Yes. As of October 2026, San Antonio requires the property owner to live in either the main house or the ADU. Before the permit, the owner records an owner-occupancy affidavit with Bexar County and submits proof of residency. If the owner will not live on site, the property must be rezoned to allow more than one dwelling unit.
What does the affidavit involve?
The owner completes the city's owner-occupancy affidavit and records it with Bexar County. The recorded copy, along with proof of residency, is uploaded with the residential building permit application in BuildSA.
Can I live in the ADU and rent the main house?
Yes. The rule is that the owner lives in one of the two. Some owners move into the smaller unit and rent the larger house.
What if I am an investor?
An ADU on a property you do not live in does not fit the ADU path. The city's page points to rezoning to a district that allows more than one dwelling unit. That is a separate, discretionary process with its own timeline and no guaranteed outcome.
Is this rule the same in the suburbs?
No. Each city sets its own rules, and Texas has no statewide ADU law that would override them. Alamo Heights, for example, restricts accessory quarters to people employed on the premises. See ADUs in Alamo Heights.
It depends: questions to settle before you file
- Whose name is on the deed, and whether that person lives on site.
- Whether the property is held in a trust or an LLC, which may affect proof of residency; ask the city or your attorney.
- Your plans if you move later, since the affidavit is recorded against the property.
- Whether you will rent to a tenant at or below 80% of area median income, which may qualify for fee waivers.
Sources, as of October 2026:
- City of San Antonio Development Services, Accessory Dwelling Unit Permits page, for owner-occupancy and permit-step requirements.