Does the property variance run with the land?

In other words, is the variance granted to a person or a place? Does the variance expire when it’s sold to a new owner? How does this vary (no pun intended) depending on the use of the variance? Let’s dive in and answer a few of these questions.If a variance has been vested, meaning it’s been acted upon, it’ll stay with the property to prevent a future charge against the new owner of violating a zoning regulation. However, if the variance hasn’t been acted on, there’s no guarantee that a new homeowner will be granted the same variance.For example, if a homeowner successfully seeks a variance for a project but then decides to sell the property before acting on the variance that was granted, the new homeowner can’t rely on the previous owner’s variance. They may be subject to a charge of violating zoning ordinances if they complete the work that was dependent on the previous owner’s approved variance. However, if the variance holder makes the change to the property, the variance has vested, and that variance will run with the property to all the subsequent owners.

If I get the variance, am I obligated to make the change?

No, unless you want to make sure it’s vested with the property. Getting a variance in no way obligates you to make the change you requested, it just means you are allowed to if you want to.For example, let’s say your family is growing and you decide you want to add an addition to your home. During the planning phase you realize that to do the work you want done, you’re going to need a variance to the setback zoning rule. You go through the process outlined above and your variance gets approved.Now that you have the green light from the city to build your addition the way you want it, you start the process of getting approved for financing the project. Unfortunately, the financing falls through and you’re stuck with a variance that you can’t afford to use. While it is disappointing that you cannot go through with your plan, the silver lining here is that there’s no penalty for not exercising the variance.

Does a variance expire?

While you aren’t obligated to make the changes you ask for when you receive a variance, the amount of time you have the option to do them may vary. Essentially, when your variance gets approved, there may or may not be an expiration date. This requires the change you’ve been granted to be made within a year or some other specified time period.The reason variances often have an expiration date is simply that zoning decisions are time sensitive and apply to the current state of the area indicated. After all, a land use that’s acceptable in a community one year might not be in the next. That said, remember that once a variance is vested it remains, even if the zoning preferences and laws of the community change over time. To avoid letting your variance expire, make sure you’re ready – from both financial and emotional perspectives – to undertake the project before you ask for permission to get things going.

Variance In Real Estate: A Complete Guide