Property Renovation Laws

According to various property renovation laws, the term “property renovation” generally can be defined as changes or repairs that improve upon one’s home or a piece of real property. For instance, a property renovation project may refer to a minor upgrade that only improves upon a certain portion of a home, such as a bathroom or the kitchen. 

On the other hand, a property renovation project can also involve making changes to an entire property or home like a home makeover. Some other types of improvements that a property renovation could potentially entail may include the following:

• Repairing broken structures or fixtures within a home;
• Expanding the size of a room or adding another story (i.e., level) to a home or building;
• Redoing the interior or exterior of a structure to improve its appearance;
• Upgrading a property to make it more functional (e.g., installing new appliances, a smart home system, central air conditioning and heating units, etc.); 
• Building a deck, patio, or balcony; and/or
• Making changes to the outside of the property, such as installing an inground pool, planting a garden, and various other landscaping-related work.

Depending on the location of where the property renovation is taking place, some of the above home improvement projects may require a property owner to obtain a permit or get approval from a local housing board before they start making changes to their property. Some jurisdictions and housing boards may even have legislation that bans property owners from undertaking certain property renovation projects.   

Some types of laws that a property owner should look out for prior to starting a property renovation project include:

• Zoning regulations, land use laws, and specific rules for lots;
• Building and health codes;
• State laws and local ordinances; 
• Permits and licensing requirements;
• Neighborhood-specific covenants; and 
• Homeowners Association (“HOA”) guidelines.

All of these laws will help a property owner to determine whether they will be legally permitted or restricted from renovating their home and/or aspects of real property. Such regulations will still apply in the event that a property owner or manager is making improvements to a commercial structure or business property. In fact, most business and commercial property owners have to abide by even stricter regulations than those for renovating private property.

Regardless of whether your property renovation project involves private real estate or commercial property, it may be in your best interest to hire a local property lawyer. This can help ensure your improvements are both legally permissible and being made in compliance with the relevant state and local laws.

Is Property Renovation Always Allowed?

Not all property owners will be allowed to renovate their property. In other words, there are no laws that grant property owners the legal right to automatically renovate their property. For example, a property owner will not be allowed to renovate a piece of real property if such improvements would result in a violation of state law and/or local ordinance. 

It also should be noted that a property renovation project generally cannot occur without the permission of the property owner or the manager of the property in question. For instance, if a party does not receive permission to renovate the property from the rightful property owners or managers and goes ahead and makes changes to the property, then their actions could result in a private civil lawsuit for initiating unauthorized renovations. 

On the other hand, there are some instances in which property renovations may be necessary. One common example of when this might occur is if there is a dangerous condition on the premises or a hazardous issue with a structure on the property. 

When this type of situation arises, a property owner or manager will most likely be required to fix the issue as soon as possible. This is especially true in cases where the issue could cause someone to potentially get hurt.

Another situation in which a property renovation may be deemed necessary is if the changes are made in response to an amended or newly enacted state or local zoning law. For example, if the renovations are legally required due to health or safety reasons and such changes are feasible for the property owner to make, then the property owner will most likely have to make those updates in accordance with the law.

However, it is very important to check whether a particular piece of property must conform to new local codes. Oftentimes, when a property is considered a historical landmark or has some other special feature, the owners may not need to and may even be banned from updating the property, regardless of whether a new law has been passed or not.

What Are Some Types of Property Renovation Disputes?

There are many different issues that can lead to a dispute when parties are working on a property renovation project. Some types of property renovation disputes that tend to occur more frequently than others include:

• If a hired contractor causes damage to the property owner’s home or real property when making the agreed upon improvements. Disputes can also happen if the improvements are not made in accordance with the home renovation contract.
• If there is a breach of the home renovation contract, such as if the contractor refuses to finish the renovation project, charges the property owner an amount that exceeds the project and industry standards, or never starts the project despite receiving payments.
• If the property renovations result in a violation of state laws and/or local ordinances, such as zoning regulations, HOA bylaws, or licensing requirements.

In the event that any of the above disputes should arise, a local property lawyer can advise a property owner on the different types of damages that they may be able to recover in their jurisdiction. The following is a list of the typical remedies that a civil court may issue in a property renovation lawsuit:

• An award for various monetary damages, such as the costs to repair the contractor’s mistakes, to make up for the decline in value of a particular property, and/or expenses related to court costs and attorneys’ fees;
• An injunction (note that courts prefer to avoid issuing injunctions, however, this will be contingent on the facts of a dispute); 
• A punitive damages awards; and/or 
• Various breach of contract remedies (e.g., restitution).  

Do I Need a Lawyer for Help With Property Renovation Issues?

Property renovation projects can sometimes cause complications. As previously discussed, there may be issues with a property renovation contract, the overall project itself, the person hired for the work (e.g., a contractor), or with a particular area’s zoning laws. Thus, you may want to consult a local property lawyer either before your property renovation project begins or if there is currently an issue involving your property renovation project. 

An experienced property renovation lawyer will be able to recommend different options for legal recourse and can assist you in resolving the issue at hand. Your lawyer can advise you of the various construction laws in your county as well as can explain the effects those laws may have on your legal rights. 

Your lawyer can also determine if there are any ways for you to recover damages and can discuss the potential legal remedies you may be able to receive. In addition, your lawyer can negotiate, draft, and/or review any documents concerning your property renovation project, such as contracts or building permits. 

Finally, if there is a dispute over a property renovation project, your lawyer can assess the situation to see if there is a viable claim. If a viable claim exists, then your lawyer can also help you file a lawsuit against the appropriate parties and provide representation on the matter in civil court.