Check Out Zoning Rules Before You Buy a House

Before you get too serious about buying a particular house or within a particular neighborhood, be sure to check out local zoning rules and regulations. You might be disappointed to discover that, for example, the home business you'd always dreamed of starting is prohibited, or that you can't turn the garage into an in-law cottage. And if vacant lots are widespread in the neighborhood, or you see a lot of tear-downs and new construction, you will want to know what might legally be built there.

We'll get into the details below.

Expect Additional Restrictions If Moving Into a Property Development With HOA Governance

Note also that if you buy a condo, townhome, or other property within a subdivision or development governed by a homeowners' association (HOA) this will add another layer of restrictions on how you can use, improve, or alter your property. See these articles on Buying a New Home or One in a Development. Be sure to check out the HOA regulations called Covenants, Conditions, and Restrictions (CC&Rs). These typically cover how individual homeowners are expected to treat and use their property (such as fence style in a detached house or curtain color in a condo).

Residential Neighborhood Zoning Categories You're Likely to Encounter

Step one in your research is to find out from the municipal planning and building department what zoning category the neighborhood you're interested in falls into. A classification called single-family residential is typical. But some neighborhoods with ordinary houses might actually be zoned for multifamily residential, transitional, or a mixed use such as residential plus commercial. One of these other classifications might be good for you.

For example, if a home business is in your plans, mixed commercial and residential might be perfect. But a classification other than single-family residence might be a problem, particularly when it comes to your neighbors' future plans. Multifamily zoning, for example, might mean the house next door could be replaced with an apartment building.

Zoning and Local Rules That Might Affect Your Use of the Property

It's a good idea to research zoning and other municipal rules—ideally with the help of your real estate agent or attorney—if any of the following are true:

You Intend to Operate a Home Business

In an area zoned residential, take a careful look at the local rules—they don't always give a clear thumbs up or down for home businesses. Some rules, for example, generally allows them. Some prohibit home businesses in general but allow exceptions, such as for in-home child care or a photography studio. And some provide a list of allowable home businesses (usually those that don't involve a lot of traffic or customers.)

See Home Businesses and Zoning Laws for more on the subject.

You Plan to Remodel Your Home

If, after buying, you are hoping to remodel the house or garage or add other structures to your property (even a fence, pool, or child's tree house), check local zoning rules before you buy. These could be quite restrictive and are likely to require permits and going through a bunch of red tape. Local view ordinances, for example, could limit your ability to add a second story to your house or tear down your garage.

You might consult a local architect in advance for advice on dealing with, or getting around, the rules. And if the house has been designated a historic landmark, any remodeling—even basic things like a new paint job—might be subject to local rules on style and color. (See FAQs About Buying a Home That's a Designated Historic Property.)

You Have a Boat or RV You'll Want to Park on the Property

If you plan to park a boat, RV, or large vehicle in the driveway of your new home, make sure you are allowed to do. Some local rules restrict parking of oversize vehicles in residential areas.

(And again, if the home you're buying is in an HOA community, there's a good chance it will have rules on parking large moving objects, plus assigned parking spots.)

You Plan to Cut Down a Large Tree or Keep Farm Animals

Landscaping, excluding shrubs and flowers, might be a topic of separate regulation. Certain types of tree, for instance, might be protected, and you would not be allowed to cut them down (usually with exceptions for disease or safety concerns).

Farm animals such as chicken, roosters, or goats (or more exotic animals, such as ostriches or alligators) might be prohibited outright, or might be legal within certain parameters.

(And once again, any HOA is extremely likely to restrict or prohibit animals.)

How to Find Local Zoning Rules and Ordinances

Check your local planning department on your city's or county website; many will post information on zoning rules and ordinances. Or, try calling or visiting in person.