Yes. Surprise allows one attached and one detached accessory dwelling unit by right on any lot zoned for a single-family home under Municipal Code Chapter 106, Article XI (§§106-11.1 to 106-11.7), added by Ordinance 2024-43 on December 17, 2024 to comply with Arizona's casita law (A.R.S. §9-461.18). The unit may be the lesser of 1,000 sq ft or 75% of the house's interior floor area, with 5-foot rear and side setbacks, the house's own height limit (35 ft in R-1), no added parking and no owner-occupancy rule. Approval is ministerial by the Community Development Director with a 30-day completeness clock, followed by a valuation-based building permit — roughly $1,700 to $2,800 in permit, plan-review and processing fees for a 600 to 1,000 sq ft unit — and development impact fees of up to $4,326 per dwelling, more if a new water meter is set. The Surprise-specific catch: lots in the territory around Luke Air Force Base or any other airport are excluded from ADU eligibility outright.
In Surprise you will also hear an ADU called a casita — Arizona's ADU statute (A.R.S. §9-461.18) and most local codes use it. The rules on this page apply either way.
Zoning & Size Requirements [1][2][3][4][5]
Yes — Surprise allows ADUs. A detached ADU can typically be up to 1,000 sq ft under current Arizona and Surprise zoning rules.
See what this means for your lot — ask Surprise ADU builders for a quote →
| Allowed Zones | Any lot zoned for a single-family dwelling that already has one, if adequate utility service exists (§106-11.3.A.1, §106-11.4.A.1) — RR, R-1, R-2 and PAD single-family lots. Not on a lot with a duplex or multi-family development (§106-11.4.A.1). Excluded: tribal land and land in the territory in the vicinity of Luke Air Force Base (A.R.S. §28-8461), a general aviation or public airport (A.R.S. §28-8486) (§106-11.3.A.3) — without the statute's 65-decibel qualifier, so check your parcel first |
| Max Size (Detached) | The lesser of 75% of the gross floor area of the existing house or 1,000 sq ft (§106-11.3.A.2); gross floor area means interior habitable area (§106-11.2, adopting A.R.S. §9-461.18). The unit also counts toward the lot-coverage cap that applies to the house (§106-11.4.A.4): 45% on R-1 lots of 8,000-11,999 sq ft, 40% at 12,000-17,999 sq ft, 30% at 18,000-43,559 sq ft, 25% in RR and on R-1 lots of 1 acre or more (Tables 106-2b, 106-2c); no cap is listed for R-1 lots under 8,000 sq ft |
| Max Size (Attached) | Same cap — the lesser of 75% of the house's interior habitable area or 1,000 sq ft (§106-11.3.A.2). An attached unit may share a common wall or roof with the house (§106-10.3.E) and must have its own sleeping and sanitation facilities (§106-11.4.A) |
| Max Size (JADU) | Not a category in Arizona — Surprise's article (§§106-11.1 to 106-11.7) has no junior ADU designation and the Chapter 101 glossary defines none |
| Max Height | The same height limit as a single-family dwelling on the same lot (§106-11.4.A.5): 35 ft in R-1 and R-2 (Tables 106-2c, 106-2d, as amended by Ord. 2025-19) and 40 ft in RR (Table 106-2b); a PAD lot uses the PAD's own house standard. State law bars a stricter ADU height than the house's (A.R.S. §9-461.18(B)(5)) |
| Max Units | 2 per lot — one attached plus one detached ADU (§106-11.3.A.1.a-b). On a lot of 1 acre or more: one attached plus two detached, but only if at least one ADU is a restricted-affordable unit deed-restricted for 30 years at HUD maximum rents, with an annual compliance report to the city by January 30 (§106-11.3.A.1.c, §106-11.7) |
Setback Requirements [1][2][3][4][5]
Surprise requires a rear setback of about 5 ft for a detached ADU, and no additional parking is required. Owner-occupancy is not required — you can rent it out without living on the property.
