Guide · Arizona ADU law
Arizona ADU Law: What HB 2720 (and the 2025 County Expansion) Lets You Build
Last reviewed: October 23, 2026. Arizona law changed twice in two years — HB 2720 in 2024 and HB 2928 in 2025 — and both changes favor homeowners who want to build a casita, guest house, or in-law suite. This guide explains what the law actually says, with citations to the statutes and city rules so you can check every claim yourself.
This guide is general information, not legal advice. Statutes get amended and city ordinances vary; confirm the current rules with your city or town — or with an attorney — before making decisions about your property.
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The quick answers
The Short Version
| Question | Answer | Source |
|---|---|---|
| What changed? | Cities over 75,000 residents must allow ADUs on single-family lots | A.R.S. § 9-461.18 |
| When? | HB 2720 signed May 21, 2024; cities had until January 1, 2025 to comply | Laws 2024, Ch. 196 |
| How many ADUs? | At least 1 attached + 1 detached per single-family lot; a 2nd detached on lots of 1 acre+ if one unit is income-restricted | § 9-461.18(A) |
| How big? | At least 75% of the main home's floor area or 1,000 sq ft, whichever is less — cities may allow more | § 9-461.18(A) |
| Hearing required? | No — ADUs are a "permitted use": no public hearing, variance, or special permit | § 9-461.18(I) |
| Extra parking? | Cannot be required in covered cities | § 9-461.18(B) |
| Long-term rental? | Protected — cities can't prohibit it or its advertising | § 9-461.18(B) |
| Short-term rental? | Can't be banned outright, but owner-occupancy can be required for ADUs finaled on or after Sept 14, 2024 | A.R.S. § 9-500.39 |
| HOA rules? | Still apply — the law doesn't touch private covenants | § 9-461.18(C) |
| County land? | Covered since 2025 — counties had until January 1, 2026 | A.R.S. § 11-810.01 |
Everything below unpacks that table.
HB 2720
What Is Arizona's ADU Law?
In May 2024, Arizona adopted HB 2720 (Laws 2024, Chapter 196, approved by the Governor on May 21, 2024). The bill created a new statute, A.R.S. § 9-461.18, that takes the ADU question away from each city's discretion and sets a statewide floor: if your city has more than 75,000 residents and your lot allows a single-family home, the city must allow accessory dwelling units on it.
The statute gave covered cities a deadline with real teeth. Under § 9-461.18(F), any covered municipality that failed to adopt conforming ADU regulations by January 1, 2025 must allow ADUs on all of its residentially zoned lots without limits. That penalty is why every large Valley city moved quickly to adopt compliant ordinances in late 2024 — Phoenix, for example, adopted its text amendment (Z-TA-2-24) specifically to comply, per the city's ADU page.
One year later, HB 2928 (Laws 2025, Chapter 217, approved May 23, 2025) extended the same framework beyond city limits: it added A.R.S. § 11-810.01, which applies the ADU mandate to counties, with a compliance deadline of January 1, 2026 and the same no-limits penalty for missing it. If you own property in unincorporated Maricopa or Pinal County, the law now reaches you too.
Definitions
What Counts as an ADU?
The statute's definition (§ 9-461.18(I)) is broader than most people expect. An accessory dwelling unit is a self-contained living unit on the same lot as a larger, primary single-family home, with its own sleeping area and its own sanitation facilities. A kitchen is allowed but not required by the definition. The unit can be:
- Detached — the classic backyard casita or guest house;
- Attached — built onto the main house with its own entrance, the in-law-suite pattern; or
- Converted — carved out of existing space, most often a garage.
Whatever you call it — casita, guest house, granny flat, in-law suite, garage apartment — if it's a second self-contained dwelling on a single-family lot, it's an ADU in the law's eyes, and the same rules apply. The one structural constant: the ADU is the accessory, meaning it sits on the same lot as a larger primary dwelling.
City coverage
Which Arizona Cities Must Allow ADUs?
