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Construction Resources Fast Facts, Last Updated:09/06/2010 A building must adhere to zoning and building code requirements.
Constructing a building that fails to adhere to building codes will
not result in a benefit to the property owner, if it cannot be used
due to fire code violations. Some legal requirements come from
malum in se
considerations, or the desire to prevent things that are
indisputably bad - bridge collapses or explosions. Other legal
requirements come from malum prohibitum considerations, or things
that are a matter of custom or expectation, such as isolating
businesses to a business district and residences to a residential
district. An attorney may seek changes or exemptions in the law
governing the land where the building will be built, either by
arguing that a rule is inapplicable (the bridge design won't
collapse), or that the custom is no longer needed (acceptance of
live-work spaces has grown in the community). |
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