downtown Neighborhood Area CPO-3 caps ADUs at 650 sq ft and 18 feet; Sawmill/Wells Park CPO-12 allows ADUs only on lots of at least 7,000 sq ft (IDO 4-3(F)(6)(g)).
Detached ADUs must also meet the general accessory building standards of IDO 5-11(C)(4); city guidance summarizes these as a 25% cap on combined side/rear yard coverage and a 5-foot-wide passage for rear yard access.
Building facades must be the same or similar in color to the primary building (IDO 4-3(F)(6)(d)).
Section numbering changed with the April 20, 2026 IDO update: the ADU standard is now 4-3(F)(6); city handouts and pre-2026 materials cite it as 4-3(D), and amlegal's 'latest' IDO still shows the April 2025 version.

Summarized from Albuquerque's ordinance text, read July 2026; every row links the code section it came from. Rules often vary by zone and lot, so treat this as orientation, not a permit determination, and confirm with the planning department before you commit to a design.

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ADU regulations

Short-term rental rules

Planning to rent your ADU on Airbnb or VRBO? Albuquerque regulates short-term rentals separately; check these before counting on nightly rental income.

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