| Rear Setback | No less than 5 ft from the property line (§106-11.4.A.3.a) — the ceiling state law allows (A.R.S. §9-461.18(B)(6)), against 15-30 ft for the house itself in R-1 (Table 106-2c). The unit must also sit at least 5 ft from any other structure (§106-10.3.A) and outside any existing or planned public utility easement unless every easement holder and affected utility consents in writing (§106-11.4.B) |
| Side Setback | No less than 5 ft from the property line (§106-11.4.A.3.b), the state-law ceiling (A.R.S. §9-461.18(B)(6)); the house's own R-1 side yards are 5-20 ft (Table 106-2c). The article does not relax the street-side setback on a corner lot (15 ft in R-1, 20 ft in RR, 10 ft in R-2) — ask Planning before designing to the street side |
| Front Setback | No less than the front setback permitted for the house on the same lot (§106-11.4.A.3.c): 12 ft on R-1 lots under 12,000 sq ft, 15-30 ft on larger R-1 lots, 30 ft in RR, 10-15 ft in R-2 (Tables 106-2b to 106-2d). §106-10.3.F separately keeps detached accessory structures out of the front yard except in RR; the ADU article says state law controls any conflict (§106-11.1) |
| Parking Required | None — no additional parking space or in-lieu parking fee may be required (§106-11.4.A.6; A.R.S. §9-461.18(B)(3)). Ordinance 2024-43 removed the old one-extra-space ADU rule |
| Owner Occupancy | Not required — the article is silent, and state law bars Surprise from prohibiting separate long-term leasing of the house or the ADU or from requiring any relationship between the occupants (A.R.S. §9-461.18(B)(1)-(2)). Surprise has not adopted the A.R.S. §9-500.39(B)(9) option to require owner residency for short-term rental of an ADU; nightly rental needs a city licence — see the rental section |
| Min Lot Size | No ADU-specific minimum lot size — one attached plus one detached unit is allowed on lots both under and over 1 acre (§106-11.3.A.1.a-b), and a lot of 1 acre or more can add a third (§106-11.3.A.1.c). District minimums for the house are 4,950 sq ft in R-1 lot category A and 43,560 sq ft in RR (Tables 106-2b, 106-2c) |
Permit Process & Fees [6][7][8][9][10][11]
An ADU permit in Surprise goes through a ministerial, by-right review. Typical timeline: 30 days for the completeness decision and 15 days per resubmittal are written into the code (§106-11.5.D.1); the standard plan-review time is not published — expedited review halves it for 200% of the review fee (Res. 2026-16, May 19, 2026). Ask Community Development for the current turnaround. Permit fees: Valuation-based (Res. 2026-16, eff. May 19, 2026): $100 + $6 per $1,000 of valuation, plan review at 65% of that, plus a 0.5%-of-valuation processing fee — about $1,700 for a 600 sq ft casita and $2,800 for 1,000 sq ft at ICC valuation; confirm the valuation basis with the city.
