When is a House Not a Home?

According to the City Planner contracted to represent the City of Biggs a house is not a home when it is not permitted as a ‘livable unit’. Here’s how we found this out and what it means…

I am representing a buyer for a home in Biggs. The seller of the home represented the compact studio in the back as having the potential to be considered a rentable unit. It has all of the amenities someone would need to live a simple life: a sink, washer dryer, shower, microwave, heat and AC, a bed, a chair and a dining table – all within about 200 sq. ft.!

When my buyer began getting serious about making an offer he naturally had questions about this small unit in the back. Although his plans are to use it as a recording studio and maybe a room for out-of-area guests to sleep-over he nevertheless wanted to know the legality of these uses and the potential for it to be an income-producing rental at some point in the future. The more questions we asked the more varied the answers we got in return. As it turns out the seller had NO permits for any of the work done on this unit and had made NO provisions for converting it into a livable, rentable unit.

The best course of action when faced with these sort of questions is to go to the source, and that’s just what we did. Scott Friend works for a consulting firm in Chico that contracts it planning services to small municipalities that can’t afford a full time Planner. We met Mr. Friend in his Chico office and he provided us with clear, succinct answers to our queries.

Q “What can we use this building for?”
A “Almost anything except living in”.
Q “And what does ‘living in’ mean?”
A “Technically any occupancy exceeding 14 days.”
Q “Can it be used as a recording studio?”
A “Absolutely.”
Q “Can it be used for over-night guests?”
A “Certainly, up to 14 days.”
Q “Under what conditions might it be permitted as a livable or rentable unit ?”
A. “In it’s current configuration only by a variance issued by the City of Biggs and that’s not likely. Absent a variance you’d need to go through the permit process, move it farther from the property boundary or modify the property line, disconnect utility connections from the main house and have utilities connected independent of the main house.”
Q “Can I as the new owner ever be penalized or forced to tear down the building because of modifications that were made to the building without a permit prior to my
ownership ?”
A “No.”

So…when is a house not a home?…ANSWER when it is a recording studio!