Let’s face it, when people look for real estate (whether it’s a house, a vacant lot, or a commercial property), what most people are looking for is a dream, a lifestyle, or a springboard that gets them closer to realizing their dreams. a vision or a goal. .
It doesn’t matter if there is a structure present or not, chances are a new owner will build, remodel, upgrade, or in some way customize their new purchase.
But how many people are familiar with all the rules and regulations that govern the property of their choice?
Each property and location in the US is unique and specific to the jurisdiction in which it is located. As most of my experience has been in Santa Barbara, California, please note that some of this information may vary depending on the location of the desired property.
Generally speaking, most properties are under the jurisdiction of counties or cities and are governed by zoning regulations or master plans (which are blueprints for the growth and development of cities). These regulations dictate what uses are permitted, but also regulate front, side, and back yard setbacks and open space requirements (if applicable).
In addition to zoning regulations and land use requirements, some jurisdictions may also have boards or committees to enforce local aesthetic or historic guidelines that have been established to convey or preserve the character and special value of an entire city or community. specific neighborhood.
Fire departments have a strong influence on how a batch may develop; in fact, any development must meet their specific standards, and in some cases these standards can undermine the viability of a project if there are physical site constraints that prevent a specific condition from meeting their standard. .
Easements are very common. Specific to individual lots, they are usually present to allow for the construction of public roads and paths, the installation and maintenance of utilities, or to give access to landlocked lots. However, they may also address environmental preservation to safeguard sensitive wildlife habitats or corridors. Specific rules are attached to these easements, and typically no permanent structures may be placed (or even encroached upon) within their boundaries.
HOAs (homeowners associations) often impose their own rules and regulations on properties within specific subdivisions or developments.
CC&Rs (Covenants, Conditions and Restrictions) can be placed on the title of a property to ensure that certain conditions are met in perpetuity and can be imposed on an individual property or applied as a condition of approval for subdivisions or large developments.
When dealing with older structures, especially in a state like California, the possibility of structural and seismic modifications must be considered.
In older commercial structures, accessibility and any easily achievable barrier removal for people with physical disabilities should also be considered.
And what about the current standing of a chosen property with the agencies that govern it? Are all structures allowed? Are there any known violations? These are very important questions to ask. In fact, most jurisdictions will penalize and fine the current owner of the property, even if he/she was not responsible for the violation and was unaware of its existence at the time of purchase. They don’t usually come looking for faults out of the blue, but it’s quite common for problems like that to crop up the moment the new owner applies for a new, unrelated permit.
Let’s say you’ve purchased a property and are ready to build, remodel, or add to an existing structure. In addition to complying with everything just discussed, your structure will need to comply with all codes that have been adopted by your local jurisdiction (building, electrical, mechanical, plumbing codes, etc., etc…).
Professionals work and comply with these codes on a daily basis and it really is not a problem. It is part of the process and the designs are adapted to all these requirements. However, it is not always possible to modify certain conditions and restrictions that come with the property. Even physical properties such as slope or terrain, if not appropriate for the intended use, could prove to be obstacles.
It is crucial to ensure that the property you purchase allows you to achieve your goal without incurring costly and lengthy approval processes, such as applying for zoning variances, conditional permits, or rezoning cases.
As you can see, each property can be subject to many regulations and governed by many agencies. This list is extensive but depending on the location of the property of interest there may be more, less or simply different aspects to verify.
It is of utmost importance to complete all required research before closing a purchase agreement.
This could save you a lot of headaches and surprises in the future and will definitely empower you to make an informed decision on your purchase.
Of course, this can feel like a chore and become overwhelming, especially when faced with the rest of the paperwork required in a Real Estate transaction. But there are professionals who deal with this type of property investigation and regulation on a daily basis and will be happy to help you match your goals and needs to the property of your choice. It is best to find a local professional who is familiar with the regulations in your area and who can then proceed to research the details of a property.
