FIELD NOTES / PROPERTY RESEARCH
Austin zoning and deed restrictions: what a lot allows, and who can still say no
Austin zoning and deed restrictions are two separate checks on what you can build on a lot, and passing one does not pass the other. Since the HOME amendments (Phase 1 adopted December 7, 2023, Phase 2 adopted May 16, 2024), City of Austin zoning allows up to three housing units on an SF-1, SF-2 or SF-3 lot and a single home on a lot as small as 1,800 square feet, according to Austin Development Services. But the City says it “cannot prevent landowners from developing property based on a deed restriction” and does not enforce one either: the parties named in a recorded restriction enforce it, and a Texas court may assess civil damages of up to $200 a day under Property Code Section 202.004. Here is how to run both checks for an Austin address, what the May 2026 Council resolution may change, and what the answers mean for an offer.
By David Eimer · Austin Journal · 12 minute read · Published

The numbers
- Homes allowed on an SF-1, SF-2 or SF-3 lot under HOME Phase 1
- Up to three housing unitsAs of Adopted December 7, 2023
Ordinance 20231207-001; applications accepted from February 5, 2024.
- Smallest lot for one home under HOME Phase 2
- 1,800 square feetAs of Adopted May 16, 2024
Lots of at least 1,800 and less than 5,750 square feet; citywide applications accepted from November 16, 2024.
- Civil damages a court may assess for violating a restrictive covenant
- Up to $200 for each day of the violationAs of Texas Property Code Section 202.004, as published September 2026
- Zoning Verification Letter fee, Austin Planning
- $108.99As of Zoning plan review fee schedule effective October 1, 2025
A separate $40.00 fee appears in a second department's column on the same line; processing is typically 7 to 10 business days.
- Regulated tree threshold on Austin residential property
- 19 inches in diameterAs of September 2026
Smaller trees are not regulated; larger ones need a Tree Ordinance Review Application to remove, prune 25% or more, or disturb the root zone.
- Deadline for the first HOME follow-up code amendments
- December 3, 2026As of Resolution 20260507-026, approved May 7, 2026
Source: City of Austin ↗
What does Austin zoning allow on a single-family lot in 2026?
Austin zoning for houses is set by the base districts in Chapter 25-2 of the Land Development Code: SF-1 (Single Family Residence, Large Lot), SF-2 (Standard Lot), SF-3 (Family Residence), SF-4A (Small Lot), SF-4B (Condominium), SF-5 (Urban Family Residence) and SF-6 (Townhouse and Condominium Residence), per Austin Planning's zoning resources page. Section 25-2-492 of the code sets each district's height, setbacks, building coverage, impervious cover and floor-to-area ratio, and Austin Development Services' April 2025 presentation lists the standard single-family lot as 5,750 square feet with 50 feet of width in SF-2 and SF-3, and 10,000 square feet with 60 feet of width in SF-1.
HOME Phase 1 (Ordinance 20231207-001, adopted December 7, 2023, applications accepted from February 5, 2024) allows “up to three housing units, including tiny homes, on a Single-Family (SF) zoned property (SF-1, SF-2, SF-3)” and removed the limit on the number of unrelated adults in a home. For duplex, two-unit and three-unit uses the City's standards are a 5,750-square-foot minimum lot, a 15-foot front setback, 45% maximum impervious cover, 40% maximum building cover and 35 feet of height. Inside the Subchapter F boundary, one unit may not exceed the greater of 2,300 square feet or 0.4 FAR, two units the greater of 3,200 square feet or 0.55 FAR, and three units 4,350 square feet or 0.65 FAR; an automatic sprinkler system is required for all three-unit structures.
HOME Phase 2 (Ordinance 20240516-006, adopted May 16, 2024, accepted citywide from November 16, 2024) created a “small lot single-family residential use”: one unit on a lot of at least 1,800 square feet but less than 5,750 in SF-1, SF-2 or SF-3, with a 15-foot minimum lot width (20 feet for the flag of a flag lot), 5-foot side and rear setbacks and 35 feet of height. A lot already under 5,750 square feet can go straight to a building permit; a larger lot must first be subdivided, and a Residential Infill replat of no more than one acre of platted residential land can use the streamlined drainage review Council adopted on March 6, 2025.
