Let’s face it, when people search for real estate (be it a house, vacant lot, or commercial property), what most people are buying is a dream, a lifestyle, or a stepping stone that brings them closer to realization. of a vision or goal. .
It doesn’t matter if a structure is present or not, a new owner will most likely build, remodel, upgrade or personalize their new purchase in some way.
But how many people are familiar with all the rules and regulations governing the property they choose?
Every property and every location in the US is unique and specific to the jurisdiction in which it is located. Since most of my experience has been in Santa Barbara, California, please note that some of this information may vary depending on the desired property location.
Generally speaking, most properties are under the jurisdiction of counties or cities and rule over them through zoning regulations or general plans (which are models for the growth and development of cities). These regulations dictate what uses are allowed, but also regulate front, side, and rear 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 historical guidelines that were established to convey or preserve special character and value for the entire city or a specific neighborhood.
Fire departments have a great influence on how a lot can be developed; in fact, any development must meet your specific standards, and in some cases, these standards can undermine the viability of a project if there are physical limitations on the site that prevent a specific condition from meeting your standard. .
Easements are very common. Specific to individual lots, they are usually present to allow the construction of public roads and highways, the installation and maintenance of public services or to give access to landlocked lots. However, they can also address environmental preservation to safeguard sensitive wildlife habitat or corridors. Specific rules are attached to these easements and generally no permanent structure can be placed (or even invaded) 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 it comes to older structures, especially in a state like California, one should be aware of the possibility that a structural and seismic overhaul may be required.
In older commercial structures, accessibility and any barrier removal easily achievable for people with physical disabilities must also be considered.
And what about the current situation of a chosen property with the agencies that govern it? Are all structures allowed? Are there 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 normally come looking for faults out of nowhere, 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 bought a property and are ready to build, remodel, or add to an existing structure. In addition to complying with everything that has just been discussed, your structure must comply with all the codes that were 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 tailored 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 suitable for the intended use, could reveal themselves as obstacles.
It is crucial to ensure that the property you buy can allow you to achieve your goal without incurring costly and lengthy approval processes, such as applying for zoning variations, conditional permits, or re-zoning 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 the utmost importance to complete all the necessary research before closing a purchase agreement.
This could save you a lot of headaches and surprises down the road and will definitely allow you to make an informed decision on your purchase.
Of course, this can seem like a daunting and arduous task, 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 tailor your goals and needs to the property of your choice. It’s best to find a local professional who is familiar with the regulations in your area and can then proceed to research the details of a property.