Starting a new construction project is often exciting. The possibilities and options can seem endless when designing your dream home or property. However, it’s important to stay grounded and focused on more than just the design.
Real estate law and new construction rules can turn out to be a huge hassle if you’re not aware of them before you begin your project. Make sure you learn about these common real estate laws and legal issues so you can avoid property disputes and complete your project without interruption.
Land Use and Real Esate Law
Zoning laws determine how specific plots of land can be used and what kinds of buildings can be built on them. You must obtain zoning information about the property you wish to build on before you start.
If you don’t get permission from the zoning office or city hall to build your project, you can subject yourself to unwanted fines.
Unfortunately, just because you own a piece of land doesn’t mean you can do whatever you want with it. Even if an existing structure was built on your land before you owned it, it may not be there legally. The previous owners may have ignored real estate laws, or the laws may have changed over the years.
It’s a good idea to obtain your property records and make sure your parcel is on an approved building site before you build, no matter what is already there. These documents are usually kept at your county’s courthouse, city hall, your county’s record office, or another county or city department office.
Real Estate Law and Permits
You need to obtain permits if you’re planning on doing a new construction project of any kind. To stay within the confines of the set real estate laws, you’ll need to submit your drawings, floor plans, measurements, and materials to your local code office and await approval before any kind of construction begins.
The type of permit you will need will depend on the type of project you plan to do. Are you replacing old pipes? You’ll need a plumbing permit. Are you redoing your roof? You’ll need a roof covering permit. If you have any confusion about the types of permits you will need to obtain, speak to an experienced contractor who will be able to pull all of the required permits for you.
Real estate laws trickle down into even the smallest of rules and regulations. Local ordinances and covenants can often put a wrench in your plan if you’re not aware of the rules. Although your zone may have approved you for your new construction project, local ordinances can restrict the size and shape of your structure.
To ensure your structure is in line with local laws, obtain written approval from the commission or commissioner in your area to ensure you can begin your project.
If you are building something on land that is a part of a Homeowner’s Association (HOA), it is also important that you check that new construction falls in line with the neighborhood covenants.
To get a copy of this information, check your local county assessor’s office or inquire with your HOA personally.
Building Code Real Estate Law
Building codes are real estate laws that are standardized in the United States. Building codes are regulated under the International Building Code (IBC) and deal with the legality of the physical structure on the land to ensure it follows fire safety standards, plumbing codes, electric codes, and more.
These codes can often be easily found online by searching online or checking in with your local building codes department.
Get Assistance With Your Real Estate Law Concerns
If you need help from a real estate lawyer, consider talking to one of the professionals at Anderson Hunter Law Firm. Our specialized attorneys can help you ensure your new construction project runs smoothly from start to finish.