Remodeling to the Letter of the Law

Building Codes and Zoning Regulations
Building codes, which are compiled by various authorities and enforced by municipal authorities, regulate the manner of construction. Zoning regulations, which are also imposed by city authorities, restrict the type, size, height and placement of buildings that may be built on your lot. Zoning rules may also limit access to your property from existing roads and driveways.

Environmental Restrictions
Federal and state environmental regulations set standards for building projects both during and after construction, particularly in matters that relate to stormwater runoff, sanitary sewerage and waste disposal. Owners of nearby properties may be able to enforce deed restrictions relating to access and use of your property. Some properties are also subject to rules designed by local homeowners associations and community associations. If you plan to remodel an old house in a historic district, you may face restrictions on the degree to which you can alter the exterior appearance. Options may be limited for the choice of windows, doors and exterior colors.

Does Your Project Require a Permit?
Some rules are written in stone—aspects of building codes, for example. Other rules may offer some leeway; zoning officials may grant variances and the holder of a deed restriction may be willing to modify it. Community associations are generally pretty tough but may relax some rules if you approach them in a diplomatic way.

What’s really important is learning which codes and restrictions apply to your property and specific project. It’s also crucial to work within the system and obtain the necessary permissions for remodeling, even if it requires seeking reasonable exceptions to the rules.

It’s extremely risky to build what you want and ask questions later. Failure to know and/or follow the rules can lead to delays in construction approvals that are required to obtain construction funding and complete the project. Non-compliance can lead to substantial legal penalties.

Any project that requires a building permit may be subject to all of the rules and regulations mentioned above. You will most likely need to apply for a permit if you plan to:

Enlarge the footprint (foundations)
Alter the roofline
Add new plumbing fixtures or change the location of existing ones
Alter the electrical system
Engage in demolition that requires disposal of construction waste
Change the grading of the lot or perform major excavation
Cut down trees
Add new paved areas or otherwise add to water-impervious areas on the lot
Build in proximity to a wetlands area

Circumstances requiring a building permit are not limited to those listed above. Your architect and your builder should be able to provide you with reliable guidance on the permissions that need to be obtained and the restrictions that may apply to the project. The local building department is another good source for information and advice—especially since codes and other regulations are enforced at the local level.

Getting Help with Legal Issues in Remodeling
Don’t be overwhelmed by the layers and complexity of building regulations and restrictions that may apply to your remodeling project. Familiarize yourself with them and work toward compliance or pursuit of legal relief in your planning. Most issues can be identified and resolved by the designer, builder or your real-estate lawyer as long as they know the law and are committed to compliance. The experience and connections of architects and builders with the local building authorities may prove valuable if you should need to seek exceptions to the prevailing rules by working within the system.

	Planning & Designing
	Financing & Insurance
	Bidding Process & Negotiations
	Permits, Codes & Legal Issues
	Managing Remodeling Construction
	Green Remodeling
	Specing & Ordering Remodeling Products

	Andrea's Angle
	Carrie's Corner
	Chooch On the Job
	Remodeling Glossary

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