Section 9-461.18(H) states the test in one line: the section "applies to a municipality with a population of more than seventy-five thousand persons." Here is how that shakes out across the East Valley and Phoenix metro communities we build in:
| City / Town | Covered by § 9-461.18? | Notes |
|---|---|---|
| Phoenix | Yes | Adopted conforming rules (Z-TA-2-24); allows more than the state floor — see phoenix.gov |
| Mesa | Yes | Conforming rules on the city's ADU page: 5-ft side/rear setbacks, no added parking |
| Chandler | Yes | Well above the population threshold |
| Gilbert | Yes | Adopted conforming regulations; ADUs are a permitted use with no use permit, per the town's staff report |
| Scottsdale | Yes | Adopted an ADU ordinance to meet the January 1, 2025 deadline |
| Tempe | Yes | Above the threshold |
| Queen Creek | Unclear — ask the town | 59,519 residents at the 2020 census; recent Census Bureau estimates exceed 75,000. Town rules govern unless and until the town is covered |
| San Tan Valley | In transition — ask | Incorporated as a town on September 17, 2025; previously governed by Pinal County's rules under § 11-810.01. Confirm current requirements with the town or county |
| Fountain Hills | No | Population well under 75,000 — the town sets its own ADU rules |
| Paradise Valley | No | Population well under 75,000 — town rules apply |
Two caveats worth knowing even inside covered cities. First, § 9-461.18(G) carves out certain land entirely: lots on tribal land, lots near a military airport or ancillary military facility (as defined in A.R.S. § 28-8461), and lots near certain public airports where the noise level exceeds 65 decibels. If you're under a flight path, check your parcel's noise-contour status before you plan. Second, a town below the threshold isn't ADU-hostile by default — it just writes its own rules, and several do allow casitas with their own standards.
And since 2025, the question "is my land covered?" no longer ends at city limits: on unincorporated county land, § 11-810.01 requires the county to allow ADUs on single-family lots, with the same unit counts and size floor described below.
Unit counts
How Many ADUs Can I Build?
On any lot where a single-family home is allowed, a covered city must permit — as a matter of right — at least one attached and one detached ADU (§ 9-461.18(A)). On lots of one acre or more, the city must permit one additional detached ADU, provided at least one ADU on the lot is a restricted-affordable dwelling unit — a unit rented, under a deed restriction or development agreement, to households earning up to 80% of the area median income.
Three things to understand about those numbers:
- They are floors, not ceilings. A city may allow more. Phoenix, for instance, permits two ADUs in addition to the primary dwelling on single-family lots, per its official ADU page.
- "Permitted use" means no zoning gauntlet. The statute defines it as approval without a public hearing, variance, conditional use permit, special permit, or special exception. Your neighbors don't get a vote on your casita.
- Permits still exist. Plan review and building permits still apply, and the city may still check that a site plan conforms to its zoning ordinance. The law removed discretionary approval, not building safety review.
Size limits
How Big Can My ADU Be?
Covered cities must allow an ADU of at least 75% of the primary home's gross floor area, or 1,000 square feet, whichever is less (§ 9-461.18(A)). "Gross floor area" means the interior habitable area of the dwelling. In practice:
| Main home (gross floor area) | 75% of main home | State-floor ADU allowance |
|---|---|---|
| 1,200 sq ft | 900 sq ft | 900 sq ft (75% is the smaller number) |
| 1,600 sq ft | 1,200 sq ft | 1,000 sq ft (the cap kicks in) |
| 2,400 sq ft | 1,800 sq ft | 1,000 sq ft |
Again, that's the minimum cities must allow — and Phoenix goes well past it. Under the city's rules, an ADU may be up to 75% of the main house's gross floor area, capped at 1,000 square feet on lots up to 10,000 square feet and at 3,000 square feet on larger lots (phoenix.gov). On a big Phoenix lot with a large main house, that is genuinely house-sized square footage.
The practical limit on most lots isn't the statute — it's lot coverage. Your zoning district's maximum building coverage still applies, and on a compact lot the main house, patio, and pool may already consume most of it. This is the first thing we measure at a lot consultation, because it determines whether your 1,000-square-foot ambition is a drawing or a building.
What cities can't require
What Can't My City Require?
Section 9-461.18(B) reads like a list of every tactic cities historically used to make casitas impractical — and prohibits each one. A covered municipality may not:
- Require additional parking for the ADU, or accept payment in lieu of parking;
- Impose rear or side setbacks greater than five feet from the property line;
- Apply height, setback, lot size, lot coverage, or frontage standards stricter than those for single-family homes in the same zone;
- Require the ADU to match the main house's exterior design, roof pitch, or finish materials;
- Require any familial, marital, employment, or other relationship between the owner or occupant of the main house and the occupant of the ADU;
- Prohibit long-term rental of the main house or the ADU, or the advertising of either for long-term rental;
- Require public street improvements as a condition (except repairing street damage the ADU construction itself causes);
- Require a restrictive covenant on the ADU as a condition of a permit or license;
- Hold the ADU to a commercial building code; or
- Require fire sprinklers in the ADU (§ 9-461.18(D)).
