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You Can’t Always Get What You Want: Permits, Zoning, and Covenants

Although we only really want to think about the fun parts of a remodel, understanding legal considerations is just as important.  That’s because permits, zoning, and covenants affect what you are allowed to do with your home remodel and might complicate your vision for your finished home.  Knowing these restrictions ahead of time enables you to adjust your plan accordingly. So, I can’t stress this enough…now is the least expensive time to change your plan.

Permits

Many homeowners think bypassing permits makes good sense because they won’t have to pay for them.  However, what they don’t realize is that an addition to your home that doesn’t come with the requisite permits, inspections, and documentation doesn’t officially exist. While this may seem like no big deal–you got the extra space you wanted–it becomes a huge problem when you sell your home. You’ll be required to either pull permits and have the area inspected, hoping it passes inspection, or worse forced to tear the non-permitted area down/out. Either way, you’ll end up paying for it.  So, you might as well do it right the first time and pull permits from the get go.

Sometimes, there are ways you can minimize the need for permits. For example: some building codes require a permit for a fence over 6 feet high. If securing the appropriate permit is cost prohibitive, time consuming, or otherwise a pain, are you willing to live with a shorter fence?

Permits are really not something you should apply for. They should always be handled by your contractor, who should have plenty of experience doing this already.  If a contractor asks you to pull your own permits, find a new contractor. A reputable contractor is more qualified than most homeowners to navigate the permit process and respond to building department questions.

Zoning

Zoning restrictions are imposed at a municipal level by your local government. They cover all areas of your city and affect the way it is laid out. Zoning is what keeps people living in neighborhoods or planned residential/commercial areas, and businesses in commercial districts.

Can all of this be inconvenient for your commute? Sure. But would you want to live right next to a large manufacturing plant? Probably not.

Covenants

Covenants, conditions and restrictions are the most micro-level of regulations you need to consider. These individual neighborhood restrictions are enacted by builders and ultimately adapted by Home Owners Associations (HOAs).  While they are not imposed by a government entity, they are legally binding.

Covenants, conditions and restrictions commonly restrict the style, size, or type of building you can build.  They ensure conformity to a certain standard which makes neighborhoods look uniform. I’m sure you’ve driven through “cookie cutter” neighborhoods in which the homes look very similar.  Covenants are overseen by a neighborhood committee made up of residents who hear petitions for projects that require approval. In addition to the restrictions mentioned above, other common covenant restrictions include building materials, vegetation preservation, fencing restrictions, and even the type of mailbox you install. All of this in the name of not degrading the value of homes in the neighborhood.  Heaven forbid someone paints their home lime green in a sea of homes painted in neutral color palettes.

You can see why knowing what permits are needed, how zoning may affect your remodel, and what covenants could restrict your design would all be important information to have upfront.

Don’t skip this step! Save yourself the stress and expense of having to re-do work or change your plan.

So, where do you find all of these regulations?  You’ll find them from various sources such as your local municipality or the purchase contract or deed for your home. Read through them carefully to understand what’s possible.