Comparison

ADU Rules: Austin vs Denver (2026 Comparison)

Compare ADU regulations, permit fees, size limits, and timelines between Austin TX and Denver CO. No state law in Texas vs Colorado's HB 24-1175 preemption.

Published: By PropertyZoned Editorial Team

Side-by-Side Comparison

Austin vs Denver

AustinTexasDenverColorado
ADUs Allowed?Yes (local code — no state law)Yes, by right (CO HB 24-1175, 2024)
Max Detached ADU Size1,100 sq ft or 0.15 FAR, whichever is greater1,000 sq ft (or 50% of primary dwelling)
Max Attached ADU SizeNo greater than main house floor area1,000 sq ft
Parking Required?1 space per ADU unless within 0.25 mile of CapMetro urban railNone within 0.25 miles of high-frequency transit; reduced citywide
Owner Occupancy Required?NoNo (CO HB 24-1175 prohibits)
State Preemption?No (Texas has no statewide ADU law)Yes (Colorado HB 24-1175, effective August 7, 2024)
Estimated Permit Fees$3,000–$15,000 including impact fees$3,000–$10,000 in permit fees; school fees may add $3,000–$6,000
Permit Timeline2-4 months plan review4-8 weeks; state law requires approval within 60 days
Ministerial Approval?No (Austin uses discretionary review for some elements)Yes (CO HB 24-1175 requires ministerial approval within 60 days)

Key Differences

Austin and Denver represent two fundamentally different ADU regulatory frameworks. Denver operates under Colorado's HB 24-1175 (effective August 2024), which mandates by-right ADU approval throughout the state and requires ministerial review (no discretionary denial) within 60 days. Austin, by contrast, operates solely under local code with no state ADU law backing it — Texas has not enacted ADU preemption as of 2026. This matters in practice. Denver's state preemption means property owners have a legal right to build a conforming ADU, and the city cannot deny applications that meet objective standards. Austin's purely local ADU rules (under the HOME Ordinance and Title 25 Development Code) are generally permissive, but lack the legal backstop of state preemption. Austin's HOME Ordinance (2023) goes further in a different direction, allowing up to 3 total units on any residential lot — more than Denver's state minimum of 1 ADU per lot. Austin's review timeline is notably longer (2-4 months) compared to Denver's 60-day state mandate. Austin's impact fees — including water/wastewater charges of $3,000–$8,000 — add cost variability. Denver's school impact fees ($3,000–$6,000) are significant but more predictable.

Cost Comparison

ADU construction in Austin typically runs $150,000–$320,000. Permit fees are $3,000–$15,000 including impact fees (water/wastewater: $3,000–$8,000; transportation fees vary by location). Austin's impervious cover limits (especially in Barton Springs watershed) can constrain what's buildable. Denver ADU construction typically runs $160,000–$330,000, with permit fees of $3,000–$10,000 in basic fees. School district impact fees of $3,000–$6,000 are significant. Denver lacks Austin's watershed-based impervious cover restrictions, making lot coverage calculations more straightforward in most neighborhoods.

Our Verdict

Denver has the edge for regulatory predictability thanks to Colorado's HB 24-1175 preemption — you have a legal right to build a conforming ADU and can expect approval within 60 days. Austin is competitive on unit density (up to 3 total units under HOME) and has good ADU infrastructure, but the longer review timeline (2-4 months) and lack of state backing can create uncertainty. For investors building an ADU for rental income, Denver's ministerial approval certainty is valuable. For homeowners wanting maximum unit count flexibility, Austin's HOME Ordinance is the winner.

Explore Each City

Frequently Asked Questions

Does Texas have a statewide ADU law like Colorado?

No. Texas has not enacted statewide ADU preemption as of 2026. Austin's ADU rules come entirely from local code (Title 25 and the HOME Ordinance). Colorado's HB 24-1175 (effective August 2024) requires all Colorado cities to allow at least 1 ADU per residential lot by right.

How many units can I build on one lot in Austin vs Denver?

Austin's HOME Ordinance (2023) allows up to 3 total units on any single-family lot citywide. Denver allows 1 ADU per lot under Colorado state minimum; local Denver ordinance may allow more in certain zones. Austin offers more total unit flexibility.

Is Austin or Denver more expensive for ADU permits?

Both are in the $3,000–$15,000 range for total government fees, but Austin's water/wastewater impact fees ($3,000–$8,000) can push costs higher. Denver's school impact fees ($3,000–$6,000) are significant. Both are less expensive than California cities in total fee burden.

Do I need a parking space for my ADU in Austin or Denver?

Austin requires 1 parking space per ADU unless the property is within 0.25 miles of a CapMetro urban rail station. Denver eliminated parking requirements for ADUs within 0.25 miles of high-frequency transit, and has reduced requirements citywide under Colorado HB 24-1175.

Source: PropertyZoned Editorial Research. Last verified April 5, 2026. View source

Last updated: April 5, 2026
ADU Rules: Austin vs Denver (2026 Comparison) | PropertyZoned