You might want to ask a few questions when you decide to build in a subdivision or even when you buy land. Occasionally, the owner or prior owners will have a stipulation on what you can build.
When you buy in a subdivision, you need to look at the restrictions for building. Here are some things to look for or ask about: Some sections have certain sizes of homes you can build. Some require only side loading garages. Others make you build using certain products. If you have your heart on building a log home, can you build it in this subdivision because it does not have the required masonry products? Can you build a guest home on this property or a workshop? These are just a few things to ask or check for in the restrictions or building codes. Can you use your own builder? If you use your own builder, will the builder be required to pay the subdivision or sales person a percentage to build for you? Beware: if your builder has to pay a percentage to the subdivision or sales person, guess who actually pays this fee? Builders paying percentages to subdivisions or sales persons are more common than you think. Some sales people have been known to charge builders 3-6% to build in their subdivision. Ask your builder.
If you are buying land, make sure the prior owner or current owner does not have a stipulation on what you can build. If they do, make sure you get a full copy of the warranty deed before you close on this land. You might want to build an 1800 square foot house out of cedar with a matching guest house on 25 acres, which sounds wonderful. However, the warranty deed states you must build a 2200 house with so much masonry on it. Now what? You will have to try to get a variance to build, which could be granted or denied.
The bottom line, some things might be predefined, not allowing you to build your dream home as you envisioned at the location you have selected. Always look at the restrictions, building codes, warranty deeds, and ask the sales people, realtor, or builder these questions. Your realtor or builder will be able to research this and provide these answers to you.
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