Austin single-family site standards before and under HOME, SF-1, SF-2 and SF-3
| Standard | Single-family use, SF-1 | Single-family use, SF-2 and SF-3 | Duplex, two-unit and three-unit (HOME Phase 1) | Small lot single-family (HOME Phase 2) |
|---|---|---|---|---|
| Minimum lot size | 10,000 sq ft | 5,750 sq ft | 5,750 sq ft | 1,800 sq ft (and less than 5,750) |
| Minimum lot width | 60 ft | 50 ft | Base zoning district | 15 ft (20 ft for the flag of a flag lot) |
| Units per lot | One | One | Up to three | One |
| Front setback | 25 ft | 25 ft | 15 ft | 5 to 10 ft |
| Side setback | 5 ft | 5 ft | Base zoning district | 5 ft |
| Rear setback | 10 ft | 10 ft | 5 ft (5 to 10 ft by lot) | 5 ft |
| Maximum impervious cover | 40% | 45% | 45% | Base zoning |
| Maximum building cover | 35% | 40% | 40% | Not applied |
| Maximum height | 35 ft | 35 ft | 35 ft | 35 ft |
What the district letters do not tell you: a Conditional Overlay from an old rezoning case, a Neighborhood Conservation Combining District (Hyde Park, North Hyde Park and North University, East 11th and 12th Streets, and Fairview Park have them), a regulating plan, or the Wildland-Urban Interface can all change the answer, and Phase 1 standards apply only to two- and three-unit uses. A plain single-family house is still reviewed under the older rules, including Subchapter F.
Sources: City of Austin Planning ↗ · City of Austin Development Services ↗

How do I look up the zoning for an Austin address?
The City's Property Profile tool at maps.austintexas.gov is the free first stop for Austin zoning: the City calls it “a convenient and easy way to access information about any property in Austin,” drawing on “the City's official records,” with the caveat that “some data may not reflect recent changes or updates.” The June 2026 layer list runs to more than two hundred layers, including Zoning, Zoning Text, Zoning Ordinance and Zoning Case Managers, Regulating Plan Subdistrict and Neighborhood Planning Areas, TCAD parcel, Lot, Block, Lot Line and Recorded Subdivision, easement polygons, FEMA and fully developed floodplain, creek buffers and waterway setbacks, Edwards Aquifer zones, 2022 tree canopy, and building, demolition and tree permits.
For a written answer, a Zoning Verification Letter from Austin Planning “confirms the current zoning designation of a specific property.” You download the request form, submit it through the Land Use Intake Request Form, pay on the AB+C portal, and receive the letter by email; the City says “processing time is typically 7–10 business days.” The zoning plan review fee schedule effective October 1, 2025 lists the verification at $108.99, with a $40.00 fee in a second department's column on the same line, so budget about $149 in total (computed) and confirm the amount on the portal.
Austin Planning zoning fees a buyer or owner is most likely to meet
| Item | Austin Planning fee | Notes |
|---|---|---|
| Zoning Verification Letter | $108.99 | Plus a $40.00 fee in a second department's column; typically 7 to 10 business days |
| Informal Zoning Change Review | $219.00 | A staff read on a possible rezoning before filing |
| Land Use Determination | $1,026.08 subtotal ($438.90 fee plus $587.18 basic notification) | Other departments' fees also listed |
| Regular rezoning, less than 0.25 acre | $3,345.84 subtotal ($1,975.75 fee plus notifications) | Other departments' fees also listed |
| Restrictive Covenant Amendment or Termination | $14,903.66 subtotal ($1,566.48 fee plus $587.18 and $12,750.00 notifications) | For covenants the City is a party to |
| Research/Data Request | $195.00 per hour, up to 8 hours |
Read the zoning ordinance layer as well as the district label. An SF-3 lot with a Conditional Overlay carries whatever conditions its rezoning ordinance wrote, and a lot inside a regulating plan follows that plan's standards instead of the base district. The property research desk lists the other public records to pull for an address, and the permit-history note explains what the building-permit layers on the same map can tell you about past work.
Sources: City of Austin Development Services ↗ · City of Austin GIS ↗
What is a deed restriction, and why doesn't Austin zoning override it?
A deed restriction is a private limit on an Austin property that survives every change in City zoning. Austin Development Services puts it this way: “Real estate deed restrictions can limit or restrict property use. Deed restrictions generally run with the land, regardless of who owns the property,” and “a deed restriction enforceable now should remain enforceable, regardless of changes to City zoning regulations.” A 1950s subdivision covenant limiting each lot to one single-family dwelling still binds the lot after HOME, even though zoning now allows three units.