| Approval Process | Ministerial — approved by the Community Development Director without a public hearing, variance, conditional use permit, special permit or special exception (§106-11.5.B), then a building permit under the 2024 I-Codes (§106-11.5.C, §105-19). Staff must decide administrative completeness within 30 days and review a resubmittal within 15 days (§106-11.5.D.1); on substantive review a shortfall can be excused only by an administrative adjustment under §102-4.6 (§106-11.5.D.2). A denial is appealed under §102-2 on the objective criteria only (§106-11.5.E); a finding that the ADU is not a permitted use goes to the Board of Adjustment (§106-11.3.B). Expedited review at half the standard time costs 200% of the plan-review fee, $1,000 minimum (Res. 2026-16) |
| Review Timeline | 30 days for the completeness decision and 15 days per resubmittal are written into the code (§106-11.5.D.1); the standard plan-review time is not published — expedited review halves it for 200% of the review fee (Res. 2026-16, May 19, 2026). Ask Community Development for the current turnaround |
| Permit Fees | Valuation-based (Res. 2026-16, eff. May 19, 2026): $100 + $6 per $1,000 of valuation, plan review at 65% of that, plus a 0.5%-of-valuation processing fee — about $1,700 for a 600 sq ft casita and $2,800 for 1,000 sq ft at ICC valuation; confirm the valuation basis with the city |
| Impact Fees | Due at building permit (§110-4.2; Res. 2024-72, effective August 5, 2024): per single-family dwelling $1,800 parks + $1,737 fire + $581 police + $208 general government = $4,326 ($2,665 at the multi-family rate). Water, water-resource and wastewater fees are charged per new meter ($13,455 for a 0.75-inch meter in SPA 1, about $15,800-$17,950 in SPAs 2-4), so an ADU served through the house meter should owe none. The schedule has no ADU line — get a written estimate from Community Development |
| Plan Check | Full review under the 2024 International Building, Residential, Mechanical, Plumbing, Fuel Gas, Energy Conservation, Existing Building and Fire Codes and the 2023 NEC with Surprise's local amendments dated January 1, 2026 (§105-19, Ord. 2025-14); a Self-Certification Building Permit Program exists for qualifying work ($300 meeting fee, Res. 2026-16). State law bars a commercial building code or a fire-sprinkler requirement for an ADU (A.R.S. §9-461.18(D)) |
| Pre-Approved Plans | None found — A.R.S. §9-461.20 required three pre-approved ADU plans (200, 600 and 1,000 sq ft) from July 1, 2026, but no Surprise program or plan library appears in council records through September 2026; ask Community Development |
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Construction Costs [12][13][14]
Building an ADU in Surprise typically costs $150,000-$280,000 ($175-$350 per sq ft); a garage conversion runs $80,000-$150,000.
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| Average Build Cost | $150,000-$280,000 |
| Cost per Sq Ft | $175-$350 |
| Garage Conversion | $80,000-$150,000 |
| Prefab ADU (Installed) | $150,000-$300,000 |
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Rental Income Potential [15][16][17][18][19]
A 2-bedroom ADU in Surprise rents for around $1,650-$2,250/mo, an estimated 6-11% gross rental yield.
| Avg Rent (1 Bedroom) | $1,400-$1,900/mo |
| Avg Rent (2 Bedroom) | $1,650-$2,250/mo |
| Short-Term Rental | Yes, with a city licence: Surprise licenses short-term and vacation rentals under Municipal Code Chapter 26, Article X (Ord. 2023-13, April 18, 2023), and the definition names accessory dwelling units (§26-256). |
| Est. Annual ROI | 6-11% gross rental yield |
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Recent Law Changes
What's Changed Recently
- Ordinance No. 2024-43, adopted December 17, 2024 with an emergency clause (effective on adoption), repealed the old §106-10.2 and created Municipal Code Chapter 106, Article XI (§§106-11.1 to 106-11.7) two weeks ahead of the January 1, 2025 deadline in A.R.S. §9-461.18; Municode's history lines print the number as '2025-43'. The article states that state law controls any conflict (§106-11.1)
- The repealed §106-10.2 (Ord. 2022-10, Ord. 2024-03) had capped an ADU at 50% of the house or 800 sq ft, required one extra parking space, banned new ADUs inside the Luke AFB 65 DNL contour and allowed only one unit per lot — all replaced by the 2024 article
- No ADU amendment since: the code is codified through Ord. 2026-05 (April 21, 2026, Supp. 67), and the 2026 ordinances through No. 2026-16 (September 1, 2026) are rezones, annexations, utility-code and agenda-rule changes (verified September 21, 2026)
