Colorado Springs has opened the door to accessory dwelling units in ways that weren't possible just a few years ago, making this a good time to understand the full framework before you plan or build. An accessory dwelling unit (ADU) is a self-contained secondary housing unit on the same lot as a primary residence, complete with its own sleeping, cooking, and bathroom facilities. These units go by many names: granny flats, in-law suites, backyard cottages, carriage houses. Landlords and homeowners build them to generate rental income, house family members, or add long-term value to their property. Here's what Colorado Springs law actually requires.
The legal foundation for ADUs in Colorado Springs
For years, Colorado Springs restricted detached ADUs in single-family zones entirely. That changed in June 2024 when HB 24-1152 took effect across the state. The law requires every Colorado municipality to allow at least one ADU on any single-family or duplex-zoned lot. Colorado Springs can still enforce design standards, setbacks, and permit requirements, but it can no longer flatly prohibit ADUs in those zones. If you looked into this before and hit a wall, the rules have shifted in your favor.
The city's existing zoning code continues to govern everything beyond that baseline: how big an ADU can be, how far it must sit from property lines, what the approval process looks like, and who can live there.
Types of ADUs allowed in Colorado Springs
Three categories of secondary units are recognized locally, and they're not interchangeable.
Detached ADUs are freestanding structures on the same lot as the primary home, such as a backyard cottage or a converted garage. Previously limited to two-family and multi-family zones, they're now permitted on single-family lots under HB 24-1152.
Attached ADUs connect physically to the main structure. Common examples include an above-garage apartment, a converted basement with a separate entrance, or a side addition with its own door.
Accessory Family Suites (AFS) are a Colorado Springs-specific category. These are integrated units within the primary structure, and occupancy is often limited to biological or legally adopted family members rather than unrelated tenants. If your goal is generating rental income from strangers, confirm whether your planned unit qualifies as a standard ADU or an AFS before you invest in design work.
Each unit type must include independent sleeping, cooking, and sanitation facilities to qualify. See the city's ADU page for current type-by-type requirements.
Size limits and setbacks
Colorado Springs ties ADU dimensions to the zoning district and the size of the primary dwelling. There's no single citywide square footage cap that applies universally, so the number that matters is the one tied to your specific zone. A pre-application meeting with the City Planning Department is the fastest way to confirm what applies to your lot.
Several standards apply broadly across zones:
- Setbacks: Minimum distances from front, rear, and side property lines vary by zone district. You'll need to verify these before finalizing a floor plan, since placing a structure too close to a property line can require costly redesigns later.
- Height: ADUs can't exceed the maximum building height for the zone and are generally required to be shorter than the primary structure.
- Design compatibility: Roof pitch, exterior materials, and overall massing should echo the main home. The city's goal is visual continuity with the surrounding neighborhood.
- Parking: At least one off-street parking space is required per ADU. A driveway or garage space typically satisfies this requirement.
- Utilities: Water, sewer, and electrical connections must be scaled to handle the additional load and must meet current building codes.
For exact setback and size figures for your zone, review the Colorado Springs ADU ordinance or schedule the pre-application meeting described below.
The permit and approval process
Building an ADU in Colorado Springs isn't a single-step process. Plan for several stages before construction can legally begin.
- Pre-application meeting: Schedule a meeting with the City Planning Department before submitting anything. You can request one through the city's online form; a planner typically responds within two to three business days. Bring your proposed ADU's footprint, height, and lot placement.
- Permit application: Submit a building permit application, or a Conditional Use Application if the intended use requires it.
- Plan review: City staff review plans for zoning and building code compliance.
- Permit issuance: Once approved, your permit is issued and construction can begin.
- Inspections: The Pikes Peak Regional Building Department inspects at key stages, including electrical, plumbing, and structural work.
- Certificate of occupancy: Required before the unit can be rented or occupied.
Don't skip permits. Unpermitted structures discovered during a sale, refinance, or complaint investigation can result in fines, mandatory corrections, or removal orders. If you have an unpermitted unit already, contact the City Planning Department proactively to explore retroactive permitting options.
