Meridian, ID asked in Real Estate Law and Land Use & Zoning for Idaho

Q: I want to sell my home. I have a shop that exceeds local city size by 5ft in leng. can I sell without a permit for shop?

no leans on home and HOA approves of the shed and was built not knowing city requirements. it's only 5 ft longer and has existed for about 5 years with no issues in the backyard. Was built with boundary guidelines i.e. clearances from home and property line are fine. no plumming only has electrical passed by city inspector. I wanted to ensure I can sell without issues, or at least know my options if I have to fix.

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: You can always sell your home, to anyone you want to sell to. . . as long as the fact that your shop is not within the CC&R guidelines, or city "set back, boundary" restrictions. This would be a BAD fact to omit if you are selling your home. Because, whether you have the City coming after you to tear the structure down or not, you seem to be very aware of a zoning or other ordinance that you built in violation of, and ignorance would be no justification if the City came after you to either move it or tear it down. So, sell away, but be SURE to disclose this fact to any potential buyer. That way, you won't compound the mistake you made when you built it.

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