Property Law Archive

Friday

26

April 2024

0

COMMENTS

Question: Is it Legal to Build a Greenhouse in my Backyard?

Written by , Posted in Land Use and Zoning Law, Property Law

Answer: Yes it’s Legal in most cases. The legality of building or adding a greenhouse one on your property is obviously subject to various factors, including zoning laws, permits, property setbacks, size restrictions, and homeowners association regulations.

If you’re out in the sticks where no one can even see you have a new greenhouse constructed, things are easy, but if you’re in a more developed area you may need to do the following which we will discuss: obtaining necessary permits for the greenhouse and adhering to building codes and safety standards. Also looking at the potential implications of using a greenhouse as an accessory dwelling unit (ADU).

Zoning Laws and Permits

  • Zoning laws are local regulations that dictate how land can be used and what structures can be built on a property. These laws vary by city, county, and state, so it’s essential to research the specific requirements in your area.
  • To find local zoning laws and building permit requirements, start by visiting your city or county’s building department website or office. They can provide you with the necessary information and forms to begin the permit application process.
  • In most cases in cities and suburbs, you’ll need to obtain a building permit before constructing a greenhouse. This process ensures that your structure adheres to local safety standards and doesn’t violate any zoning restrictions.
    • Example: In Portland, Oregon, a building permit is required for any greenhouse larger than 200 square feet or taller than 10 feet.
  • Failing to obtain the necessary permits can result in fines, legal action, and even the requirement to remove your greenhouse entirely.

While it may seem like a hassle to go through the permit process, as lawyers, we’d assure you that this is an important step in protecting both your investment. Skipping this step can lead to costly consequences down the road. We’ve rarely seen a city make someone take down a structure they spent a lot of money on, but you never know and some municipalities can be very draconian and even punitive..

Building or Buying a Kit?

Note: if you’re thinking of buying or constructing your own greenhouse, there are various options available to homeowners. A popular choice is DIY greenhouse kits, like this All-Metal Hoop House Kit below. These kits provide a convenient and cost-effective solution for those who want to construct their own greenhouse while ensuring compliance with building codes and safety standards. Click here for a link to their website.

The Gothic-shaped all-metal hoop house, for example, is made from US-manufactured galvanized steel and aluminum, and is NRCS compliant. It also includes all necessary components and instructions, eliminating the guesswork and streamlining the construction process.

By opting for a reputable DIY kit, homeowners can save time and effort in researching and sourcing materials, while still adhering to the legal requirements for backyard structures. However, it’s essential to remember that even with a kit, you’ll still need to obtain the necessary permits and approvals from your local building department and HOA before beginning construction.

Property Setbacks and Size Restrictions

  • Setbacks are the minimum distances that a structure must be from property lines and neighboring buildings. These requirements help maintain privacy, ensure proper drainage, and prevent overcrowding.
    • Example: In many residential zones, structures must be at least 5 feet from the side and rear property lines.
  • Size restrictions may also apply to backyard greenhouses. These limitations can be based on the total square footage of the structure or its height.
    • Example: In some areas, backyard structures cannot exceed 50% of the total yard area or be taller than the primary residence.
  • To determine the setback and size restrictions for your property, consult your local zoning ordinances or speak with a representative from your building department. We’ve seen city websites that make this easy, some not so easy.

Homeowners Association (HOA) Regulations

  • If you live in a community governed by an HOA, you’ll need to review their bylaws and covenants before building a greenhouse. Some HOAs have strict rules regarding the appearance, size, and location of backyard structures. Keep in mind we have friends in the hillcountry of Texas with 5-10 acre ranches out in the boonies who still have HOAs! They will let you farm pigs and shoot guns all day long, but they have very stright regulations on sight-lines from the street and what can or cannot be seen.
    • Example: An HOA might prohibit the use of certain materials or require that greenhouses be screened from view.
  • To avoid potential conflicts, submit your greenhouse plans to your HOA for approval before beginning construction. Be prepared to make adjustments based on their feedback.
  • If you’re unsure about your HOA’s regulations, contact your HOA board or property management company for clarification!!

Building Codes and Safety Standards

  • Building codes are designed to ensure that structures are safe, stable, and energy-efficient. When constructing your greenhouse, you’ll need to adhere to these codes, which may specify requirements for materials, structural integrity, and ventilation. It’s usually not the end of the world if a greenhouse collapses, however in today’s litigious environment, it’s better to be safe than sorry.
    • Example: Greenhouses may need to withstand a certain amount of wind load or snow load, depending on the local climate.
  • The International Building Code (IBC) and the International Residential Code (IRC) are the primary building codes adopted by most states and municipalities in the United States. However, some areas may have additional local amendments or requirements.
  • To ensure compliance with building codes and safety standards, work closely with your local building department and consider hiring a professional contractor familiar with greenhouse construction.

Greenhouse to Accessory Dwelling Unit (ADU) Conversion Considerations

An ADU is a secondary living space on a property, such as a guest house or apartment. Some homeowners may consider converting their vintage greenhouse into an ADU. Why? A well-built and rustic greenhouse with glass walls that is no longer being used for its original purpose can actually be lived in. Some people (mostly in colder climates) may be drawn to the idea of living in a converted greenhouse for its unique architectural features, abundant natural light, and connection to nature. It can also be an Air BNB idea for extra rental income.

