Yes, and the deadline has passed. Wheat Ridge gave owners of accessory dwelling units built before August 15, 2022 until August 15, 2026 to apply for legal status. Units that were not approved or permitted are now subject to enforcement under the city’s ADU ordinance.
Plenty of older Wheat Ridge homes have a second living space that was never permitted: a basement apartment with its own kitchen, a converted garage, a small cottage behind the main house. For decades there was no legal way to have one. Wheat Ridge did not allow accessory dwelling units, or ADUs, until 2022.
When the city legalized ADUs, it also opened a window for existing units. Owners could apply to have a unit recognized without meeting the rules for new construction. City Council later extended that window once. It closed on August 15, 2026.
Jason Sirois, a Denver Realtor with FORM at Compass, works from our office at 1900 W 32nd Ave in northwest Denver and helps owners on both sides of Sheridan Boulevard. Here is what the rules say, what changed when the deadline passed, and what owners, sellers and buyers of a Wheat Ridge home with an unpermitted unit should do now.
What was Wheat Ridge’s existing ADU program?
Wheat Ridge City Council approved its ADU ordinance on July 11, 2022, by a 7 to 1 vote, and it took effect August 15, 2022. That date matters: it is the line between “existing” units and new ones.
According to the city’s ADU page, the existing ADU program covered structures, or parts of structures, that meet the city’s definition of an ADU and existed before August 15, 2022, when ADUs were not allowed. That includes units the city calls legally nonconforming and units that were simply built without approval.
The program offered real relief:
- No zoning test. Existing units did not have to meet setback, height or size requirements.
- A life safety review instead. Most existing units needed a life safety inspection by the city’s Building Division. Building code items such as electrical upgrades and fire separation could still apply.
- Three possible outcomes. The city says some units could be approved as they are, especially if the city had already recognized them as dwelling units. Others might need changes, and some might not be legalized as independent dwelling units at all.
The original window was two years. In 2025, the city extended it.
When was the deadline, and did it pass?
It passed. Ordinance No. 1822, Series of 2025 amended the city’s ADU section of the code. Council passed it on second reading 7 to 0 on May 12, 2025, and it took effect May 28, 2025. It lets owners apply for approval of an existing ADU “until August 15, 2026.”
The same section says that after that date, ADUs that have not been approved or permitted “shall be subject to enforcement as provided by law.” The ordinance does not list specific fines or a procedure. The city’s ADU page says only that after the deadline there “may be reduced flexibility and/or penalties.”
We have not found a newer extension. As of October 9, 2026, the city’s ADU page still shows August 15, 2026 as the deadline, and we found no council action reopening it. If you are reading this later, check the city’s page first.
What if a unit missed the deadline?
The city has not published a separate process for existing units after August 15, 2026. The zoning relief in the existing ADU program was tied to applications filed by that date, so an owner who did not apply should not assume that relief is still available.
The other path the city describes is a building permit for a new ADU, which has to meet current standards. Before deciding anything, talk to the Planning Division at City Hall, 7500 W 29th Ave, with the address and a description of the unit. Ask directly whether a late application is possible, what an inspection would look like, and whether the unit could meet the new ADU rules.
If you did apply before August 15, 2026, your application should move forward under the program’s terms. Keep the city’s confirmation with your property records.
What are the rules for a new ADU in Wheat Ridge?
A unit that has to go through the new ADU process is held to these standards, per the city’s ADU page and Ordinance 1822:
| Rule | Existing ADU program (applications by Aug 15, 2026) | New ADU building permit |
|---|---|---|
| Size | Size limits did not have to be met | Up to 1,000 sq ft or 50% of the main home’s gross floor area, whichever is smaller; 500 to 750 sq ft always allowed if smaller than the main home |
| Basement or second-floor units | Size limits did not have to be met | May exceed the size limit if no larger than the first floor of the same structure |
| Setbacks and height | Did not have to be met | Must meet setbacks and bulk plane; detached ADUs up to 25 ft tall |
| Building code | Life safety inspection; electrical and fire separation items may apply | Full building permit; fire separation for attached units |
| Parking | Not addressed on the city’s page | No additional parking required |
| Where allowed | Existing units meeting the ADU definition | With a single-unit home; not on duplex or multi-unit properties |
Other points from the city’s page: an ADU cannot be sold separately from the main home, a whole-home short-term rental is not allowed in an ADU, and a partial-home short-term rental needs a license and an owner living on site. New ADUs need fire access within 150 feet or may need sprinklers, and the permit application must show the design went to the property’s water and sanitation districts, which may charge their own fees. Approved ADUs also carry a recorded deed restriction, so read its current terms before you rely on any assumption about occupancy.
The rules are still moving. In February 2026, Wheat Ridge’s Planning Commission voted 5 to 0 to recommend a 5-foot setback for attached ADUs in certain low-density zones, matching detached units. Check whether council has adopted it before you design around it.
What should sellers and buyers do now?
For sellers, the important thing is to describe the home accurately. A basement with a kitchen and a separate entrance is a feature. Calling it a legal rental unit or an approved ADU when it is not creates risk for you and confusion for the buyer. Pull the permit and approval history before you list, and talk to your agent and, if needed, a real estate attorney about how to describe it and what to disclose.
For buyers, ask early:
- Was the unit approved through the existing ADU program, or permitted as a new ADU?
- Is there a recorded deed restriction, and what does it say?
- Do the city’s records show the unit, or only the main home?
- If you plan to rent the space, does that plan fit the city’s rules?
An unapproved unit can still be useful space. It just may not be usable the way a listing photo suggests, and changing that could take permits, egress or fire separation work. For more on how the city is changing, see our post on Wheat Ridge’s November 2026 sales tax ballot question, and our Wheat Ridge community page for the wider market.
Frequently Asked Questions
Did Wheat Ridge extend the ADU legalization deadline again?
Not that we can find. As of October 9, 2026, the city’s ADU page and Ordinance 1822 both show August 15, 2026 as the last day to apply for approval of an existing ADU. Check the city’s ADU page for any later change.
What happens to an unpermitted basement apartment in Wheat Ridge now?
Under Ordinance 1822, ADUs not approved or permitted after August 15, 2026 are subject to enforcement as provided by law. The ordinance does not list specific penalties, so contact the Planning Division about a particular unit.
Can I still legalize a basement unit in Wheat Ridge?
Possibly, through the city’s new ADU building permit, which requires meeting current standards. Basement units may exceed the normal size limit if they are no larger than the first floor of the same structure. Ask Planning before starting work.
Did an existing ADU have to meet setback and size rules?
No. Units that existed before August 15, 2022 and applied by the deadline did not have to meet setbacks, height or size limits, though most needed a life safety inspection and some building code work.
Can I sell my ADU separately from my Wheat Ridge house?
No. The city’s rules say an ADU cannot be subdivided or sold separately from the main home.
Can I use a Wheat Ridge ADU as a short-term rental?
Not as a whole-home short-term rental. A partial-home short-term rental is allowed with a license, and the owner must live on site.
This post is general information, not legal advice, based on the City of Wheat Ridge’s published ADU page and Ordinance No. 1822 as of October 9, 2026. Rules and enforcement practices can change. Confirm the status of any specific unit with the City of Wheat Ridge, and consult a real estate attorney about disclosure or legal questions.
