Monday, November 10, 2025
Q. We want to add a family room at the back of our house. Even though we have over 50 feet to work with to the back property line, we are being told that our garage is a problem because it’s too close to the side property line, and when we attach the family room, we’ll need to get a zoning variance. If we take the garage down we have to put up another garage, because our building department requires us to have a garage. Why is this a problem, and how can we get around it? Our contractor said he could “take care of it,” that the garage shouldn’t be a problem, but so far that hasn’t happened, and we think we have to change our plans or not do the job.
A. As I described last week, there’s a bigger picture than just the couple of issues you describe. State rules and regulation codes are intended to keep us all safe from fire, wind, floods and other hazardous conditions. The building code has overlapping fire- protection requirements. A structure built closer than 3 feet to a property line must have fire-rated materials, as an “assembly,” including wall or roof interior and exterior materials.
I often get questions from contractors calling to ask why I showed fire-rated sheetrock on only the side walls and roofs of a garage facing a property line, with a specific fastening pattern and insulation, especially when the garage won’t be heated. They ask this because nobody requires them to know the building codes, even though most consumers are under the false impression that all contractors are well-versed in building codes. One such conversation, when a contractor called, led to 20 minutes of argument, because the contractor was repeating, “I’ve never had to do this, this is overkill, nobody does this, I’m not doing this…” I could only answer that it was required in the codes, and there wouldn’t have been a permit if the plans didn’t show this, and the owner needed to know if the construction wouldn’t pass inspection, leaving the owner with a possible violation and greater expense to fix incorrect work.
One of the reasons for this friction is because in the past, most garages were approved without these requirements. Regulations were not uniformly enforced, leaving contractors with the impression that these regulations were just for some but not for all. Although things may be changing, contractors, generally, aren’t held to a level of responsibility that would require them to sign documents for their work to show that they followed the law and that they are part of the safety process. In some departments, this is changing as building departments begin to recognize that everyone involved in a construction project, including the ones who construct, are part of the safety team. “Taking care of it” sounds illegal, with you, the owner left holding the bag. Good luck!
© 2025 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.