The City does not police these documents. Its page states that “the parties named in the restriction enforce deed restrictions. If the City is not a named party, then enforcement is a civil matter between the named parties in the restriction,” and that “the City cannot prevent landowners from developing property based on a deed restriction.” If a permit application meets the Land Development Code, “staff must approve the application whether or not it conforms to a deed restriction.” The same page and the HOME page both say it is the applicant's responsibility to check for deed restrictions or restrictive covenants before applying, which is why a City permit is not proof that a project is allowed.
State law supplies the teeth. Texas Property Code Section 202.001 defines a restrictive covenant as “any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative”; Section 202.003 says a covenant “shall be liberally construed to give effect to its purposes and intent”; and Section 202.004 lets a court “assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.” A neighbor named in the restriction, or a property owners' association acting for the owners, can bring that suit.
Some restrictions cannot be enforced at all. Under Section 202.010 an association “may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device,” with listed exceptions; Section 202.011 protects wind- and hail-resistant, energy-efficient or solar shingles that resemble the neighborhood's; and Section 202.012 protects display of the United States, Texas and armed-forces flags. New master-planned communities are governed by exactly these recorded declarations, which is why the guide to buying new construction in Austin treats the declaration as a closing document, not paperwork.
Sources: City of Austin Development Services ↗ · Texas Property Code, Chapter 202 ↗
How do I find deed restrictions on an Austin property before I make an offer?
Deed restrictions on an Austin lot live in the Travis County Clerk's Official Public Records, not at the City. Austin Development Services points searchers to the clerk's search site and suggests the keywords “Deed” or “Restriction”; the Property Profile's Recorded Subdivision layer gives you the subdivision name to search, and the restrictions are usually recorded with the plat and referenced by volume and page in the deed itself. Ask the title company to pull every recorded instrument it lists as an exception, and read them before the option period ends.
If the lot sits in a mandatory property owners' association, Texas Property Code Section 5.012 requires the seller to give a written notice of membership stating that “restrictive covenants governing the use and occupancy of the property and all dedicatory instruments … have been or will be recorded in the Real Property Records of the county” and that “copies of the restrictive covenants and dedicatory instruments may be obtained from the county clerk.” Section 209.005 then makes the association's books and records, including financial records, “open to and reasonably available for examination by an owner.”
What the documents can say matters more than that they exist: one dwelling per lot, a minimum house size, setbacks deeper than zoning's, architectural approval before any exterior change, or a bar on subdividing the lot are all common. Changing them is hard by design. Section 209.0041 provides that a declaration “may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote,” unless the declaration sets a lower share, and Chapter 202 covenants without an association need the process the instrument itself prescribes.
Owners have protections in return. Before an association can fine an owner or suspend common-area rights, Section 209.006 requires written notice by certified mail describing the violation, offering “a reasonable period to cure the violation” where the violation is curable, and telling the owner they may request a hearing within 30 days. For associations of more than 40 lots, Section 209.00505 lets an owner appeal an architectural-review denial to the board. The checklist below puts the public and private checks side by side.
The two checks for an Austin lot: public rules and private restrictions
| Check | Where | What it answers | Cost |
|---|---|---|---|
| Base zoning, overlays, regulating plan | Property Profile, maps.austintexas.gov | District letters, conditional overlays, zoning case history | Free |
| Written zoning confirmation | Zoning Verification Letter, Austin Planning | Current zoning designation of the parcel | $108.99 fee; 7 to 10 business days |
| Recorded deed restrictions | Travis County Clerk official public records, keywords “Deed” or “Restriction” | Private limits on use, units, size, subdivision | Free to search |
| Association dedicatory instruments | Seller's Section 5.012 notice; association records under Section 209.005 | Declaration, bylaws, rules, architectural review | Copies from the clerk or the association |
| Regulated trees | Property Profile tree canopy layer, then a Tree Ordinance Review Application | Whether a tree of 19 inches or more limits the footprint | City fee schedule applies |
| Floodplain and creek buffers | Property Profile FEMA and fully developed floodplain layers | Whether drainage or floodplain review applies | Free |
Sources: City of Austin Development Services ↗ · Travis County Clerk ↗ · Texas Property Code, Chapter 5, Section 5.012 ↗ · Texas Property Code, Chapter 209 ↗ · City of Austin GIS ↗

What is changing in Austin zoning in 2026? The HOME follow-up resolution
Austin zoning for small lots is under review again. On May 7, 2026, the Austin City Council approved Resolution 20260507-026 (Item 26), sponsored by Council Member Krista Laine, Mayor Pro Tem José “Chito” Vela and Council Members José Velásquez and Zohaib “Zo” Qadri, “initiating amendments to City Code Title 25 (Land Development) to modify site development and other regulations for two-unit and three-unit residential uses and allow two-unit and three-unit residential uses in all zoning districts and regulating plans where single family and multifamily residential uses are permitted consistent with HOME Phases 1 and 2 regulations.”