However, using a greenhouse as an ADU comes with additional legal implications. Zoning laws may restrict the construction of ADUs or require specific permits and inspections.

Example: In California, ADUs must meet minimum size requirements and cannot be sold separately from the primary residence.

Converting a greenhouse into an ADU can also affect your property taxes and insurance coverage, so it’s essential to weigh the potential benefits and drawbacks carefully.

If you’re considering using your greenhouse as an ADU, consult with your local planning department to understand the specific requirements and restrictions in your area.

At the end of the Day

Adding a backyard greenhouse can be a rewarding and enjoyable project, but it’s essential to navigate the legal landscape carefully. By researching local zoning laws, obtaining necessary permits, adhering to building codes, and respecting HOA regulations, you can ensure that your greenhouse is a legal and valuable addition to your property.

FAQs

  1. Do I always need a permit to build a backyard greenhouse?
    • In most cases, yes. However, some areas may have exemptions for small, detached structures. Always check with your local building department for specific requirements.
  2. What happens if I build a greenhouse without obtaining the necessary permits?
    • Building without permits can result in fines, legal action, and the requirement to remove the structure or bring it up to code. It’s always best to obtain permits before starting construction.
  3. Can I use my backyard greenhouse as a living space or rental unit?
    • Using a greenhouse as an ADU is subject to zoning laws and may require additional permits and inspections. Consult with your local planning department to understand the specific requirements and restrictions in your area.
  4. How can I find out if my HOA allows the construction of greenhouses?
    • Review your HOA’s bylaws and covenants, which should outline any restrictions on backyard structures. If the information is unclear, contact your HOA board or property management company for clarification.
  5. Are there any tax implications associated with adding a backyard greenhouse?
    • Adding a greenhouse may increase your property value and, consequently, your property taxes. If you use your greenhouse for business purposes, such as selling plants, you may also need to report the income on your tax returns. Consult with a tax professional for guidance specific to your situation. In some states an agricultural exception might significantly reduce your tax burden, if you’re growing approved agricultural plants.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

Tuesday

23

April 2024

0

COMMENTS

Question: Is It Legal to Put a Sauna in a House or Apartment as a Renter/Tenant?

Written by , Posted in Contract Law, Insurance Law, Property Law, Real Estate Law

Answer: Yes, in some cases. If you can install the sauna without needing to modify the landlord’s dwelling (such as by running new 220v wiring or similar) or making any other permanent addition or modification to the house or apartment, than you should be good to go. If not, as lawyers, we’d recommend you to definitely need to ask for permission as the first step before doing anything else.

But let’s explore adding a sauna as a renter in more detail, including lease agreement considerations (landlord-tenant law), landlord consent (property law), building codes and permits (building and construction law), liability and insurance (insurance law and tort law), and removal and restoration (contract law).

Lease Agreement Considerations (Landlord-Tenant Law)

Before you start planning your sauna installation, it’s crucial to review your lease agreement thoroughly. Look for any terms, conditions, or restrictions that may prohibit or limit your ability to modify the rental property. Pay close attention to clauses that address alterations, improvements, or installations. Landlord-tenant laws vary by state and local jurisdiction, so it’s essential to understand your rights and obligations as a tenant.

For example, your lease may include a clause stating that any alterations or modifications to the property require the landlord’s prior written consent. If such a clause exists, you’ll need to discuss your sauna installation plans with your landlord before proceeding. “It’s essential for renters to carefully examine their lease agreements and understand their rights and obligations regarding property modifications,” our lawyers say. “Failure to comply with the lease terms can lead to legal consequences and potential eviction.”

Landlord Consent (Property Law)

Obtaining your landlord’s written permission is a critical step in the process of adding a sauna to your rental property. Schedule a meeting with your landlord to discuss your sauna installation plans in detail. Be prepared to address any concerns they may have, such as potential damage to the property, noise levels, or increased utility costs. Property law governs the ownership, use, and transfer of real estate, including rental properties, so it’s essential to understand your landlord’s rights and responsibilities. Your landlord may grant conditional approval for the sauna installation, subject to certain requirements or restrictions.

For instance, they may stipulate that the sauna must be installed by a licensed professional or that you must obtain the necessary permits and approvals from local authorities. “Landlords have the right to protect their property and ensure that any modifications are done safely and legally,” explains Dr. Thompson. “Renters should approach the conversation with their landlord openly and transparently, and be willing to accommodate reasonable requests.”

Building Codes and Permits (Building and Construction Law)

Before installing a sauna in your rental property, you must research and comply with local building codes and regulations. These codes ensure that the sauna is installed safely and meets the required standards for electrical wiring, ventilation, and fire safety. Building and construction law governs these requirements and ensures that structures, including saunas, are built and installed safely and in compliance with local requirements.

