Building, permits and setbacks0 answersAI answer
The survey for my refinance shows the house is inside the side setback. It has been like that for 30 years.
Asked October 25, 2026
AI answer · not yet verified by a surveyor
It may not be an urgent problem, but it's worth understanding.
- Legal nonconforming: many codes allow buildings that met the rules when they were built, or that existed before the rule, to stay. Major changes may then require meeting current rules.
- Title and lender questions: a setback violation may be noted as an exception on title insurance. Some lenders ask for proof that it's legally nonconforming.
- HOA rules may have their own setbacks.
What to do:
- Ask the surveyor to confirm the measurement and note it on the survey.
- Ask the zoning office whether the house is legally nonconforming, and whether they'll issue a letter saying so.
- Talk with your title company or attorney if a sale or refinance depends on it [2].
If the house actually crosses the line, that's an encroachment, which is a different issue [1].
General information only. Answers here are not a survey or legal advice, and no one here can tell you where your boundary is. For your property, hire a licensed land surveyor in your state; for legal questions, a real-estate attorney.