What happens when you buy a property? Do code violations automatically go away? Is everything automatically grandfathered? Or, does everything have to be brought up to current codes? Is there a statute of limitations?
The answer to each of these questions is no… everything actually stays the same.
This comes up quite often. Someone buys a property, with a building and/or business, and assumes that the building needs all sorts of changes to be compliant to current building and fire codes.
Assuming there have been no major renovations, additions, alterations or changes in use [as defined by the codes], and that the use of the building is appropriate to begin with, the structure can continue to be used as it has been.
The idea of “appropriate to begin with” is a very key statement.
The building and fire codes will acknowledge lawfully existing, non-conforming structures to be maintained and used without updating codes.
However, any change in use, alterations or renovations, major repairs or additions can easily change that “grandfathered” privilege.
The history of the property over the last thirty [30] or more years is very, very important.
Just because something has been that way for years does not make it right. It very well may have been wrong all along.
There is no statute of limitations for code violations. They do not go away after time… they run with the deed and the land.
When a new person buys a property, all the issues on that property, including the buildings and how they are being used, are transferred to the new owner.
This is called buyer beware. There are no hidden agendas, no secrets, no favoritism, just a reality of the situation.
What is the best way to find out what’s going on with a property when you buy it?
It would be nice if you could believe the seller when he says “everything is fine.”
Of course, the seller is pretty interested in selling, especially if the property has been difficult to sell and he wants out from under it.
This is not meant to say the seller would lie about anything, he must have just forgotten to mention code violations. Or, maybe it wasn’t asked?
When thinking about making an investment into a property, residential or commercial, a trip to your local code enforcement office might be a prudent thing to do.
Ask to see the file and talk to the enforcement officer familiar with the property.
This would apply anywhere, not just the Town of Webb.
Although each municipality may have local zoning regulations that only apply to them, the NYS Uniform Fire Prevention and Building Code is the same throughout New York State… and now that New York adopted the International Building Code [as of 2002], this is the standard everywhere in the United States.
This idea is especially true when dealing with major investments and commercial properties.
So here we have it, an unsuspecting and willing buyer makes a huge financial commitment, starts cleaning the property up, fixing all kinds of things, putting even more money into the building because so many things have been neglected, and starts making plans for major events.
Certainly they need to generate income sooner than later because of the huge investments involved. They assume everything is fine because that’s the way it’s been.
Then comes along the local code guy.
Unknowing to the new owner, this code guy has been dealing with this property for ten years… maybe more.
There have been numerous issues relative to local zoning and NYS fire codes for over ten years. Some resolved, some not. Some minor, some rather major.
But none the less, the code issues have been consistent.
What has changed over the past ten years, four times or more, are the owners and/or the occupants responsible for code compliance.
Although each expressed a willingness to bring things into compliance, and made some attempts to do so, each ultimately abandoned the property leaving things unresolved.
Some major code violations need to be addressed, they will not just disappear.
A one-hour meeting at the code office, even just a phone call before the deal was finalized, would have saved so much aggravation.
The emotional response of “what about him?” and “what about them?” would have been avoided.
Knowledge and understanding… never assume something is grandfathered.