Q: What Are Some of the Legal Considerations Relative to Remodeling?
A: There are many, including those surrounding zoning, permits, variances, and building codes. All of these regulations are the government’s way of controlling the physical development of land and public-safety standards for such things as building design, construction, alteration, repair or demolition. The regulations vary from one state, county, city, and town to the next and can result in fines or serious consequences. There are also often engineering approvals and requirements related to grading, site drainage, utility connections, wells and septics, and sometimes fire regulations. Another area of legal considerations involves contractual issues tied to responsibilities for permits and approvals, code and regulations compliance, insurance, financing, and warranties. If construction financing is to be provided by a lender, there will often be requirements relative to progress inspections, construction draws, lien waivers, title insurance, holdbacks, etc. It may be worthwhile to hire an attorney to provide guidance on these issues and to assure the completeness and fairness of the remodeling contract.