If you are involved in the business of building, buying or selling commercial properties or land zoned for such use, it’s critical that you stay updated on all building codes and zoning laws that are in effect in your area. Such laws often change and can be complex, which is why it’s best to seek experienced guidance if you’re unsure about a specific issue, rather than forge ahead with your plans only to encounter legal challenges down the line.
There are five zoning dispute issues you’ll want to avoid as a commercial real estate investor. Sometimes, more than one of these issues may be relevant in the same transaction. Careful review of a zoning report helps ensure compliance before signing on the dotted line in a commercial real estate sale.
Zoning dispute issues that can delay or prevent a successful real estate deal
While the following list is not extensive, it provides a basic overview of some of the most common types of zoning dispute issues that can throw a wrench into your commercial real estate plans:
- The proximity of a commercial parking lot to residential property
- Obstructed views or safety hazards associated with building height
- Size and placement of commercial signage
- Building location affecting ventilation, aesthetics or sunlight of surrounding residential properties
- Commercial property emitting noise, light, odors or health hazards that threaten public peace and safety
The city government may become involved if these zoning dispute issues arise. It is always best to do due diligence ahead of time to avoid such issues and to have a clear idea of the codes, laws and regulations that are relevant to your prospective commercial real estate deal.
How to resolve zoning issues that are threatening a project’s completion
Some zoning dispute issues are easier to resolve than others. If you are a commercial real estate investor in Georgia, you will want to have a strong support network in place to help gather information and provide guidance if an issue arises that you are unsure how to resolve on your own.
Understanding zoning laws is the key to protecting your rights and interests as a commercial real estate investor.
Additional legal issues come into play
When zoning issues arise that are causing delays in a commercial real estate transaction, other issues may be relevant, as well. Such issues include building contracts, purchase agreements, leases, licenses and more. The parties involved in a dispute may include property owners, developers and local Georgia government officials. Central focuses of such disputes often include topics such as land use, development proposals and building codes. Having someone well-versed in current zoning laws on your side increases your chances of achieving a positive outcome during dispute resolution proceedings.