The message from all of us is pretty uniform. So, leelane911, are they listening, or are they forging ahead with their eyes shut and fingers crossed?

Again, let me point out that Real Estate laws are different from Building Codes as are different from Zoning laws.

Zoning is the way the ground under the structure is legally laid out. Example, a lot or parcel that is zoned Commercial, just about anything can be built on that parcel. A parcel that is zoned R-7 means it is only Residential and up to 7 Homes can be built per acre.

Building Code is the law for the area on how a structure must be legally built. This is also has a heavy bearing on insurance. As Scarlett and I have both pointed out, if it isn't up to code, an insurer will not insure the structure, you cannot get a mortgage on an uninsured structure, and it is illegal it occupy the structure.

A Real Estate Law is an entity of itself.

In my community building codes and zoning go hand in hand. For instance, when building a new structure or addition, zoning includes sides and rear/front setbacks (as well as height restrictions) - a certain number of feet must exist between the structure and the adjacent properties or else permits will not be granted. Also, it is against "code" and "zoning" laws to run rain gutters into town sewers - hence the mega bucks we spent to install a comprehensive drainage system.

Here, where I live, you would NOT be able to get a mortgage if the structure did not meet code or meet zoning requirements - however, a request for a variance can be submitted. The approval process can be grueling - we even needed to obtain the original survey of our house. That was not easy to do.

Maybe I am wrong, but if leelane's friend were to proceed, and the seller incurs all costs and filings to bring the structure up to code, wouldn't you need a real estate attorney to handle the contract/escrow, etc.?

The area where zoning and building codes starts to overlap is where the requirements depend on the zone -- number of stories, how close one can build to the property line, etc. For instance an addition might be up-to-code in terms of the wiring, structural stuff, and such, but if it's not been permitted, it might be too close to the property line ( as dictated by the zoning regs) and if the neighbors don't agree to a waiver, then nothing will legalize it. This is the sort of disaster that even the sharpest building inspector can't be expected to catch.

Here, zoning refers to what type of structure can be built.

Building Code covers set back laws. Most of the setback laws are in place for fire regulations (five feet from property line which is ten feet between houses has something to do with how fast a fire can spread).

We are so complicated here because of strict building code due to hurricanes and floods, are building code is pretty strict.

I'm sure most places are different.

It can be a mind-numbing experience/process, GoT. It's best to seek advice in the area in question, without a doubt.

You are exactly right seetheworld. Leelane's friend should consult the local government in her area.

Come to think of it, wonder why the question was posted on this board?

maybe because no one is posting on her solo board
sorry, couldn't help it!

But really, from state to state , these things change, a Travel forum would probably be the least informative, just asking a realtor from whereever this person is househunting should help.

This isn't the place to get an answer, you're all right. I've bought homes in three states and the state laws themselves differ tremendously, as do the county, as do the official village etc. You need an attorney from that state and county who also can coordinate an investigation/survey and summary on the prospective property with all the variables mentioned taken in consideration. In a very small community or unincorporated area you may still have further restriction or dual restrictions, especially if it is on a lake or way out in the country, or accessed by rural/or privately owned roads. I had to get further and IMHO expensive, further investigation and documentation just for the paved road, because it's origin was not public or county's.

I'm surprised how many people do pick up and buy state to state as much as they do, because it really is not simple. Zoning laws, in the Northern Urban areas especially and in heavily "stylized" communitities, can also be super strict.