Usually yes, when you apply. As of October 2026, Denver requires the owner to live in the main house at the time of the ADU permit application in single-unit zone districts. The rule does not apply when the main house and ADU are built at the same time. Colorado law permits this filing-stage check.
Why can Denver ask this if state law limits owner occupancy?
HB24-1152 bars covered jurisdictions from imposing owner-occupancy requirements in general, but it keeps a narrow exception: a city may require evidence that the owner lives on the property when the owner files to build or convert an ADU, except when the ADU is built together with the house. Denver's rule fits that exception.
What happens after the ADU is built?
The state exception is about the application, not a permanent residency requirement. Short-term rentals are a separate matter: Colorado lets cities require owner occupancy for a short-term rental license, and Denver says short-term rentals, including ADUs, are highly regulated and need licenses.
Which situations does this affect?
- Investors buying a house to add an ADU in a single-unit district would not meet the residency condition at filing.
- New construction of a house and ADU together is outside the rule.
- Duplex and row house lots, where Denver allows detached ADUs, may be treated differently, so we check the zone district.
What about the suburbs?
It depends on the city. Each covered city writes its own code within HB24-1152's limits. Arvada, for example, requires a declaration of covenants with its ADU application. We read the current code for your address.
Sources, as of October 2026:
- City and County of Denver, Permitting an Accessory Dwelling Unit, for the owner-occupancy rule and short-term rental note.
- Colorado Department of Local Affairs, Accessory Dwelling Units page, for HB24-1152's owner-occupancy exception.