Ed Vitale: Building: A Self-Help Guide For The Owner Builder

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In some states, a division of property into less than a designated number of lots (usually three or four) and which involves no new street construction for access is classified a minor subdivision and no public hearing is required. A major subdivision (one that involves the creation of more than three or four lots and/or the construction of access roads) imposes both a public hearing on the subdivider and the requirement that he submit much more complicated engineering documentation to the governing board.

CAUTION: Don't think you've avoided the subdivision problem by signing an agreement with a rural landowner that allows you to erect your dwelling on a portion of his land (on which there are three or four owner-builders doing the same thing) without actually purchasing the property. There are usually prohibitions—tucked away in the fine print of either a subdivision or zoning ordinance—against more than one primary use of a piece of property under one ownership.

Again, the town clerk knows if a subdivision ordinance is in effect. If one has been adopted for the area in which you want to build, purchase the ordinance and read it. Surprise! You just may find you'll be able to argue that your subdivision is exempt under the terms of the ordinance!

BUILDING CODES. These are the regulations that specify how—and of what materials—a building must be constructed. Unfortunately, some owner-builders don't bother finding out about the existence of these regulations until after they've purchased a piece of property. If you have very definite plans in mind for your shelter, make sure that it can be built in the municipality or county where you contemplate the purchase of land BEFORE you buy that land. Otherwise, you may have to change your construction plans to conform to the code that governs the property you've bought.

Lest this seem horribly arbitrary and unfair, perhaps a quick review of how building codes have developed over the years will put the present situation into a more honest perspective.

Cities on the North American Continent began to adopt building codes even before the revolution that birthed this country. The regulations grew out of a real need to protect city-dwellers from fire, wind, snow, floods, earthquakes, overcrowding ... and sheer unsafe construction. Some codes outlawed thatch roofs and a few even prohibited wooden construction (in municipalities where fire was especially feared).

Building codes started to proliferate to the then-rural areas of this country about the turn of the century when a group of insurance companies—in the bes t tradition of American enterprise—promulgated a model building code in an attempt to stop its losses from fires. Thus, the National Building Code—still with us today—came into being.

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