When it comes to home building and property development, navigating the legal and regulatory landscape is essential. Key terms like permits, variances, and easements often arise, and understanding their meanings can save you time, money, and potential legal headaches. Here’s a breakdown of what these terms mean and how they impact your project.

What Are Permits?

A permit is an official approval from a local government authority that allows you to carry out specific construction or development activities. Permits ensure that your project complies with local building codes, zoning laws, and safety standards. Common types of permits include:

  • Building Permits: Required for new construction, additions, or significant renovations. These ensure structural integrity and compliance with building codes.
  • Electrical Permits: Necessary for electrical work such as wiring, panel upgrades, or installing solar panels.
  • Plumbing Permits: Required for installing or altering plumbing systems.
  • Demolition Permits: Needed to demolish existing structures.

Obtaining the correct permits before starting work is crucial. Working without them can result in fines, project delays, or even having to dismantle completed work.

Timelines for Permits

Permits for your property development can often take months for the county to review and grant. It’s important to be aware of this possibly extended timeline and factor that into the way you schedule your contractors and supply deliveries and the timeline of when to disperse your funds. Property development can be very stressful with many factors out of your control; permits being just one of them. This is where we come in. Parsons Properties will be your consultant through this process and manage each step, saving you from the headaches and hair pulling of the day to day. 

What Are Variances?

A variance is an exception granted by a local zoning authority that allows you to deviate from zoning regulations. For example, zoning laws might specify setbacks (the distance a structure must be from property lines), building heights, or land use restrictions. If your property development project doesn’t meet these requirements, you may be able to apply for a variance. Some counties are stricter than others when it comes to variances; the county you choose for your property development can affect the likelihood of a variance getting approved. 

Example: Let’s say you want to build a home closer to the property line than local zoning allows. A variance, if approved, would permit this deviation.

The variance application process typically involves submitting a request, providing justification (such as unique property conditions), and attending a public hearing where neighbors can express support or concerns. Approval is not guaranteed, so it’s essential to present a strong case. If you have information from experts like engineers or land surveyors, it may strengthen your case. We can get you in touch with some experts in these areas.

What Are Easements?

An easement is a legal right for someone (who is not an owner of your property) to use a portion of your property for a specific purpose, even though you retain ownership. Easements can be created through agreements, necessity, or long-standing use. Common types of easements include:

  • Utility Easements: Allow utility companies to access your property to install or maintain power lines, water pipes, or sewers.
  • Access Easements: Grant neighbors or other parties the right to cross your property to reach their own land.
  • Conservation Easements: Restrict development on a property to protect natural resources or historical features.

Easements can impact how you use your property, so it’s important to identify any existing easements before purchasing land or starting a project. Easements are usually recorded in the property’s title documents.

Easements can affect where you place buildings, driveways or other features of your property development project. It is vital that you have an expert review your property documents before any planning starts. 

How These Concepts Work Together

When planning a home building or property development project, understanding how permits, variances, and easements interact is critical:

  1. Start with Research: Investigate local zoning laws, building codes, and existing easements. This helps you design a project that aligns with regulations and avoids conflicts.
  2. Secure Necessary Permits: Apply for all required permits before breaking ground. This ensures your project complies with safety and legal standards.
  3. Address Variances Early: If your project doesn’t conform to zoning laws, apply for a variance as soon as possible. Delays in this process can stall your property development project.
  4. Consider Easements: Understand any easements on your property and their implications. If you’re creating new easements, work with legal professionals to draft clear agreements.

Researching Before Property Development

Investigating zoning laws and building codes involves a series of steps to ensure your project complies with local regulations. Navigating this process effectively takes time, experience and attention to detail. These are all part of the value that working with us will bring to your property development project. 

1. Identify the Jurisdiction

Zoning laws and building codes are typically governed by local authorities, such as city or county governments. Start by determining which jurisdiction your property falls under. This will guide you to the correct department or agency. 

2. Email the Local Planning or Building Department

Your local planning or building department is the best source for accurate and up-to-date information. Most cities and counties have offices that manage zoning and building regulations. Visit their website to find relevant contact information and email them your questions. Having these conversations documented can be very lucrative as time passes as you can review them again or refer back to them in case of a discrepancy. 

3. Research Zoning Regulations

Zoning laws dictate how land can be used, such as residential, commercial, mixed use or industrial purposes. To investigate zoning laws:

  • Obtain a Zoning Map: Many jurisdictions provide online access to zoning maps where you can identify your property’s zoning classification.
  • Review the Zoning Ordinance: Look for details about permitted uses, density restrictions, building setbacks, height limits, and other rules.
  • Contact a Planner: If you have questions about how regulations apply to your project, contact a city or county planner for clarification by email. 

4. Study Building Codes That Could Affect Your Property Development

Building codes regulate construction standards to ensure safety and functionality. These codes typically cover structural integrity, fire safety, plumbing, electrical systems, and more. Some building codes differ based on the county or city planners. To investigate building codes:

  • Check State and Local Codes: Many states adopt versions of the International Building Code (IBC) but may have local amendments and overlays. Your local building department can provide access to the specific codes that apply to your property development project in your area.
  • Review Relevant Sections: Focus on the codes that pertain to your project, such as residential construction or accessory dwelling units (ADUs).
  • Ask for Guidance: Building inspectors or code enforcement officers can provide insights on how to meet specific requirements. If you contact them, do it by email to have their responses in writing. 

5. Explore Online Resources

Many municipalities provide zoning ordinances and building codes online. Search for your city or county’s planning and building department website for:

  • Zoning maps
  • Permitted use tables
  • Application forms for permits and variances
  • Building code summaries

It is important to have a knowledgeable and experienced professional review this information to ensure your property development project is legal, and safe. At Parson’s Properties, we will find this information and review it for you as your consultant so you can be assured of the soundness of your plans. 

6. Attend Public Meetings

Zoning regulations and upcoming changes are often discussed in city council or planning commission meetings. Attending these meetings can give you insight into upcoming changes or interpretations of existing laws. If you retain us as your consultant, we will make sure you are informed of these opportunities.

7. Work with Professionals

Hiring professionals who specialize in zoning and building codes can save time and prevent costly mistakes:

  • Real Estate Consultants: We can help you understand zoning restrictions and variances.
  • Architects or Builders: Experienced professionals are often well-versed in local building codes.
  • Land Use Attorneys: For complex projects, an attorney can help navigate legal challenges.

8. Use Property Reports

Some online platforms and title companies offer property reports that summarize zoning classifications, building restrictions, and easements for a specific parcel. We have relationships with local title companies who can furnish these documents and walk us through the fine print.

9. Submit Pre-Application Inquiries

Many jurisdictions allow property owners to submit pre-application inquiries to clarify how zoning and building codes apply to their property development project. This is especially helpful for unique or complex developments like multi-generational builds

Parson’s Properties and Property Development 

Permits, variances, and easements may seem complex, but they’re essential for ensuring your project runs smoothly and complies with the law. At Parsons Properties, we thoroughly understand these concepts and will focus on bringing your vision to life. You can feel comfortable knowing that we will work to avoid common pitfalls and manage your property development project with the utmost professionalism. 

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