- Ord. 2025-19 (November 4, 2025) rewrote the residential district tables (§§106-2.3 to 106-2.5) that set the ADU's height, lot coverage and front setback; Ord. 2025-18 (same day) added Chapter 112 Middle Housing — duplex to fourplex by right within 1 mile of the central business district under A.R.S. §9-462.13 — and an ADU is not allowed on a duplex or multi-family lot
- Ord. 2025-14 (December 2, 2025) adopted the 2024 I-Codes and 2023 NEC with local amendments dated January 1, 2026 (§105-19)
- Comprehensive Citywide Fee Schedule amended by Res. 2026-16, effective May 19, 2026 (new expedited plan review at 200% of the review fee, permit-extension fees $115/$155); development impact fees unchanged since Res. 2024-72 (effective August 5, 2024) — the June 2, 2026 Land Use Assumptions/IIP amendment (Res. 2026-64) raised none
- Short-term rentals, including ADUs, licensed citywide since Ord. 2023-13 (April 18, 2023); the licence fee is $250 per rental per year
Tips for Building an ADU in Surprise
- Check the airport map before anything else: the territory in the vicinity of Luke Air Force Base (A.R.S. §28-8461) covers part of Surprise, and a lot inside it is simply not eligible — no variance fixes that (§106-11.3.A.3)
- Measure your house before you design: the cap is the lesser of 1,000 sq ft or 75% of your home's interior habitable area, so a 1,200 sq ft house limits the casita to 900 sq ft and you need at least 1,334 sq ft of house to get the full 1,000
- You can build two ADUs by right — one attached and one detached — and a third on an acre or more if one is deed-restricted to HUD affordable rents for 30 years (§106-11.3.A.1, §106-11.7)
- Hold the city to its own clock: the code gives staff 30 days to tell you whether your application is complete and 15 days to check a resubmittal (§106-11.5.D.1)
- The 5-foot rear and side setback is a state-law ceiling, not a floor — Surprise cannot require more (§106-11.4.A.3; A.R.S. §9-461.18(B)(6)) — but keep the unit 5 ft from the house and other structures (§106-10.3.A) and out of utility easements (§106-11.4.B)
- Permit math (Res. 2026-16): a 600 sq ft casita valued at about $105,600 pays roughly $736 permit + $478 plan review + $528 processing = about $1,740; a 1,000 sq ft unit at about $175,900 pays about $1,156 + $751 + $880 = about $2,790. Re-inspections are $100 per hour ($200 minimum)
- Budget for impact fees: if the city charges the ADU as a single-family dwelling it is $4,326 (Res. 2024-72); keeping the unit on the house's water meter avoids the $13,455-plus per-meter water and sewer fees — ask for a written estimate before you design the utilities
- If you plan to rent nightly, get the short-term rental licence first — $250 a year, neighbour notification and $500,000 insurance under Chapter 26, Article X — and it applies to ADUs by name
- On a PAD lot (most Surprise subdivisions), the PAD's own house setbacks, height and coverage apply to the ADU except where Article XI relaxes them; a zoning verification letter costs $100 (Res. 2026-16)
- Cost basis: 2026 Phoenix-metro builder guides (Fenn Rogers May 2026, Rise Above 2026, Dwelling Index May 2026) — mid-range detached casita $150K-$250K, custom $250K-$400K+, garage conversion $80K-$150K, permits and fees $5K-$12K; no Surprise-specific price list was used
- Cost basis (2026-09-20 re-verification): short term allowed: Yes, with a city licence: Surprise licenses short-term and vacation rentals under Municipal Code Chapter 26, Article X (Ord. 2023-13, April 18, 2023), and the definition names accessory dwelling units (§26-256). Each rental needs its own annual licence — $250 per licence or renewal (Res. 2026-16) — issued or denied within 7 city business days of a complete application, plus an Arizona TPT licence, a 24-hour emergency contact who responds to police within 60 minutes, written notice to adjacent and across-the-street neighbours before the first booking, $500,000 liability insurance, the licence number on every ad and a posted notice inside the unit (§§26-257 to 26-264). Operating unlicensed draws $1,000 per month and verified violations $500 to $1,000-plus (§§26-258, 26-267). No owner-residency condition applies to an ADU
ADU Builders in Surprise
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Sources & References
All data on this page is sourced from official government records and verified market data. View our full methodology.
