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What is illegal?
Most of the homes that I sell are old, and I live in an old house. Some of the buyers who make offers on my clients listings don't know much about old houses and I guess when I bought mine I didn't know all that much either.
The agents and buyers that don't know much about old houses like to say that there are things in the home that are illegal, when referring to items that do not meet current building codes. Yup the house police are going to come and get me one of these days, as according to what I have heard my house is illegal.
When I here the word "illegal" as it pertains to homes that have areas where they are not up to current code, I try to explain what that really means. Building codes change every year. The rules for what is up to code changes, and building codes vary from one area to another, even in the Twin Cities metro area.
There are no special police who come by and slap a fine or a ticket on someone because their home is not up to 2008 building code. In St. Paul, sellers are required to have a truth in housing inspection and the inspectors do find code violations. Items that do not meet today's building code are listed and neither the buyer or the seller are required to bring them up to code. In West St. Paul there is not truth in housing inspection and buyers do not know if the home they are looking at complies with local building codes.
There is no need for alarm, most of us live quite comfortably, happily and safety in homes that do not meet current building codes for the city of St. Paul.
Do not be overly alarmed when looking at a truth in housing inspection if items are listed as not meeting code. Focus on safety hazards and address them if possible. It is alright to own and live in a home that does not meet current codes, it is not illegal and their are no code police going around issuing citations. It not illegal to buy or sell a home that is not up to current code either.
When looking to purchase an older home also look for a Realtor, and a good inspector who understands them.
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For example, the railing around my stairs is 32" tall, and code calls for (I think) 36". Does this mean I have to rip out a 150 year old solid walnut railing? Let's just say they can take it away when they pry it from my cold dead fingers. But they won't. It stayed through the purchase and the city-sponsored purchase and renovation loan, despite being out of code. No one would make anyone tear out something like that.
wow Erik I had no idea you were such a scoff law. :)
When we renovated a one hundred year old Queen Anne in the South a few years back, we needed to rebuild the front wrap around porch. The original railings were knee height, but city code required new heights that were waist high. We had to get a variance by arguing with the city for a month and show them how the historic character would be compromised if we had to comply with the new code. Thankfully we had the backing of the historic district and architectural review board and we were able to keep the railing knee high. But I know some home owners in the neighborhood gave in and didn't want the hassle of getting a variance...so their homes just don't look quite right with the new railings.