Virginia called the previous owner of the property to see if he knew of a permit for the barn, and he told her the barn had been there when he'd bought the property 12 years before and he hadn't checked to see if it had a permit either. When she attempted to find the person he bought the property from, she discovered that person had passed away.
In order to get the permit so she could keep the barn, Virginia would need to supply plans of the barn to the county. In order to get these plans, she called the manufacturer of the barn, but they were unwilling to help her. “They would not release the plans to me because they said they could only give them to the person who purchased the barn,” she said.
So, what now? Virginia will need to hire an engineer to draw up new plans of her barn and take them to the county to get her permit so she won't have to tear down her barn. All told, this will cost her approximately $2,000.
Barn Pros (866/844-2276) sells kits for beautiful wood barns. Manager Cindy Massey says builders often assist customers in the permit process, but if you file the permit yourself you need to make sure you're clear on the rules in your county. "We see a wide range of regulations, from some states with no permits required for agricultural buildings to the other extreme where one person in California told us their county would not allow people and horses living in the same dwelling. If your plans show a space in your barn as a loft, and then you turn it into a living space, your permit and engineering requirements may change drastically."
Cindy went on to note that when you purchase a barn package from Barn Pros, the engineering plans (which include snow load and wind tolerance) are included in the price. However, if you buy a property with an existing Barn Pros barn on it and the barn doesn't have a permit, her company will work with you to produce the kit's original plans and engineering calculations.
Zoning laws
Some important questions to ask when you buy horse property are:
"Can I do ___________ on/to the property?"“Don't go by whether there have always been horses there,” says realtor Ingrid LeMasters (Duffield Realty, www.ingridhomes.com). Ingrid once bought a property that had “always had horses on it,” only to find out when the sale was final that the property had once been resurveyed and was just under the legal size limit to keep horses. In her case, the city let it slide as long as there were no complaints, but others have not been so lucky. Internet horse classified websites often contain ads from horse owners who found out too late their property wasn't zoned for as many horses as they owned, so they need to quickly re-home some of them.
"Can I keep _________ on the property?"
"Can I build a __________ in the future on the property?"
"Are there any outstanding permits on the property?"
"Were all buildings on the property permitted & inspected?"
“Is there a limit on the number of horses allowed to live on the property?”
Property owner Judith Dembowski advises not to rely on your agent to check on zoning laws, but to go to the city and check for yourself. “I've had one [realtor] who actually forged the maps on one lot we were looking to build on. Another one insisted that the acreage was enough for horses, even though I told her I called Town Hall and they said no. Her Realtor ad still ran for some time stating horses were okay.”
How can you avoid these nightmares when buying your own horse property? Sellers of properties are required to disclose any unpermitted improvements on the property. However, this does not happen until the sale is closed, which is too late for buyers to do anything about it. Before buying a home, you will want to check with the local land management agency, which is usually available on the city's website. Rules change from area to area within a county or even a city, and they can change from week to week, so it's important to be aware of any issues you may have when you purchase a property.
Don't rely on the fact that the improvements have been there for 10, 15, or even 20 years. In Virginia's case, the barn had been built over 12 years before she bought the property. In many cases, an issue like this would never be discovered. However, the county was alerted by someone that Virginia's barn, along with several others on her street, did not have a permit, and this is what triggered their inspection.
Familiarize yourself with the permit laws in your county. There may be certain types of buildings that don't require permits, such as buildings under a specified size or those that do not have running water. If your barn does not have a permit but you can prove it existed before permit laws were enacted in your county, you might be able to keep it without filing a permit.
Before you finalize a purchase, hire a knowledgeable inspector who is familiar with the requirements of rural property, such as water table heights, wells, generators, outbuildings, drainage, etc. You might even ask your seller if they have any old documents for the property. Consider buying title insurance, which covers the insured party for any claims and legal fees that arise out of such problems as unpaid real estate taxes or other liens.
Your best defense against unpleasant surprises when you buy horse property is to educate yourself and do your homework before making an offer.
