Non-conforming use
A property use that was legal when it started but no longer meets current zoning. It's usually allowed to continue, but with limits on rebuilding or expanding.
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Free to set up. No credit card.Part 1 of 4
Why a seller cares
A grandfathered use, a duplex in a single-family zone or a shop on a residential street, is allowed to continue but not always to expand or rebuild. Buyers and their lenders ask whether the use survives a fire or a sale.
Part 2 of 4
A simple example
Your home has been a legal two-unit since 1961 in a zone that now allows one. A buyer asks whether they could rebuild both units after a fire.
| The question | Where the answer lives |
|---|---|
| Can the use continue after a sale? | Usually yes; the zoning office confirms in writing |
| Can it be rebuilt after a loss? | Depends on the ordinance; some cut it off above a percentage of damage |
| Can it expand? | Usually no without a variance |
Non-conforming means allowed as-is. As-is is the limit.
Part 3 of 4
What people get wrong
That grandfathered means permanent. Many ordinances end the use if it stops for a year or the building is mostly destroyed.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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