Let’s face it, when people are looking for real estate (whether it’s a house, vacant land, or commercial property), what most people are looking for is a dream, a lifestyle, or a stepping stone that brings them closer to realizing it. a vision or goal. .
It doesn’t matter if a structure is present or not, chances are a new owner will build, remodel, upgrade, or in some way personalize your new purchase.
But how many people are familiar with all the rules and regulations that govern the property of their choice?
Each property and each 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 location of the desired property.
Generally speaking, most properties fall under the jurisdiction of counties or cities and are governed by zoning regulations or general plans (which are blueprints for the growth and development of cities). These regulations dictate what uses are permitted, 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 historic guidelines that have been established to convey or preserve the character and special value of an entire city or neighborhood. specific.
Fire departments have a strong influence on how a lot can be developed; 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 restrictions 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 public services, or to give access to landlocked lots. However, they can also address environmental preservation to safeguard sensitive wildlife habitats or corridors. Specific rules are attached to these easements, and typically no permanent structures can be placed (or even trespassed on) within their boundaries.
HOAs (home owner 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 a property’s title 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, one must consider the possibility that structural and seismic modifications will be required.
In older commercial structures, consideration must also be given to accessibility and any removal of barriers easily reachable for those with physical disabilities.
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. Most jurisdictions will, in fact, penalize and fine the current owner of the property even if he/she was not responsible for said violation and was unaware of its existence at the time of purchase. They don’t usually come looking for fault out of the blue, but it’s quite common for issues like that to crop up around the time 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 adopted by your local jurisdiction (building codes, electrical, mechanical, plumbing, 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 reveal themselves as obstacles.
It’s crucial to make sure that the property you buy 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 may 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 check.
It is of the utmost importance to complete all the 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 these types of property investigations and regulation on a daily basis and will be happy to help you match your goals and needs with the property of your choice. It is best to find a local professional who is familiar with the regulations in your area and can then proceed to investigate the details of a property.
