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Sara, Home Buyer in 60634

What exactly means the term grandfathered in???

Asked by Sara, 60634 Mon Nov 22, 2010

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In simplest terms, it means if you have a situation before a new law or ordinance is in place, if you are not required to comply to the new change, you are "Grandfathered" in for that new requirement.
An example would be; if your condo does not have a sprinkler system in it at this time, and a new law says it is required in all new condos, your building does not have to now install the newly required sprinklers, your building is "Grandfathered" in.
0 votes Thank Flag Link Mon Nov 22, 2010
The more proper phrase for "grandfathered in" is "Legal Non-Conforming" A good example of this would be a zoning change in your neighborhood. Your property would stay the same but anything new would have to conform to the new requirements.
1 vote Thank Flag Link Mon Nov 22, 2010
The term grandfathered is referring to the type of zoning that is permitted. Often Zoning Ordinances change over time and what was at one time permitted is no longer permitted. If a property has a grandfathered zoning it means the current use is permitted for the current owner but if sold it may or may not be permitted to a new owner. You must check this with the city zoning departments.
1 vote Thank Flag Link Mon Nov 22, 2010
Sara,

The term spans across many different fields relating to anything that has rules or policy in place. "Grandfathered in" means that if there is a new rule or policy that is going into effect, for example, January 1st, 2011, everyone who may be affected by the rules will not be affected by that particular new rule so long as they had the condition, the new rule affects, in place prior to the date the new rule was instituted.

For instance, if a new building policy states "No pets" starting Jan 1st, 2011, however anyone with pets prior to November 22, 2010 (date new policy was instituted) will be "grandfathered in" and they will be allowed to have that particular pet until death do you part.

Hope that helps.
1 vote Thank Flag Link Mon Nov 22, 2010
In the state of new jersey in a condominium does the board ofv trustees have thecrightto change a rule about smoking? Do they have a right to re assign parking spaces.
0 votes Thank Flag Link Mon Jul 1, 2013
Hi, Sara! These are excellent questions - and complicated, important ones. Do you have a real estate attorney who assisted you with the purchase of the home or with any other real estate related transaction? Or do you have a real estate expert who helped you buy or has helped you in the past? You will definitely need someone with experience to assist you with this and to spend some serious time making sure that you get the proper answers and detailed, specific information - better than on-line advice :). If you would like someone to assist you, try here: http://www.dreamtown.com/agents/dream-town.htm.
Web Reference: http://www.dreamtown.com
0 votes Thank Flag Link Tue Nov 30, 2010
Thank you kindly to everyone who took the time to answer my question. Since in the Zoning Certificate we were given at closing it says only one unit and full unfinished basement it helps to know what to ask for at the City..... I dont think the place is grandfathered in although in the MLS listing it said finished basement and the bathroom in the basement was added as well.
I just wish I learned all this before we renovated somehow the place and thought of renting it out.

We spent over 10k on the place, about double of what we anticipated and it seems like a total waste of money, efforts and time.
How possible is it now to get the place inspected and what are the steps to get it legal if at all possible?? How much cost these things? Will we be asked to take down the walls etc?
Any information and details will be highly appreciated.

Thank you very much in advance
0 votes Thank Flag Link Tue Nov 23, 2010
Hey Sara,

"Grandfathered In" typically means legal use of a property based on the legal existence of the use prior to a modification of zoning ordinance or building code. Edward's answer "legan, non-conforming," is spot on.

Be aware that just because a property has a legal non-conforming use, doesn't mean it will stay that way indefinitely. If you are performing modifications or alterations to the building, the existing use may be voided.

Also, building code changes that affect health and safety typically are not legal no conforming. For example, if the space has inadequate ventilation, light or egress, you may have a problem. I reiterate my prior answer. Speak with your attorney to discuss the situation. See if they have a copy of the zoning certificate of compliance. If not, you may want to have a consultation with an architect that specializes in code and zoning compliance. They can let you know what can be done, if any, to maintain the existing use.

Best of Luck,

Wayne Beals
Keller Williams
312 77BEALS
312 772-3257
wbeals@kw.com
http://www.waynebeals.com
Web Reference: http://www.waynebeals.com
0 votes Thank Flag Link Tue Nov 23, 2010
Hey Sara,

"Grandfathered In" typically means legal use of a property based on the legal existence of the use prior to a modification of zoning ordinance or building code. Edward's answer "legan, non-conforming," is spot on.

Be aware that just because a property has a legal non-conforming use, doesn't mean it will stay that way indefinitely. If you are performing modifications or alterations to the building, the existing use may be voided.

Also, building code changes that affect health and safety typically are not legal no conforming. For example, if the space has inadequate ventilation, light or egress, you may have a problem. I reiterate my prior answer. Speak with your attorney to discuss the situation. See if they have a copy of the zoning certificate of compliance. If not, you may want to have a consultation with an architect that specializes in code and zoning compliance. They can let you know what can be done, if any, to maintain the existing use.

Best of Luck,

Wayne Beals
Keller Williams
312 77BEALS
312 772-3257
wbeals@kw.com
http://www.waynebeals.com
Web Reference: http://www.waynebeals.com
0 votes Thank Flag Link Tue Nov 23, 2010
Grandfathered in, in your case just means that your downstairs apartment was in a legal single fam. home with rental apartment i.e. zoned like a 2 flat, before zoning changes happened, in that case you would be ok to rent it, but you need to make sure what the village, city hall says about your legal zoning of your building.

You still need to contact city hall to find out the official legal zoning of your building.
Take care
Edith YourRealtor4Life and Chicago Connection
Working always in the very BEST interest of her clients...
0 votes Thank Flag Link Tue Nov 23, 2010
Hi Sara, I think I remember your prior question - didn't it relate to a single family home that had a lower level living quarters that you were hoping to rent out? As I recall the suggestion was made that unless the approval for that space was "grandfathered in", you were likely looking at an illegal rental. What I take that to mean is that if zoned single family, then the separate living quarters may not be approved unless approval of it survived a zoning change/adjustment along the way....ie, "grandfathered in".

My suggestion would be to inquire of the township.

Best,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Mon Nov 22, 2010
It is often used these days with respect to renting. Many condo buildings are putting restrictions on the ability of owners to rent in order to keep the % of owner occupancy from going down the toilet, although by now that is too late. Now they are trying to get the % higher and limiting when and how owners can rent. Existing units that are already rented are often 'grandfathered in' so they can continue to be rented.....as an exception to the new rule.....usually until the unit is sold. Then the new owner must abide by the new rule.
0 votes Thank Flag Link Mon Nov 22, 2010
It refers to continued allowed use of property as it was when restrictions or zoning ordinances were adopted.

Matt Laricy
Americorp Real Estate
Brokers Associate, e-PRO
mlaricy@americorpre.com
708-250-2696
0 votes Thank Flag Link Mon Nov 22, 2010
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