Buying a commercial building or a piece of land to develop in Melbourne, Florida, can raise a host of legal issues since both state laws and local ordinances can affect the purchase of a property and its use. A Melbourne commercial real estate lawyer can provide guidance that might help you avoid costly mistakes. If you need legal advice or representation for a commercial real estate transaction, contact Bogin, Munns & Munns at (321) 254-3939 to talk to a member of our staff about how we may be able to assist you.
Professional Guidance To Help You Choose an Appropriate Property
Due diligence is important in commercial real estate transactions since each building or parcel of land is unique, and since, in many cases, both state and local laws apply. A Melbourne commercial real estate lawyer can work on your behalf and help you understand relevant laws and legal issues that might arise with respect to a property you are thinking about buying.
The City of Melbourne has passed ordinances that are designed to protect the local environment and public health and safety. The Melbourne Code of Ordinances (MCO) Chapter 50-Stormwater Management restricts the drainage of land for development because uncontrolled drainage and land development can adversely affect people’s health, safety, and welfare.
If you are considering purchasing a parcel of land that would need to be drained to construct a commercial building, it is important to understand how Melbourne’s ordinances could affect the project. Depending on the characteristics of the piece of land in question, you might not be able to carry out the work in the way you have envisioned. That means you might have to change your plans to comply with local laws, which could increase the overall cost of the development project, or you might decide to choose a different, more suitable property.
The Melbourne Downtown Community Redevelopment Agency has set guidelines regarding the appearance of businesses, including improvements to storefronts and architectural renovations, in an effort to revitalize the city’s urban core. It will require a certificate of architectural appropriateness before a permit for work will be issued.
The rules aim to improve retailing, business, and community activities, as well as the area’s aesthetics and economic conditions. They also protect the public’s health, safety, and welfare and promote beautification and redevelopment in that part of the city.
If you are thinking about purchasing a commercial building in downtown Melbourne, it is important to understand the local rules and restrictions and to make sure that you comply with them. If you want to renovate a building, but your plans conflict with city ordinances, you may have to change the scope or details of your project or look for a building in a different location. A Melbourne commercial real estate lawyer can discuss whether your goals and plans are compatible with local regulations so you can choose a suitable property for your business.
If you have questions about how state and local laws could affect the purchase or development of a property in Melbourne, call Bogin, Munns & Munns at (321) 254-3939 to speak with a member of our team. Our firm has 13 offices located across Central Florida. You can speak to a member of our legal team today.
Legal Advice on Health and Safety Issues
The City of Melbourne has passed a series of ordinances designed to protect the health and safety of both building occupants and the general public. The local government has enacted measures related to fire prevention and protection, per MCO Chapter 28-Fire Prevention and Protection, that include a plan review process, safety inspections, and restrictions on open fires, incinerators, commercial fireplaces, and fireworks. The city prohibits attractive nuisances or features of a property that might be attractive to children, but that could also put them in danger.
MCO Chapter 48-Waste mandate requires the removal of waste regularly and unauthorized accumulation of refuse is considered a nuisance. Owners and occupants are required to keep their properties clean and free of litter.
Under MCO Chapter 32-Health and Sanitation controls other conditions that could be hazardous to residents’ health or could cause a nuisance. Residents and property owners are required to control the growth of plants and weeds to prevent mosquito breeding and vermin infestation. MCO Chapter 26-Environment limits other potentially harmful environmental conditions, including noise levels, air pollution, odors, light, electromagnetic radiation, heat, and humidity.
If you are planning to purchase or construct a commercial building in Melbourne, you should consider local ordinances related to fire safety, trash removal, noise, health, and safety. Failing to comply with those regulations could lead to project delays and/or financial penalties. The City Manager has the authority to investigate health and sanitation nuisances and hazards and to order abatements if there is a risk to the health and safety of the building’s occupants.
Seek Legal Representation for a Commercial Real Estate Endeavor
Bogin, Munns & Munns represents builders, developers, contractors, lenders, title insurance companies, landlords, and tenants in virtually all types of real estate transactions. Our team can assist with closing, real estate brokerage services, and legal advice and representation for matters related to land use and zoning.
If you are thinking about purchasing a commercial property or buying land to construct a commercial building, it is important to understand how both state and local real estate laws could affect your plans. Failing to take legal rules and restrictions into account when making plans could hinder your project and subject you to fines.
A Melbourne commercial real estate lawyer at Bogin, Munns & Munns can help you understand which state laws and local ordinances would apply to the building or property you are considering and provide guidance to help you comply with all legal requirements. Call us at (321) 254-3939 to learn how our team may be able to assist you.