📄 What Is a Variance in Real Estate?

A Variance in real estate is a special permission granted by a local zoning authority that allows a property owner to deviate from current zoning rules. A variance does not change the zoning itself—it simply provides a one-time exception for a specific property when strict enforcement of the rules would cause hardship.

How a Variance Works

Property owners apply for a variance when they want to build or modify something that does not fully comply with the existing zoning rules. The zoning board reviews the request, considers potential neighborhood impact, and decides whether to approve the exception.

There are two main types of variances:

  • Area Variance — allows exceptions to physical requirements such as setbacks, building height, lot size, or placement.
  • Use Variance — permits a land use normally prohibited in that zone (e.g., running a business in a residential zone).

Typical reasons a variance is requested:

  • Odd-shaped or undersized lot.
  • Topographical challenges (slopes, rocks, water features).
  • Need for a slightly taller or wider structure.
  • Desire to add an accessory dwelling unit (ADU).
  • Expanding or modifying an existing building.

Variances usually require a public hearing and proof that the request will not negatively affect the neighborhood.

Why Variances Matter

For Homeowners:

  • Allows flexibility when building additions, garages, ADUs, porches, or other improvements.
  • Helps owners make better use of unusual or constrained lots.
  • Prevents denial of reasonable property use due to rigid zoning.

For Buyers:

  • Determines whether planned improvements are feasible.
  • Helps avoid surprises when converting spaces (e.g., garage to bedroom).
  • A variance may be transferable to new owners depending on the jurisdiction.

For Investors & Developers:

  • Can improve project profitability by increasing allowable size or density.
  • Useful for land development, ADUs, small multifamily, and infill projects.
  • Potential value lift if variance enables a more desirable use.

Example of a Variance

Common real-world examples include:

  • A homeowner requests an area variance to build a garage 3 feet closer to the property line than zoning allows.
  • A property owner seeks a use variance to operate a small office in a residential zone.
  • A developer asks for a height variance to build a multi-story structure slightly taller than permitted.
  • An owner of a narrow lot needs a setback variance to construct a home that fits legally.

These illustrate how variances offer flexibility when strict zoning compliance would be unreasonable.

Why Variances Matter for FSBO Sellers

Sellers listing their home without an agent should understand variances when marketing property features or potential improvements.

  • Buyers may ask whether future additions (ADUs, garages, expansions) are allowed.
  • A granted variance can increase appeal or value.
  • Disclosing known variances helps prevent disputes after closing.
  • Important when selling unusual lots where standard zoning limits building options.
  • Useful when listing land or fixer-uppers via Flat Fee MLS.

Related Real Estate Concepts

🔗 Related Resources for Buyers & Sellers

Frequently Asked Questions

Is a variance permanent?
Most variances “run with the land,” meaning they remain valid for future owners unless conditions are violated.

How long does it take to get a variance?
Typically 1–3 months, depending on your local zoning board and hearing schedule.

Is a variance the same as rezoning?
No. A variance is a one-time exception. Rezoning permanently changes how the land can be used.

Can a variance be denied?
Yes. Variances are denied if they harm neighboring properties or violate the community’s development plan.