April 26, 2018

Can a certificate of compliance be issued for illegal parcels?

On occasion, we find that parcels have been created after March 4, 1972, in violation of the Subdivision Map Act and local ordinance. In such instances, Certificates of Compliance can still be issued; however they are called CONDITIONAL CERTIFICATES OF COMPLIANCE. Conditions are imposed that require certain improvements or dedications be made or certain zoning approvals obtained. Building permits cannot be issued for parcels that have a Conditional Certificate of Compliance unless all of the conditions have been satisfied. A Conditional Certificate of Compliance is viewed the same as a Certificate of Compliance in regard to the ability to obtain title insurance and sale of the property.

The conditions imposed upon a Conditional Certificate of Compliance may vary. If the land is still owned by the person(s) who created the violation, then the conditions will reflect the requirements of today’s subdivision regulations. However, if the property has been sold, where the person creating the violation no longer owns the property, then conditions are imposed that reflect the subdivision requirements at the time the violation occurred.