It Pays to Check the Zoning Laws Before You Buy
By Teresa Ambord
If you're buying a house with the intention of making substantial changes or running a business out of your home, do some checking first.
Just about every town has zoning regulations which would fill volumes of fine print. enough to put even a rocket scientist to sleep. But those regulations can stop your big plans cold. Most zoning regulations address such details as how steep can your driveway be or how many stories your house can have. You may think these things are a matter of personal choice, but don't bet the farm on it without checking.
As annoying as it sounds to have a planning board tell you what you can do with your house, there is a sense of reasoning behind the carefully written rules. The idea is to preserve historic homes, maintain the character of the community, and prevent urban sprawl and over-development. Zoning regulations also are designed to attract industry and retail establishments, which every community needs.
Cheating Will Cost You
Don't follow the mistake some people make of trying to get around the zoning laws by hiding a basement apartment or some other structure built without permits. Others do get the permit, then alter the plan slightly, like making the addition just a little bit bigger. If you do this and your little secret is later discovered, you may be required to demolish the addition, and pay a fine every single day until the work is done. ouch! If you break the zoning laws, there is a good chance you'll be found out. There are many ways violations are uncovered, including nosy neighbors who like to cause trouble (and who doesn't have some of those?). Also, routine inspections at the time of sale, or an assessor visit to update tax records can easily reveal the violation.
The news gets worse. Even if the unpermitted addition or alteration was done by a previous owner, you may still be responsible for the demolition and the fine, and. since you paid the previous owner a price that included that improvement, you lose there too.
There is hope!
Rather than being sneaky, try the legal way around zoning laws. You might be able to get a variance or waiver. To start the process, file an application with the local zoning board. After that, you will probably get a hearing. Of course, your neighbors are also notified of the hearing and offered the opportunity to oppose the exception, on grounds that it will change the character of the neighborhood, pose a threat to children, or lower property values.
You should also know that variances are not easy to get. Usually, a zoning board will only grant a variance if not granting it will cause significant personal or financial difficulty.
Protect Yourself Before You Buy
To protect yourself from paying the price of someone else's zoning violations, include in your purchase contract a statement from the sellers that they obtained the necessary permits for building additions and alterations, and that they will bear the responsibility if problems arise based on those home improvements.
If you plan to improve a home you are thinking about purchasing, or if you hope to operate a home business there, it would be wise to ask an attorney to check into permissible uses and zoning restrictions. Of course, that will cost you money, but not as much as starting a project you can't finish, or buying a house for a purpose you can't fulfill.
You can also go to the building department and zoning office in your town and see what permits have been filed on your property and what the permissible uses are. Still, if changes have been made but not filed, you are still bound by them. Look at the date on the map you are examining. If it's more than a year old, ask for the name and phone numbers of members of the city zoning commission. Then contact one of them and ask if there have been changes since the date on the map. Just be aware that if the city official gives you bad information, you are still ultimately responsible.