- Surprise Municipal Code, Part II Land Development Ordinance, Chapter 106 Article XI — Accessory Dwelling Units, §§106-11.1 to 106-11.7 (Ord. No. 2024-43, 12-17-24; codified through Ord. 2026-05, Supp. 67) Municipal Code — Accessed 2026-09-20
- Ordinance No. 2024-43 — Accessory dwelling units (adopted December 17, 2024, emergency clause), Municode OrdBank ordinance — Accessed 2026-09-20
- Surprise Municipal Code Chapter 106 Article II — Residential Zoning Districts, Tables 106-2b to 106-2e (Ord. 2024-03; Ord. 2025-19, 11-4-25) Municipal Code — Accessed 2026-09-20
- Surprise Municipal Code §106-10.3 — Accessory uses and structures (5-ft separation, front-yard rule) Municipal Code — Accessed 2026-09-20
- A.R.S. §9-461.18 — Accessory dwelling units; regulation; applicability; definitions state_statute — Accessed 2026-09-20
- Resolution 2026-16 — Comprehensive Citywide Fee Schedule, effective May 19, 2026 (Community Development: building/fire permit, plan review, processing, expedited review; Finance: short-term rental licence) — City Council packet May 19, 2026 Planning Department — Accessed 2026-09-20
- Resolution 2024-72 — Development Impact Fee schedule adopted May 21, 2024, effective August 5, 2024 (A.R.S. §9-463.05) — City Council packet May 21, 2024 Planning Department — Accessed 2026-09-20
- Resolution 2026-64 — Amended Land Use Assumptions and Infrastructure Improvements Plan, June 2, 2026 (no development fee increase); TischlerBise Development Fee Report as amended 2026 Planning Department — Accessed 2026-09-20
- Surprise Municipal Code Chapter 110 — Development Impact Fees (Ord. 2021-17; §110-4.2 collection, §110-4.3 exceptions) and §105-19 Construction codes (Ord. 2025-14, 12-2-25) Municipal Code — Accessed 2026-09-20
- A.R.S. §9-461.20 — Standard preapproved housing design plans (Class 4 ADU plans from July 1, 2026) state_statute — Accessed 2026-09-20
- Permits & Applications — City of Surprise Community Development Planning Department — Accessed 2026-09-20
- ADUs in Arizona: Rules, Costs, What to Know (2026) — Fenn Rogers Custom Homes, Mesa (updated May 12, 2026) industry — Accessed 2026-09-20
- How Much Does It Cost to Build a Casita in Arizona? (2026 Guide) — Rise Above Remodeling, Phoenix industry — Accessed 2026-09-20
- Prefab Modular ADU: 2026 Costs, Code Paths & Lot Fit — Dwelling Index (updated May 27, 2026) industry — Accessed 2026-09-20
- HUD FY2027 Small Area Fair Market Rent Schedule — Phoenix-Mesa-Chandler MSA ZIP table (Surprise ZIPs 85374, 85378, 85379, 85387, 85388) government — Accessed 2026-09-20
- RentCafe — Average Rent in Surprise, AZ (updated August 31, 2026: 1BR $1,456, 2BR $1,762; city average $1,694) Market Data — Accessed 2026-09-06
- Surprise Municipal Code Chapter 26 Article X — Short-Term Rentals, §§26-255 to 26-267 (Ord. No. 2023-13, 4-18-23) Municipal Code — Accessed 2026-09-20
- A.R.S. §9-500.39 — Vacation rentals; short-term rentals; regulation (B.9 ADU owner-residency option) state_statute — Accessed 2026-09-20
- U.S. Census Bureau — Vintage 2024 Population Estimates, sub-est2024.csv (Surprise city, AZ: 167,564) Government Data — Accessed 2026-09-06
Frequently Asked Questions
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