Buying a home with a setback violation?

Question

Hey all,

I am currently in the hunt for my first deal in Miami and plan to house hack. I found what a home where the numbers would work for me, however there is a setback violation. Pretty much the previous owners added a laundry room (with permits) that is 2 feet from the fence when it has to be at least 5 feet away. The house has had this violation for 20 years and the current owner has never received a fine or citation.  Was wondering if anyone had any experience buying a house with this violation/ if it is even possible to do with conventional financing?

Thanks!

Darius Ogloza · Answer

BTW: do NOT take the seller's word that the work was "done with permits."  Go to the source (city or couny whatever in your jurisdiction).

Mei Acosta · Answer

@Braulio Espinosa

Interesting case! I’m curious too - how did you come to know about this set back violation?

Jonathan R McLaughlin · Answer

@Braulio Espinosa so I’m someone who  usually weighs in on the “you can’t be too careful” side, but in this situation I’d be really surprised if it was any kind of issue

Darius Ogloza · Answer

Was a final inspection conducted?  Sometimes a contractor/owner opens a permit but fails to complete the process.  Here, if the records show that the permit was issued and the process completed through a final inspection, it will be hard (impossible) for the city to complain absent some outright fraud.  Given that 20 years have passed, who is going to prove anything?  You should be safe.  Verify that the final inspection was completed.

Jack V. Ospina · Answer

@Braulio Espinosa if the owner never received a citation or fine how do you know of this violation? Most likely the city is unaware of this such as many properties all over the county that continue to sell. If there is a violation recorded then this will be an issue with the lender and financing might not be approved. To protect yourself you should have a clause in your purchase agreement regarding liens, violations.

David M. · Answer

@Braulio Espinosa

It might also be a matter of timing.  When was the extension done and when were the zoning laws updated?

For example, there are many areas where whole neighborhoods aren’t in compliance with zoning laws.  But, that’s because the towns changed the code relatively recently (to try to prevent “dense” construction).  So, when owners want to make a major change, they have to ask for a variance.  So they are fine as is..

Maybe that’s what happened in your case, especially if it was permitted.  Of, the town screwed up when they issued the permit...

Good luck!

Braulio Espinosa · Answer

thanks for the advice. I definitely will call the city and see.

Kenneth Garrett · Answer

@Braulio Espinosa

There are many properties that are legal non-conforming (setback requirements changed after home was built).  This happens all over the country.  If I was going to buy the property I would confirm this is not an issue.  Contact the city and ask for confirmation in writing.

Luis Sánchez-Abarca Gornals · Answer

@Braulio Espinosa my humble opinion: stay away from unnecessary issues. If by any chance a city inspector drives by and realize about the violation, it could become a problem.

Tanner Johnson · Answer

@Braulio Espinosa  As far as the law and code goes they shouldn’t have any grounds to fine you or anything if it passed final inspection, and there are tons of houses in any given city that violate setback requirements. I’m not sure about the financing but I don’t imagine it would be an issue.

Buying a home with a setback violation?

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