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Hello! We just saw a house that we really liked so much that we were thinking to put an offer. Then, we found out (by calling the town and looking into the history of the house) that this is a "non-conforming" house. I did some search online and in general people advise against buying a "non-conforming" property. I was wondering, however, how common this is in Massachusetts and whether there are any specific local issues etc., and of course I would be grateful for any feedback on this issue.
Thanks so much in advance!!
My understanding is that the property is considered "legal" and it is definitely in a residential area, but it does not conform with dimensional/setback regulations/requirements.
So, basically, I was wondering whether this is a common situation in Massachusetts, whether there are additional costs (e.g., insurance) and whether there are pains and problems associated with the decision to buy such a property.
Thanks again.
I am not clear on the definition of non-conforming in this instance. If it is a case of the property being in non-compliance with zoning, set-back, or other code compliance issues, then the question is how is it still legal unless it is grandfathered. If that is the case, then I dont see any issues as long as the grandfathered status is well documented and is transferrable to a new owner (transferability in writing).
If it is a case of being out of character with the neighborhood, (my normal understanding of non-conforming) by being too big or too small compared to other nearby properties, then it becomes a matter of compensating the value to the potential negative impact of the non-conformance. If the property is too large, it wont sell at the same price per square foot as the smaller properties without seeming much more expensive. The solution is to value it at a significantly lower dollar/sq ft compared to the neighborhood to keep the overall price more in line with the neighborhood. Even if it is 50% bigger, it cannot sell at 50% higher than average pricing, so value it at 25% more than average.
The danger is that it will be perceived as hard to sell or expensive to maintain and thus be harder to resell. If you can buy it at such a discount as to compensate for that risk, then I say go for it. Just be prepared for the issues that MAY arise later. I would NOT recommend buying it at full value based on square foot price if it is significantly non-conforming in this manner as you face substantial risk of not recovering full value when you decide to sell.
Bottom line is how much risk are you comfortable with at resale and how well can you compensate for a potential value loss at that time.
This is what I know, and I am no expert on the subject. Many older properties are non-conforming simply because zoning laws have changed since they are built. Most often you will find non-conforming properties in older more dense neighborhoods where there are two-three families on a very small lots. Nowadays you would not be able to build them simply because lot size and setbacks are not working with current codes.
Most are perfectly fine properties to buy (grandfathered as such), and resell with an understanding that e.g. you might have some limitations on it, and in particular. limit on expansion. If you home is two-three family property on a very small lot, your chances to try to push for deeper porches or build a garage are probably slim to none. If this house is not something you are planing to build up on and expand, I am pretty sure you are fine as long as you make sure town officials, relevant documents, and title is in order.
If this home has some questionable sq.ft, issues with lot lines and town officials are raising red flags for some reason, then by all means find better place.
If the buyer wants to do upgrades requiring permitting in the future will the issue of non-conformance come into play. I'm thinking about the recent thread from the person requiring the new egress doors.
This really depends from town to town. For example my old house in Natick was on a 10,000 sf lot. Natick now has a 20,000 sf minimum lot size. Over half the homes in Natick are nonconforming based on today's regulations. This is not a problem and all reasonable requests to expand a nonconforming house are approved by the town even if they do not meet setback requirements. In Natick, the new regulations mostly apply to new construction and in areas that abut conversation land. You'll have to give us the name of the town you're talking about and maybe a resident member can chime in with their opinion.
What does your agent say about the issue? I think this is a situation where a knowledgeable real estate agent who does work a lot in this particular town would be able to advise you (no I'm not an agent myself, in case you were wondering )
I agree with what others have mentioned, however, it's hard to make suggestions and explanations without a little more info. I understand you may not want to disclose too much, because you are interested in buying this house (and who knows, you may attract competitors), but if you give us at least the town and vague idea of what exactly is "non-conforming" someone could help you more.
This is what I know, and I am no expert on the subject. Many older properties are non-conforming simply because zoning laws have changed since they are built. Most often you will find non-conforming properties in older more dense neighborhoods where there are two-three families on a very small lots. Nowadays you would not be able to build them simply because lot size and setbacks are not working with current codes.
^^^^^^THIS!!!!
I would get specifics on why EXACTLY why it's non-conforming. One zoning change and 2/3rds of a town becomes "non-conforming" and grandfathered.Pick any old house and 80% of the house will have non-conforming plumbing, electrical etc. It's probably nothing.
Thank you so much for all the responses! This is so helpful!
The house in in Marblehead. The house is nice, but has no garage because it is in a relatively small lot. So, when we asked about whether it would be feasible to build a garage, we learned that we would have to go through the ZBA and the "non-conforming" issue came up.
I then searched online and I read (not for the specific town) that insurance is higher for non-conforming houses and that if something happens, the "grandfathered" characteristics are lost and the owner will have to build it according to code and other scary stories like these...
So, then, I wanted to ask the members of this so helpful forum what their thoughts are on the "non-conforming" houses. Obviously, we will discuss this thoroughly with our real estate agent, but we wanted to hear more opinions as well; and I thank you so much for being responsive!
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