Owner-occupancy and rental rules
Colorado Springs requires that either the primary home or the ADU be the owner's primary residence for more than half the year. You can rent the other unit, but you can't rent both and live off-site. This owner-occupancy condition is a common sticking point for investors who want to buy a property, add an ADU, and rent both units while living elsewhere.
Rental occupancy is also capped: an ADU can't house more people than a standard single-family unit would accommodate under local occupancy rules. The ADU can't be sold as a separate parcel; it stays under the same ownership as the primary home.
Accessory Family Suites carry an additional layer: in many configurations, occupancy is limited to family members rather than the general rental market. Confirm which category your planned unit falls into before signing a contractor agreement.
HOA considerations
State law now requires municipalities to allow ADUs, but homeowners association covenants are a separate legal matter. An HOA can still restrict or prohibit ADUs within its subdivision, depending on how its governing documents are written. Review your CC&Rs before spending money on design or permit fees. If there's a conflict, you may need to seek a variance from the HOA board or consult an attorney familiar with Colorado HOA law. State-level preemption of HOA restrictions on ADUs is not guaranteed under current Colorado law, so don't assume HB 24-1152 overrides your HOA's rules.
Costs to expect
ADU construction costs in Colorado Springs vary widely depending on the unit type. A basement conversion typically runs less than a detached new build, since the foundation and shell already exist. Detached ADUs generally cost more per square foot than additions, given site prep, utility connections, and foundation work.
Beyond construction, budget for permit fees, architect or design fees, and any utility connection fees assessed by the city. If your lot requires a variance or conditional use approval, add professional and legal fees to that list. A realistic budget conversation with a local contractor before the pre-application meeting will save you from surprises mid-project.
Insurance for ADU landlords
Adding a rental unit changes your risk exposure in ways a standard homeowner's policy won't cover. Most homeowner's policies exclude rental activity and tenant-related liability. Before your ADU's first tenant moves in, get a landlord policy that covers the structure, lost rental income if the unit becomes uninhabitable, and liability for injuries on the property. You can explore options through landlord insurance in Colorado to find coverage suited to ADU rentals specifically.
El Paso County vs. Colorado Springs city limits
If your property sits in unincorporated El Paso County rather than within Colorado Springs city limits, county zoning codes apply instead of city ordinances. Permitted ADU types, size limits, setbacks, and the approval process can all differ. Don't assume city rules apply to your property without confirming jurisdiction first. Contact El Paso County Planning directly for county-specific requirements.
Frequently asked questions
Does HB 24-1152 override Colorado Springs' previous restrictions in single-family zones?
Yes. HB 24-1152, effective June 2024, requires Colorado municipalities to allow at least one ADU on any single-family or duplex-zoned lot. Colorado Springs can still enforce design, setback, and permit standards, but it can no longer prohibit ADUs outright in those zones.
What's the difference between an ADU and an Accessory Family Suite in Colorado Springs?
An Accessory Family Suite is integrated within the primary structure and is often limited to family members. A standard ADU can be rented to unrelated tenants. The distinction matters if generating rental income is your goal.
Where can I find the exact setback requirements for my property?
Setbacks vary by zone district. The most reliable approach is a pre-application meeting with the City Planning Department or a direct review of your zone's standards in the city's ADU ordinance.
Can I rent out both the main home and the ADU?
No. Colorado Springs requires the owner to occupy either the primary home or the ADU as their primary residence for more than half the year. Renting both units while living elsewhere isn't permitted under current rules.
What happens if I built an unpermitted ADU before the new rules?
The city can require you to bring the unit up to code or remove it. Unpermitted structures discovered during a sale, refinance, or code enforcement complaint can result in fines and mandatory corrections. Contact the City Planning Department proactively to understand your retroactive permitting options.
Can my HOA block an ADU even though state law now allows them?
Possibly. HB 24-1152 binds municipalities, not private HOAs. Your HOA's CC&Rs may still restrict or prohibit ADUs. Review those documents carefully and, if needed, consult an attorney before investing in plans or permits.
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