Legal Non-Conforming?

 If you buy a newly built country home the chances are that is is "legal" meaning that it was built with permits and "conforming" meaning that it conforms to building codes in place at this time.

However, if you are buying an older country home there are two possibilities. Your home could be:

  • Non Legal-Non Conforming. "Non Legal" means that the house was built without permits and "Non-Conforming" means the house does not conform to current building codes. This is bad. As the current owner, you are responsible for the lack of building permits even if you were not the owner at the time the house was built. You could face significant fines and the improvements, possibly the entire house, could be ordered removed.
  • Legal-Non Conforming. This is much better. "Legal" means that the house was built with permits or more likely that the house was built before building permits were required. In Sonoma County this would be, in general, before 1962. "Non-conforming" means that the house does not meet current building codes. This is not so bad. Building codes are evolving and, in general, becoming much more strict. So what's the problem? Well, if your home is legal-non conforming, if all or a portion is destroyed, the County may not allow you to rebuild and, if you want to renovate, the County may require that you bring it up to Code before they issue a building permit. Just be aware. You can use and enjoy a legal-non-conforming home but you may be limited as to rebuilding or renovating.

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