Ownership and use

Planning permission and a completed dwelling do not answer every question about who may live in it, how it may be rented, or whether it can be transferred separately. The answer can depend on the local authority, dwelling type, project history, funding, and documents registered against the property.

Use this category to check the conditions that apply at application, initial occupancy, ongoing operation, or transfer. Start with the article closest to your decision:

Articles

• Does an ADU require owner occupancy or shared ownership? — identify who must own or live on the property and when.
• Can the unit be rented or used as a short-term rental? — separate ordinary tenancy from short-stay permission, licensing, and use conditions.
• Can a secondary dwelling be separately sold, titled, or subdivided? — distinguish a permitted dwelling from a separately transferable legal interest.
• How do unit count, affordability, and continuing covenants affect use? — check limits and obligations tied to a program, recorded agreement, or local rule.
• What ownership and use rules apply to temporary or portable units? — trace temporary authorization, placement, occupancy, and removal conditions.
• Who qualifies as an ADU owner under Washington law? — read the 50 percent ownership definition and its limited statutory scope.

Read the right rule for the right question

An ADU, secondary suite, garden suite, laneway house, annexe, and similar local labels do not have one shared legal meaning. First identify the parcel and the authority that administers the relevant rule. Then match the rule to the proposed or existing unit, its construction and approval status, and the intended use.

Check public planning and licensing rules separately from title, strata or condominium documents, leases, lender terms, insurance, homeowners’ association restrictions, and funding agreements. One approval does not automatically satisfy the others. A rental licence, for example, does not establish that the dwelling was lawfully built or approved for occupancy.

The examples in these articles are jurisdiction-specific illustrations, not a substitute for the current rule or a decision about a particular property. Verify the operative bylaw, statute, recorded instrument, program terms, effective date, and property-specific approvals with the responsible authority before relying on a result.

Selected local rules

These focused examples answer specific local ownership and use questions. Use the named authority’s current requirements for the property; the articles do not replace a parcel or permit-record check.

United States and Canada

• Oregon ADUs: owner occupancy and vacation use

• Can an NYC ADU be used for short-term rentals?

• Can a San Diego City ADU be sold separately?

• Massachusetts protected ADUs: occupancy, rental, and short stays

• Howard County ADU owner occupancy and rental licensing

• Can a San Diego ADU be used as a short-term rental?

• San Diego County ADU separate sale

• How San José handles separate sale of an ADU

• Can a Kauaʻi guest house be a separate condominium unit?

• Kelowna 2026 short-term-rental principal-residence exception

• Salt Lake City ADU ownership, rental, and short stays

• Austin ADUs and short-term rental licences

• Honolulu ADUs: rental term and separate-sale covenants

• Calgary secondary-suite registration

• Edmonton secondary-suite unit limits and separate sale

• Ottawa additional dwelling unit limits and configurations

• Winnipeg secondary-suite legal status

• Boulder ADU occupancy, rental, and sale

• Charlotte ADU ownership and rental

• Regina secondary suites and rental tax exemption

• Vancouver laneway-house separate sale

• Montréal short-term tourist rentals

• Fairfax County short-term lodging and accessory units

• Perth County agricultural ADUs and Garden Suites

• Fort Frances additional residential units and Garden Suites

• Portland ADUs and short-term rentals

• B.C. Agricultural Land Reserve: short-term stays in secondary and additional residences

• B.C. short-term rental registration for ADUs and secondary suites

• California JADUs: owner occupancy and rental terms

• Phoenix ADUs and short-term-rental owner occupancy

• Arizona ADUs: long-term leasing and short-term-rental rules

• Bellevue ADUs and separate ownership

• Miami-Dade ADUs and guesthouses: rental and sale conditions

• Maine ADUs: owner occupancy and unit-count rules

• New York City cellar ADUs: the 2026 rental exception

• Rhode Island ADUs: by-right paths and transient rentals

• San Francisco ADUs and separate conveyance

• Kansas City ADUs: owner occupancy and deed restriction

• Toronto secondary suites and short-term rentals

• Whistler ADUs: employee occupancy and RS-E2 covenants

• Duluth ADU rental and short-term-rental permits

• Fayetteville ADUs and short-term rentals

• Charlottesville accessory apartments and homestays

• Nova Scotia secondary suites and short-term rentals

• Florida ADU affordable-rent permit path

• Brandon secondary-suite owner occupancy

Scotland and England and Wales

• Cornwall annexe: ancillary use and ownership conditions
• Scotland short-term lets and planning permission
• Eryri annexe use and planning
• Hastings annexes: renting or selling separately
• Aberdeenshire ancillary accommodation and caravans
• England residential-annexe Community Infrastructure Levy exemption
• Rother annexes: ancillary use, occupancy, and sale conditions