{"id":3173,"date":"2023-08-09T07:32:03","date_gmt":"2023-08-09T11:32:03","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=3173"},"modified":"2024-04-25T23:17:35","modified_gmt":"2024-04-26T03:17:35","slug":"building-an-addition-shed-or-cottage-know-your-homes-setback-requirements","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/building-an-addition-shed-or-cottage-know-your-homes-setback-requirements\/","title":{"rendered":"Building an Addition, Shed, or Cottage? Know Your Home’s Setback Requirements"},"content":{"rendered":"\n
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If you\u2019re buying a home, your real estate agent<\/a> can help you locate the setback requirements. These requirements control the distance any structure on the property must be from the road, or from a natural feature, or from the boundaries between owners\u2019 properties. Setbacks can also restrict the height of structures on a given property.<\/p>\n\n\n\n

One thing a buyer would like to avoid is a home with setback violations. And who wants to buy a home with setback restrictions that would rule out the buyer\u2019s own future plans to build, say, a cottage or toolshed?<\/p>\n\n\n\n

If a structure on the property does turn out to violate a setback restriction, you might ask, then what? Will the restriction be enforced?<\/p>\n\n\n\n\n\n\n\n

Policing the Boundaries: Who\u2019s in Charge?<\/h2>\n\n\n\n
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Setbacks are generally created through local building codes and ordinances, and enforced by the local town government.<\/p>\n\n\n\n

Or there might be a homeowners\u2019 association (HOA) governing the home\u2019s setback restrictions.<\/p>\n\n\n\n

If so, the prospective buyer should take a look at the private covenants and restrictions<\/a> and take note of how they\u2019re enforced.<\/p>\n\n\n\n

The buyer should also review the property title to learn of any private restrictions (\u201cagreements\u201d or \u201ccovenants\u201d) that limit construction, impose stricter setback rules than town ordinances do, limit the number, sizes and types of allowable improvements, and other rules pertaining to boundaries and fences.<\/p>\n\n\n\n

What the buyer should never do is ignore the setback restriction. The consequences can be expensive.  Homeowners who flout restrictions could be told to take down the structure. That can come as a major blow, after all the work and money the homeowner put into the improvement.<\/p>\n\n\n\n

Will They Really Make Me Take Down a Structure?<\/h2>\n\n\n\n

If something is built over the setback line, you might be directed to move or modify that part of the home or addition.  <\/p>\n\n\n\n

Go to the local building department, and you could learn that your property\u2019s feature is grandfathered in. Still, watch out. You might be OK moving in with the feature as it is, but if you remodel later, the city or HOA might request compliance at that time.<\/p>\n\n\n\n

What\u2019s the Best Way to Challenge a Setback?<\/h2>\n\n\n\n

The town zoning board may, upon the homeowner\u2019s request, issue a variance. A variance allows the work to go ahead. A local zoning board could decide to work with a homeowner on what appears to be a harmless improvement.<\/p>\n\n\n\n

Maybe you have an oddly shaped lot, for example. There could be a range of reasons the setback shouldn\u2019t hold you back from doing what you want with the property.<\/p>\n\n\n\n

A homeowner might need to go through a public hearing to get a variance. Hearings are set up to let interested neighbors have their say.<\/p>\n\n\n\n

Simple Request? It Might Just Get Approved<\/h2>\n\n\n\n

It\u2019s common for towns to approve requests to install things like balconies, decks, fences, and patios. These might need to spill over the restricted areas somewhat, but don\u2019t cause problems for the neighborhood. They might even enhance local property values.<\/p>\n\n\n\n

What if an HOA is involved? Find out if the association\u2019s records include a history of allowances for unit owners\u2019 restrictions to be waived or violated without issue. Do past examples of the variance you want already exists in the records? Your local building or zoning department should be able to produce these.<\/p>\n\n\n\n

In any case, the homeowner should go to the local permit office with the plans and prepare to get approval for the work. Otherwise, there is the chance that the project will have to be redone or undone.<\/p>\n\n\n\n

If the request does not succeed, the homeowner needs to change plans. Perhaps the home can be expanded by building up, or by finishing a basement.<\/p>\n\n\n\n

Safety Factors: The Positive Side of Setbacks<\/h2>\n\n\n\n

Setbacks, at their best, let people live close together but not under each other\u2019s noses. They can help people live safely and comfortably, by:<\/p>\n\n\n\n