If a covered city's counter staff tells you something on this list is required, the statute is on your side — politely, and in writing.
Rentals
Can I Rent Out My ADU?
This is the question behind most of the casitas we're asked about, and the answer splits cleanly in two.
Long-term rental: protected. A covered city cannot prohibit you from using the ADU — or the main house — as separately leased long-term rental housing, and it cannot prohibit you from advertising it (§ 9-461.18(B)). The statute defines long-term rental as a tenancy under a lease of 90 days or longer, or month-to-month. A city also cannot require any relationship between you and your tenant, which is the provision that makes genuine rental income — not just housing relatives — a legal use.
Short-term rental: a different statute, with one big catch. Vacation and short-term rentals in Arizona are governed by A.R.S. § 9-500.39. Cities may not ban short-term rentals outright (§ 9-500.39(A)), but they may regulate them: local permits or licenses (fee capped at $250), emergency-contact registration, neighbor notification, liability insurance of at least $500,000 or equivalent marketplace coverage, and permit numbers in advertisements, among other measures listed in § 9-500.39(B).
The catch for ADU owners: § 9-500.39(B)(9) lets a city require the owner to reside on the property if an ADU on it is used as a vacation or short-term rental — but only where the unit's certificate of occupancy or similar final approval was issued on or after September 14, 2024. Units finaled on or before September 13, 2024 are exempt. In plain terms: if you're building a new casita in a city that adopts this requirement and plan to list it nightly on a rental platform, be prepared to live in the main house. If your plan is a 12-month lease, none of this applies to you.
Still applies
What Rules Still Apply?
The ADU law is a limit on city zoning power — not a free pass from everything else:
- HOA covenants survive. Section 9-461.18(C) expressly preserves private restrictive covenants. If your CC&Rs prohibit second dwellings, the state law does not override them. Read your HOA documents first; it's step one of our lot review.
- Building, fire, and health codes apply (§ 9-461.18(D)) — minus the two carve-outs above (no commercial code, no sprinkler mandate). The ADU is inspected like any habitable structure.
- Permits and inspections are unchanged. Plan review, building permits, trade inspections, and a final certificate of occupancy are all still part of the project.
- Utility easements need written consent. An ADU may not be built over a current or planned public utility easement without the written consent of every utility that uses or may use it (§ 9-461.18(E)). Your plat or survey shows these.
- The exemption zones — tribal land, military-airport vicinity, and 65+ decibel airport noise contours — sit outside the statute entirely (§ 9-461.18(G)).
Lot check
Is My Lot Eligible? A Five-Point Check
Before anyone draws a floor plan, run your property through this list — it's the same sequence we walk at a free consultation:
- Jurisdiction. Is your lot inside a covered city (table above), in unincorporated county land under § 11-810.01, or in a smaller town with its own rules?
- Lot and home math. Pull your lot size and your home's square footage from the county assessor's records. They set your state-floor size allowance and tell you whether the one-acre second-detached-unit provision is in play.
- HOA documents. Read the CC&Rs for anything touching accessory structures, guest houses, or rentals. This is the most common project-killer, and the statute won't save you from it.
- Easements. Check the recorded plat or a survey for utility easements crossing the buildable area — written utility consent is required to build over one, and routing around one is usually the better answer.
- Airport and overlay zones. Confirm your parcel isn't in a military-airport vicinity or a 65+ dB public-airport noise contour, and check for any local overlay districts.
One more practical note from the field: on tight lots where coverage math is unforgiving, a garage conversion often succeeds where a detached casita can't — the footprint already exists, so lot coverage doesn't move. It's frequently the fastest path to a legal, rentable second unit.
Working with us
How Masizo Fits In
Masizo Development is a licensed Arizona general contractor (AZ ROC #336058) based in Gilbert, building across Gilbert, Mesa, Chandler, Queen Creek, San Tan Valley, Tempe, Scottsdale, Phoenix, Fountain Hills, and Paradise Valley. ADU work — detached casitas and guest houses, attached in-law suites, and garage conversions — is one of our core service lines, and the law above is terrain we navigate on clients' behalf: we review your lot, your assessor records, your HOA covenants, and your easements at a free on-site consultation, then handle design coordination, the permit application, city plan review, construction, and every inspection through final approval.