The resolution directs the City Manager to propose code that would allow two dwelling units “on lots of at least 3,600 square feet and less than 5,750 square feet” in SF-1, SF-2 and SF-3, reduce lot-width minimums where two- and three-unit uses are allowed, permit a zero side-yard setback, let front porches project “up to 50 percent into the required front yard setback” while keeping 7.5 feet from the front lot line, drop building-coverage limits for duplex, two-unit and three-unit uses in favor of impervious cover, exempt three-unit and large duplex projects from on-site landscaping, and cut the cost and time of subdividing. It also cites Resolution 20260326-040, the Missing Middle Resolution, and asks for consistency between the two.
What Resolution 20260507-026 directs the City Manager to draft
| Item | Direction |
|---|---|
| A | Allow base zoning to reduce lot width where two- and three-unit uses are allowed |
| C | Allow a zero side-yard setback regardless of the date of subdivision |
| D | Allow two dwelling units on lots of at least 3,600 and less than 5,750 sq ft in SF-1, SF-2 and SF-3 |
| E | Reduce the cost and time to subdivide a lot to the minimum size for two- and three-unit uses |
| F | Let front porches project up to 50% into the front setback, keeping 7.5 ft from the front lot line |
| G | Relax garage-width rules for structures 12 ft or narrower and for lots with less than 50 ft of frontage |
| H | Eliminate building-coverage limits for duplex, two-unit and three-unit uses; keep impervious cover |
| I | Exempt three-unit and large duplex uses from on-site landscaping |
| K | Add two-unit and three-unit uses to appropriate multifamily base districts |
| Deadline | Initial amendments to Council no later than December 3, 2026 |
| Reports | Four HOME reports to the Planning Commission, one every six months for two years |
None of it is law yet. A resolution initiates code amendments; the Land Development Code stays as adopted until Council votes on drafts, and the resolution sets the deadline for staff's first amendments as “no later than December 3, 2026,” with four HOME reports to the Planning Commission, one every six months for two years. Deed restrictions are untouched by any of it: the City's own statement that an enforceable restriction remains enforceable “regardless of changes to City zoning regulations” applies to the next ordinance as much as the last.
Sources: City of Austin ↗ · City of Austin Development Services ↗
How do trees, floodplain and drainage narrow what Austin zoning allows?
Austin zoning tells you the envelope; the site tells you how much of it you can use. Austin Development Services' residential tree page states that “trees less than 19 inches in diameter are not regulated on residential property,” and that regulated trees “require a permit to remove or impact”: a Tree Ordinance Review Application is needed to remove the tree, prune 25% or more of its canopy, or disturb its critical root zone. Within the quarter critical root zone “no impacts are allowed,” within the half zone “no cut or fill greater than 4 inches,” and across the full zone 50% of the ground must be left undisturbed. A single large live oak in the middle of a 5,750-square-foot lot can take a third unit off the table before zoning ever comes up.
The Property Profile's environmental layers do the same work for water. FEMA floodplain, the City's fully developed floodplain, creek buffers and waterway setbacks, the Edwards Aquifer recharge and contributing zones, and 2023 impervious cover are all on the map, and the HOME page explains that lots created after June 16, 2025 under the infill drainage rules may need grading to send runoff to the street before a certificate of occupancy is issued. The tree note and the flood-map note walk through each layer in order.
Sources: City of Austin Development Services ↗ · City of Austin GIS ↗
How should an Austin buyer or seller use zoning and deed restrictions before an offer?
For a buyer whose plan depends on a second unit, a backyard cottage or a lot split, run both Austin checks inside the option period, not after closing: print the Property Profile page with the zoning, overlay, floodplain and tree-canopy layers on, pull the subdivision's recorded restrictions from the county clerk, request the declaration and rules if there is an association, and order the $108.99 Zoning Verification Letter when a lender or a partner needs a written answer. A Texas real estate attorney, not the listing description, should read the restrictions.
For a seller, HOME potential is a selling point only if the recorded documents allow it. Advertise what the deed restrictions permit, not what zoning permits, and put the Property Profile printout and the restriction search in the disclosure folder so the question is answered once. In a market where Unlock MLS put the City of Austin median sale price at $560,000 in August 2026 and the 30-year mortgage rate crossed 7% in late September, the September 2026 market note explains why buyers are paying for certainty rather than possibility.
