Zoning and Construction without proper permits

[Melissa MacKay]

I recently purchased a rental property in Norfolk VA that was advertised as a Duplex with a bonus apartment over the garage. My son was going to live over the garage while attending college and would be an owner occupant. The garage apartment was added in the 1970's and had (I'm told) been tenanted since. It did not however have its own electric meter and when I applied for a permit to get one, I was informed that the property was in violation of the city's zoning code. It was only zoned to be a duplex, not a triplex and I was given a month to make the garage apartment go away.

Further research revealed that I could perhaps have the apartment waivered or "grandfathered" if I could prove that it had a rental history.  I asked the sellers for this information and they originally said they would provide the leases and later told me that there were no leases (fear of liability I think).

I'm looking for ideas on what I should do.

Thanks, Melissa

[Patti Robertson]

The rule is that if is is non-conforming (doesn't meet current zoning guidelines), it is grandfathered as long as it remains occupied. If it is vacant for two years or more, you have to make it confirm with current zoning. VA is a buyer beware state. The seller was not responsible for disclosing. The buyer is responsible for doing due diligence BEFORE executing the contract. Here's the disclosure our sellers provide to buyers that addresses zoning. Read 7B.

This stinks, but by sharing your story at least other people can learn from your situation.