What is a Variance in Real Estate and How Do I Get One?

To answer the question, “What is a variance in real estate?” you must first understand zoning. Like all rights, private property rights have limitations and come with responsibilities. While homeowners have vastly more leeway than renters in terms of modifying their properties, counties and cities have laws in place regulating what can and can’t be done with properties. Such laws are known as zoning laws.

Although it’s not something homeowners have to think about on a daily basis, zoning can become relevant if there are changes you want to make to your yard or house. If the desired changes conflict with zoning laws, you can apply for a variance, which, if approved, could allow the plans to move forward.

Think of a variance like an override or exception to a law. As laws get passed for a reason, there also must be a good reason for an exception to a rule. In the case of private property, zoning laws generally have to balance the rights of individual property owners with the rights of neighbors and the common good of the community at large.