Neither check predicts what Council will adopt from the May 2026 resolution, and nothing above is legal advice. If you want the two checks run on a specific Austin address, bring the address and David can pull the Property Profile layers, the recorded restrictions and the association documents for it, then send the legal questions to the right professional.
Common questions
Can I build an ADU or second unit on my Austin lot?
Under HOME Phase 1, adopted December 7, 2023, City of Austin zoning allows up to three housing units on an SF-1, SF-2 or SF-3 lot of at least 5,750 square feet, within 45% impervious cover, 40% building cover and 35 feet of height, and inside Subchapter F a single unit is capped at the greater of 2,300 square feet or 0.4 FAR. A recorded deed restriction limiting the lot to one dwelling still applies: the City will issue the permit anyway, but the parties named in the restriction can sue, and a court may assess up to $200 a day in civil damages under Property Code Section 202.004.
How do I find out what my property is zoned in Austin?
Open the City of Austin Property Profile at maps.austintexas.gov, search the address, and turn on the Zoning, Zoning Ordinance and Neighborhood Planning Areas layers; it is free and draws on the City's official records. For a written answer, request a Zoning Verification Letter from Austin Planning, which costs $108.99 on the fee schedule effective October 1, 2025 and typically takes 7 to 10 business days.
Does Austin zoning override deed restrictions?
No. Austin Development Services states that a deed restriction enforceable now “should remain enforceable, regardless of changes to City zoning regulations,” that the City does not enforce deed restrictions, and that permit staff must approve a code-compliant application whether or not it conforms to one. Zoning is the public limit and a deed restriction is a private one; a project needs to clear both.
What is the minimum lot size in Austin?
The standard single-family minimum is 5,750 square feet in SF-2 and SF-3 and 10,000 square feet in SF-1. HOME Phase 2, adopted May 16, 2024, allows one home on a lot of at least 1,800 square feet in those districts as a small lot single-family use. A Council resolution approved May 7, 2026 asks staff to draft rules allowing two units on lots of 3,600 to 5,750 square feet, with first amendments due by December 3, 2026; that is a proposal, not current code.
How do I find deed restrictions on a property in Travis County?
Search the Travis County Clerk's Official Public Records at tccsearch.org using the subdivision name with the keywords “Deed” or “Restriction,” as the City of Austin suggests, and ask the title company for every recorded instrument it lists as an exception. If the home is in a mandatory owners' association, the seller must give a Property Code Section 5.012 notice of membership, and Section 209.005 gives owners the right to examine the association's books and records.
Take this to your next conversation
- Print the Property Profile for the address with the zoning, zoning ordinance, floodplain and tree-canopy layers on, and keep it with the offer file.
- Pull the subdivision's recorded restrictions from the Travis County Clerk and, if there is an association, the declaration and rules; read both before the option period ends.
- If the plan depends on a second unit or a lot split, order the Zoning Verification Letter ($108.99, 7 to 10 business days) and have a Texas real estate attorney read the restrictions.
Sources and review date
Sources checked . Planning suggestions are editorial guidance; current property facts and requirements need an address-specific check.
- City of Austin Development Services: Deed restrictions and development ↗
- City of Austin Development Services: Property Profile overview ↗
- City of Austin GIS: Property Profile layers, June 2026 ↗
- City of Austin Planning: Zoning resources and site regulations ↗
- City of Austin Development Services: Zoning verification ↗
- City of Austin Development Services: Zoning plan review fees, effective October 1, 2025 ↗
- City of Austin Development Services: HOME amendments ↗
- City of Austin Development Services: Building under HOME, two-unit, three-unit and duplex (Phase 1), April 15, 2025 ↗
- City of Austin Development Services: Building under HOME, small lot single-family (Phase 2), April 29, 2025 ↗
- City of Austin: May 7, 2026 City Council regular meeting, Item 26 ↗
- City of Austin: Resolution 20260507-026, HOME follow-up (Council backup, file 26-1709) ↗
- Texas Property Code, Chapter 202: Restrictive covenants ↗
- Texas Property Code, Chapter 209: Texas Residential Property Owners Protection Act ↗
- Texas Property Code, Chapter 5, Section 5.012: Notice of obligations related to membership in property owners' association ↗
- City of Austin Development Services: Trees on residential property ↗
- Travis County Clerk: Official public records search ↗