Max Prebit is a legal industry professional working in the Northern District of New York. In the following article, Max Prebit discusses the importance of understanding the legal landscape surrounding new home construction. It is vital to ensure compliance, protect investments, and navigate potential pitfalls. While not an attorney, Max Prebit’s time in the industry has given him an insider look at the big legal picture when building a new home. Below, Mr. Prebit dives into the intricate world of legal considerations, equipping homebuyers with the knowledge necessary to confidently navigate the legal process for building a new, custom home from the ground up. However, with any large endeavor like this, Max always suggests also getting advice from a licensed attorney.

Embarking on the journey of building a dream home is an exciting endeavor, filled with countless decisions and considerations. A dream home often elicits fairytale-esque images of the finished result. But from architectural designs to construction materials, every aspect demands meticulous attention. However, amidst the flurry of creative ideas and practical plans, it’s crucial not to overlook the legal aspects that govern the process.

Max Prebit of NY says that understanding the laws surrounding home building before jumping straight into the dream is essential for first timers to avoid costly penalties and fines.

Max Prebit Says to Obtain Approval for The Lot

Even when someone owns a plot of land, it doesn’t mean they can do whatever they want with it. While that may seem unfair to some, that’s the way of the world — and ignoring such information comes with hefty fines.

Max Prebit of NY notes that before beginning any construction project, landowners should make sure their plot is within an approved building site.

To do this, it is recommended to look online to find where the records are located in specific areas. More often than not, they’ll be held at the county courthouse, city hall, the county recorder’s office, or another county department (e.g., tax assessor’s office).

Researching Zoning Laws

Zoning laws dictate how land can be used and the types of buildings permitted on said land. Like property records, this information is freely available to the public, and is especially prudent when constructing a home.

Researching state, county, and city zoning laws is imperative to avoid costly infractions throughout the home building process, reports Max Prebit of NY.

To access the information, experts recommend talking to local zoning offices, local planning boards, or city halls. The employees will tell wannabe-home builders where to obtain information regarding their lots to ensure the lack of regulations or restrictions that would prevent construction.

Max Prebit of NY says that after scrutinizing the zoning laws, permission from the relevant entity must be acquired before starting the project. However, this is not the same as a building permit (covered below).

Reading Ordinances and Covenants

People looking to build a home need to take smaller rules and regulations into account — it isn’t just about the overarching laws.

The contractor must ensure the proposed project complies with all local covenants and ordinances. Typically, this responsibility falls on the shoulders of a qualified professional. However, Max Prebit of NY says that the future homeowners sharing such knowledge proves handy.

Sometimes, zoning laws can approve a particular structure design, but local ordinances limit the height or size of the build. Individuals should acquire written permission from their municipality prior to starting construction to ensure approval.

Building in areas containing Homeowners Associations necessitates compliance with covenants. While such bylaws may not be recorded publicly, people can easily find HOA contact’s information to request copies.

Understanding Building Codes

Max Prebit of NY says that zoning laws determine land usage, but they don’t regulate the physical structure — that’s where building codes come in to play.

Throughout the United States of America, building codes are a standard, detailed under the IBC or International Building Code. The code’s principles are deep-rooted in public health, welfare, and safety within the environment, which applies to all structures.

The IBC regulates every part of proposed buildings, including fire prevention. It also involves other codes, like the National Electric Code and International Plumbing code.

Max Prebit of NY notes that due to the stringent nature of the IBC, the project’s builder, engineer, or contractor will ensure all elements of the build meet the code. However, experts advise everybody involved with the process to research them for complete understanding.

Securing All the Permits

All construction or remodeling projects require building permits. Arguably, this is the most challenging part of the ordeal as local code offices request a myriad of documents and frequent inspections, including:

• Floor plans
• Structural drawings
• Measurements
• The material of the exterior
• Elevation view

Max Prebit of NY explains that the cost of such permits depends on location. However, the average range is between $300 and $2,000, with larger cities reaching a whopping $7,500.

According to the law, the individual obtaining the permit is considered the project’s contractor and becomes liable for any related damages.

The soon-to-be homeowners can partner with others in this process, and even request their builder secure the permits for them. In fact, it’s wise to allow contractors to do this part as they’re more experienced with these processes and will know whether electrical, grading, and mechanical permits are also needed.