If you've read this far, you already know more about Arizona ADU law than most contractors you could call. The next step is finding out what your lot supports — tell us about your property or call (602) 909-7630 and we'll walk it with you, no obligation.
Primary sources
Sources
Primary sources this guide was verified against, as of October 23, 2026:
- A.R.S. § 9-461.18 — Accessory dwelling units (municipalities)
- Laws 2024, Chapter 196 (HB 2720) — chaptered text
- Laws 2025, Chapter 217 (HB 2928) — chaptered text
- A.R.S. § 11-810.01 — Accessory dwelling units (counties)
- A.R.S. § 9-500.39 — Vacation rentals; short-term rentals
- City of Phoenix — Accessory Dwelling Units
- City of Mesa — Accessory Dwelling Units
- Town of Gilbert — ADU ordinance staff report
- U.S. Census Bureau — Queen Creek town, Arizona QuickFacts
Reminder: this guide is general information about Arizona law, not legal advice for your situation. Confirm current requirements with your city, town, or county — ordinances and statutes change — and consult an attorney for legal questions about your property.
Good to know
Arizona ADU law, question by question.
Can I build a backyard casita in Arizona?
In most of the Valley's larger cities, yes. Arizona law (A.R.S. § 9-461.18, added by HB 2720 in 2024) requires every city with more than 75,000 residents to allow at least one attached and one detached accessory dwelling unit on any lot where a single-family home is allowed, as a permitted use — no public hearing, variance, or special permit. You still need building permits and plan review, your lot must physically accommodate the unit, and HOA covenants still apply.
How big can an ADU be in Arizona?
Covered cities must allow an ADU of at least 75% of the main home's gross floor area or 1,000 square feet, whichever is less. That is a floor, not a ceiling — cities may allow more, and Phoenix does: up to 1,000 square feet on lots of 10,000 square feet or less, and up to 3,000 square feet on larger lots, per the city's ADU rules. Lot-coverage limits from your zoning district still apply.
Can I rent out my ADU in Arizona?
Long-term rental — a lease of 90 days or more, or month-to-month — is protected: a covered city cannot prohibit you from renting out the ADU or the main house long term, or from advertising either. Short-term rental is governed separately by A.R.S. § 9-500.39, which bars outright bans but lets cities require permits — and lets them require the owner to live on the property if an ADU finaled on or after September 14, 2024 is used as a short-term rental.
Does my HOA have to allow an ADU?
No. The state law limits what cities can require; it does not override private deed restrictions. A.R.S. § 9-461.18(C) expressly preserves the right of private parties to maintain restrictive covenants, so if your CC&Rs prohibit or restrict second dwellings, that restriction stands. Review your HOA documents before you design anything — we do this with clients at the free consultation.
Can my city require extra parking for an ADU?
Not if the city is covered by the law. A.R.S. § 9-461.18(B) prohibits covered municipalities from requiring additional parking for an ADU or accepting payment in lieu of parking. The same subsection caps rear and side setbacks at five feet and bars cities from making the ADU match the main house's exterior design, roof pitch, or finish materials.
What about Queen Creek and San Tan Valley?
Both are judgment calls that need a conversation with the town. Queen Creek counted 59,519 residents at the 2020 census — below the 75,000-person threshold — though more recent Census Bureau estimates put it above that line, so confirm the town's current position before planning. San Tan Valley incorporated as a town on September 17, 2025; before that, Pinal County's ADU rules under A.R.S. § 11-810.01 governed it. Ask the town (or the county, which still provides planning services there) what applies to your parcel today.
Do ADU rules apply outside city limits in Arizona?
Yes, since 2025. HB 2928 (Laws 2025, Chapter 217) added A.R.S. § 11-810.01, which requires counties to allow at least one attached and one detached ADU on lots where single-family homes are allowed, with the same 75%-or-1,000-square-foot size floor. Counties had until January 1, 2026 to adopt conforming regulations; a county that missed the deadline must allow ADUs on all residentially zoned lots without limits.
Do I still need a building permit for an ADU?
Yes. 'Permitted use' means no rezoning hearing, variance, or conditional use permit — it does not mean no permits at all. Your plans still go through plan review, you still pull building permits, and the build is still inspected like any other habitable structure. Building, fire, and health codes all still apply, though a covered city cannot require fire sprinklers in an ADU or hold it to a commercial building code.