Contact your local building department to inquire about the specific requirements for sauna installations in your area. You may need to obtain permits, such as an electrical permit, to proceed with the installation legally. “Failing to obtain the necessary permits can result in fines, legal penalties, and potential removal of the sauna at the renter’s expense,” warns Dr. Thompson. “It’s crucial to navigate the permit process diligently to avoid any legal complications.”

Liability and Insurance (Insurance Law and Tort Law)

Installing a sauna in your rental property comes with potential liability risks. If a guest or visitor is injured while using the sauna, you could be held liable for any damages or medical expenses incurred. Tort law governs the legal remedies available to individuals who have suffered harm due to the actions or omissions of others, such as negligence or premises liability. Review your renter’s insurance policy to determine if it provides coverage for such situations.

If not, consider obtaining additional liability insurance to protect yourself from potential legal claims. Insurance law addresses the coverage provided by renter’s insurance policies and any additional liability protection that may be necessary. “Renters should also consider having guests sign a liability waiver before using the sauna,” suggests Dr. Thompson. “While not foolproof, a waiver can provide some level of protection and demonstrate that the renter took reasonable precautions.”

Removal and Restoration (Contract Law)

When your lease comes to an end, you may be required to remove the sauna and restore the rental property to its original condition. Review your lease agreement carefully to understand your obligations regarding removal and restoration. The lease agreement is a legally binding contract, and contract law principles apply to the interpretation and enforcement of lease terms, including clauses related to property modifications and alterations.

If the lease includes clauses addressing these issues, you must comply with the specified requirements. Failure to do so could result in the loss of your security deposit or additional legal consequences. “Renters should budget for the cost of sauna removal and property restoration,” advises Dr. Thompson. “It’s important to have a plan in place to ensure a smooth transition when vacating the rental property.”

Frequently Asked Questions (FAQs):

  1. Can a landlord refuse to allow a sauna installation? Yes, a landlord has the right to refuse a sauna installation if they believe it poses a risk to the property or violates the terms of the lease agreement.
  2. Is it necessary to obtain a building permit for a portable sauna? We’re not contractors so we’d say no, but portable saunas may still require permits depending on local building codes and regulations. It’s best to consult with your local building department for specific guidance.
  3. Who is liable if a guest is injured while using the renter’s sauna? The renter may be held liable for any injuries sustained by guests while using the sauna. Renter’s liability insurance and waivers can help mitigate potential legal risks.
  4. What happens if the renter fails to remove the sauna at the end of the lease? If the renter fails to remove the sauna as required by the lease agreement, the landlord may have the right to remove it and charge the associated costs to the renter. Legal action may also be pursued.
  5. Are there any tax implications for adding a sauna to a rental property? Installing a sauna may be considered a capital improvement, which could have tax implications for both the renter and the landlord. Consulting with a tax professional is recommended to understand the specific tax consequences.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

Wednesday

7

June 2023

1

COMMENTS

Question: Is it legal to Dumpster Dive in Texas?

Written by , Posted in Property Law

Answer: Dumpster diving  in Texas is a permissible act if it’s carried out on public property. On the contrary, diving into dumpsters on private property is not legal unless consent is given by the property owners or renters–the law may impose trespassing charges for dumpster diving without the necessary authorization.

Additional Detail:
In Texas, the law allows the act of dumpster diving if it’s performed on property that is public.. Dumpster diving is also known as “binning” or “trashing” which basically means seeking out usable items from trash that was  discarded in large commercial or residential dumpsters. The law acknowledges the rights of individuals to reclaim discarded items from dumpsters that are placed in areas open to the public (in other words, once you’ve thrown something in the trash in a public place, you forfeit all property rights. Not true of course if you toss something in your own trashcan on the side of the house)

Bottom line is, the law restricts dumpster diving on private property however. It’s deemed illegal if you dumpster dive on private property, such as a business location or a residential building or house, unless the property owners or occupants have explicitly granted permission. The laws against trespassing in Texas, as well as local city or municipal ordinances and statutes, are the difference maker in thesse circumstances.

dumpster diving man in green dumpster

Also to note: trespassing on private property to gain access to dumpsters is also considered illegal (we wouldn’t recommend doing that in Texas regardless, especially at night. Texas Penal Code Section 9.41 allows a person to use force, but not deadly force, to terminate a mere trespass or interference with property. 

You may get away with it, but at best may face trespassing charges. At worst, you may be shot!

The Texas Penal Code Section 30.05 stipulates that a person commits an offense if they enter or remain on or in property of another without effective consent, particularly if they had notice that the entry was forbidden, or received notice to depart but failed to do so. Notice can be given through oral or written communication, fencing or other enclosure designed to exclude intruders, or signs posted on the property indicating that entry is forbidden??. The penalties for these offenses range from Class B to Class A misdemeanors depending on the nature and location of the trespass?.

So of course, the legality of dumpster diving in Texas depends on a variety of factors, primarily related to the location of the dumpster and whether permission has been granted by the property owner!! Always ensure compliance with local laws and regulations when engaging in such activities.

As they say, one man’s trash can be another man’s treasure. If you want to do this, there’s even a Facebook group specifically for dumpster diving in Texas!

Related question: Can you go through someone’s trash legally?

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

Monday

29

July 2013

1

COMMENTS