StateDataIndex

ADU Guide · Verified 2026

Building an ADU in Colorado

Yes, by right, in most cities

Colorado requires ADUs by right, but only in what the law calls "subject jurisdictions": cities and towns of 1,000 or more residents within a metropolitan planning organization, plus certain unincorporated county areas. That covers Denver, Boulder, Fort Collins, Colorado Springs, Pueblo, and most of the Front Range, but leaves rural counties like Garfield fully in local control.

Quick Facts

Who is covered
Cities/towns of 1,000+ residents inside a metropolitan planning organization, plus qualifying unincorporated county areas
Owner-occupancy
Prohibited statewide in subject jurisdictions
Setback cap
5 ft side/rear, cannot be stricter for an ADU than for the primary home
HOA rule
Illegal for an HOA to ban ADUs in subject jurisdictions; reasonable aesthetic standards still allowed
Before the law
Only about 15% of Denver residential land was open to ADUs
Grant program
ADUG state grant funding helps local governments create pre-approved ADU plan sets

Statewide floors set by HB24-1152, effective June 30, 2025, C.R.S. 29-35-401 through 405. Your city may be more generous but cannot go below them.

The Three Types of ADU

Detached A standalone backyard unit. By right in subject jurisdictions, administrative approval only.
Attached Added to or carved out of the primary home. Same by-right protection as detached.

A real statewide right, with a real geographic limit

HB24-1152 is genuine preemption, but only inside subject jurisdictions, cities and towns of 1,000 or more residents within a metropolitan planning organization. Rural counties outside an MPO, like much of Garfield County, keep full local control, though some have adopted their own permissive rules anyway.

HOAs specifically cannot say no

HB24-1152 makes it illegal for a homeowners association to prohibit an ADU in a subject jurisdiction, a real preemption of private covenants that most states on this list do not reach. An HOA can still require reasonable aesthetic consistency, matching siding or roof pitch, but not an outright ban.

A number that shows how much changed

Before HB24-1152, only about 15% of Denver's residential land was actually open to ADU construction under the old zoning code. The law reopened the rest by right.

State grant money for local pre-approved plans

Colorado's ADUG grant program funds local governments to develop pre-approved ADU plan sets, letting homeowners in participating cities skip custom design and go straight to a faster permit review.

What people get wrong

The most common mistake is assuming HB24-1152 covers all of Colorado. It only reaches subject jurisdictions, cities of 1,000+ inside an MPO. Rural, non-MPO counties are a genuinely different legal category, even within the same state.

From Idea to Move-In: The Timeline

Confirm subject jurisdiction status 1 week Check whether your city/county qualifies under HB24-1152 before assuming by-right status.
Design & plans 3-8 weeks Pre-approved plans from the ADUG grant program can skip this step in participating cities.
Administrative permit review 4-8 weeks No public hearing required in subject jurisdictions.
Construction 4-9 months Varies by ADU type and elevation-driven structural requirements.

Building It Yourself? Here's What You'll Need

Planning an ADU? Tools homeowners use in the design and layout phase:

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Check Your Local Rules

Your city may allow more than the state floor

State law sets the minimum; many Colorado cities and counties are more generous. Browse the full directory of 64 counties and every city in Colorado for local rules, fees, and building department contact details.

Browse the full Colorado directory →

Not sure if your project needs a building permit, a zoning approval, or both? See our guide to building permits vs. zoning approval.

Official Sources

ADU law changes frequently and local ordinances add detail. This guide is general information, not legal advice, always confirm with your local building department. Reviewed by the StateDataIndex Editorial Team · Updated September 2026.