Insight

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Housing and ADUs

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Oregon

Selling Middle Housing Units Separately in Oregon: The Middle Housing Land Division

Oregon lets owners divide a lot so each middle housing unit sits on its own lot. Cities must approve it on an expedited track if the application meets the state's list, and nothing more.

A duplex, triplex or cottage cluster in Oregon can be built on one lot and then divided so each unit sits on its own lot and can be sold separately. ORS 92.031 calls this a middle housing land division, and it limits what a city or county can ask for.

What the application must include

  • A middle housing proposal that complies with the Oregon Residential Specialty Code and applicable land use rules.

  • Separate utilities for each dwelling unit.

  • Easements for utilities, pedestrian access, common areas and any shared driveways or parking.

  • Exactly one dwelling unit on each resulting lot, except lots or tracts held in common.

  • Evidence that the buildings will meet building code provisions for new property lines.

What the city can and cannot do

  • It must approve a tentative plan that includes those items.

  • It applies the expedited land division procedures in ORS 197.360 to 197.380.

  • It may require street frontage improvements and right of way dedication where the original parcel did not provide them.

  • It may not add approval criteria beyond the statute, such as its own driveway or parking standards.

  • It may prohibit further division of the new lots and require a plat notation.

  • It may let the building permit be filed together with the land division.

Timing

Tentative approval is void only if a final plat is not approved within three years. That gives owners room to build first and divide later, or to file the building permit and the division together.

Where projects get stuck

  • Utilities that were designed shared, which have to be separated for the division.

  • Fire separation at the new interior property lines, which has to be in the building design from the start.

  • Easements that were never drawn for access and maintenance.

Frequently Asked Questions

Can I sell each unit of a duplex separately in Oregon?

Yes, through a middle housing land division under ORS 92.031, which puts exactly one dwelling unit on each resulting lot.

Can the city deny it for parking or driveway standards?

The statute bars cities from adding approval criteria beyond its list, and names driveways and parking as examples.

How long is tentative approval good for?

It is void only if a final plat is not approved within three years.

Sources

Insights are general information researched from published sources on the date shown. Rules change, so confirm with the permitting authority before you act.

Facing a similar project?

Where SASHKOV’s projects take shape across
Oregon & Washington

Where SASHKOV’s projects take
shape across Oregon & Washington

OREGON

Portland Metro

Multnomah County:

Beaverton

Hillsboro

Banks

Unincorporated Washington County

Milwaukie

Oak Grove

Estacada

Rhododendron Unincorporated Clackamas County

Willamette Valley

Lane County:

Eugene

Oregon Coast

Tillamook County:

Tillamook

Bay City

Central Oregon

Deschutes County:

Bend

OREGON

WASHINGTON

Puget Sound

Lake Stevens

Edmonds

Unincorporated Snohomish County

Southwest Washington

Brush Prairie

Yacolt

Unincorporated Clark County

WASHINGTON

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© 2026 SASHKOV GROUP LLC dba SASHKOV.

All Rights Reserved.

UEI TENDYXDNE578 · CAGE 26WF7

NAICS 541611 · 541340 · 541618 · 541990

UEI TENDYXDNE578 · CAGE 26WF7

NAICS 541611 · 541340 · 541618 · 541990

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