When a developer requires homes in a subdivision to adhere to specific square footage limitations, what legal method can this be enforced?

When a developer imposes square footage limitations on homes within a subdivision, these specifications can be legally enforced through private deed restrictions. Deed restrictions, sometimes known as restrictive covenants, are clauses that are placed in the property’s deed that dictate what can or cannot be done with the property.

When a developer sets forth these restrictions, they are establishing rules that all homeowners in the subdivision must follow. This creates a uniformity in the community, as all homes will adhere to the same size requirements, contributing to the overall aesthetic and property values of the area.

Private deed restrictions are enforceable by individual property owners and often remain in effect as long as the property is used for the purposes outlined in the restrictions. In contrast, government zoning regulations typically govern land use at a broader level and may not specifically dictate square footage for individual homes. Community building codes focus on safety and structural requirements rather than aesthetic or community standards, and city building permits are more administrative processes that grant permission to build, rather than create ongoing restrictions on property use. Thus, the most direct and effective way to enforce specific limitations on home sizes in this context is through private deed restrictions.