# How to legally build guest house with fewest regulations?



## redgate (Sep 18, 2008)

We live in central IL. We have a 25 acre homestead, and want to build a guest house. Legally, and if I recall the numbers correctly, we can build up to 20,000 additional sq. ft. worth of any type of buildings (basically the rule in our area is 5,000 sq. foot including 1 full-time residence per 5 acres). 

We live in a fairly easy-going, unpopulated county, and so far, the officials have been very easy to work with. On paper, we are supposed to have a permit for nearly every stucture--to include retaining walls and portable chicken coops. In reality, however, they do not enforce it, and have told us "as long as the neighbors don't complain, we don't care!" I even went in to purchase the permits for a few structures when we found out, and they wouldn't sell them to me (you can imagine my shock!) because, in their words, "aack, folks all over the county build these things without a permit, so we can't really require you to pay for one! Just do it right and don't let us get complaints about it!" There are no regulations in our area for tree houses, and outhouses, amazingly enough, are legal. All that changes for actual living units such as homes and apartments. 

So, that leads to my next question. We are wanting to build a little cabin (or 2 or 3--haven't decided yet), like 200-400 sq. ft. It will be located deep in our woods, in a private ravine with a creek bed (we don't have to worry about the water rights and such here, and because it is seasonal, it is not protected). Ideally, the cabin will be built from ungraded hardwood lumber from our own woodlands and lumber mill, totally off-grid, with a rain-collection system, a composting toilet, and very basic amenities. We may or may not add wind/solar in the future. Depending on the guest, we will offer our camp stove (most guests will eat with us), propane lanterns, etc. Otherwise, it's flashlights and candlelight. The cabin(s) will be simple otherwise, with bunkbeds, futon, maybe a queen bed or fold out beds, some shelves, etc. For summer, we will add an outdoor shower. For winter, we hope to have a small wood-burning stove. At this point, we are thinking pole-barn style just keep it simple.

For those of you that have gone through the process, what would be easiest, cheapest route to take in regards to legal and building requirements? Is there a way to take advantage of any of the no-permit/inspection issues listed above (like making it a tree-house). If it were as simple as a permit, I wouldn't mind. My fear is getting into ridiculous requirements we have heard about in other states (like requiring wall electrical outlets, even though the house had no electricity). Are there ways to carefully word our questions to find out the requirements, without getting on the inspectors bad side? Everyone knows everyone in this town, so we want to keep the peace, but it sure would be nice just to build an inexpensive, cozy place for our guests and occasionally farm helpers. 

Thanks in advance!


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## Dixie Bee Acres (Jul 22, 2013)

Can you build a shed without a permit?
If its not a permanent structure (no foundation) with no utilities, then it's a shed.


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## redgate (Sep 18, 2008)

That's what we are wondering. A shed on skids does not require any type of inspections or anything. Possibly a permit, but that's dependent on who you talk to. But, if it is always furnished and used as a guest cabin, does that change anything legally? I'm not sure how that works.


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## Dixie Bee Acres (Jul 22, 2013)

That I don't know. Where I live there are no permits or inspections for anything other than septic systems.


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## Solar Geek (Mar 14, 2014)

Just something to consider.

You will need to find and comply with the local laws and state laws (if any) that govern your guest quarters before and after they are built, as your home owner's insurance will not cover any unpermitted structures nor cover damage to them or to people visiting and using them as guest quarters. Doesn't really matter what any local government person says about 'enforcement'. What will matter is if someone gets hurt, by accident burns the place down, etc. 

Not trying to be a Debbie Downer but IL is nuts on following all insurance rules before paying for any claim.


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## redgate (Sep 18, 2008)

Good to know. In fact, while reading through law last night, just to complicate things, our county laws specifically state in one document that "the duty of the zoning commissioner is to interpret the laws regarding permitting of structures" (slightly paraphrased), whereas another document we found states "It is the responsibility of the homeowner to properly permit all structures, regardless of how the zoning commissioner interprets the law." I hate laws!! They make everything so difficult! How am I supposed to permit a structure that the law says is required, but I walk in to the office, and they won't sell me a permit because they "aren't worried about it" ? AAAGH! So frustrating. :hair


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## Solar Geek (Mar 14, 2014)

redgate said:


> Good to know. In fact, while reading through law last night, just to complicate things, our county laws specifically state in one document that "the duty of the zoning commissioner is to interpret the laws regarding permitting of structures" (slightly paraphrased), whereas another document we found states "It is the responsibility of the homeowner to properly permit all structures, regardless of how the zoning commissioner interprets the law." I hate laws!! They make everything so difficult! How am I supposed to permit a structure that the law says is required, but I walk in to the office, and they won't sell me a permit because they "aren't worried about it" ? AAAGH! So frustrating. :hair



WI has similar wording. Often (and for us) it is solved as follows:

You submit a request for clarification of zoning requirements and permission to build the structure according to your plans (which you submit with the requests). Ask for all responses in writing. 

We received a 2 page, single-spaced letter and detailed drawing attached from the zoning commissioner stating what each portion of our 2 adjoining parcels were currently zoned for, and what we would be allowed to build. ON the drawing, they cross-hatched where we could build or where we would have to petition to have zoning changed if we wanted to build there. 

Good luck


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## farminghandyman (Mar 4, 2005)

a RV or a camping trailer,


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## TnAndy (Sep 15, 2005)

Hmmm....you're asking for fairly specific legal advice from non-lawyers (or even if they are, probably not licensed to practice in your State) on an internet forum......and actually expect to get some ?

ahahahaaaaaaaaaaaaaaaaa........


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## redgate (Sep 18, 2008)

No, not legal advice. Just ideas, thoughts from folks who've BTDT, suggestions on the best people to contact in our local offices, specific questions to ask, etc.


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## Dixie Bee Acres (Jul 22, 2013)

I still say, just do it, build whatever you want, call insurance company to tell them what you have built. Have it added to your policy, and be done with it.


Ah, how much simpler it is living in an area with no permits, no inspections, no worries.


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## vpapai (Nov 18, 2010)

Really depends on usage, liabiltiy concerns, and local requirements. Sounds like you may be letting non relatives use the intended facilities. If so, you are opening up a huge can of worms insofar as liability is concerned. If the structure is not permitted and has problems where someone is injured, kiss your property goodbye. If for personal or close family use you could possibly minimize your exposure, but I would definitely have a very intense talk with my insurance agent to protect myself.

If you charge anything of value for the use of the building, you are looking at a huge liability.


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## Tyler520 (Aug 12, 2011)

For one example, I know that any place that is designated as a "bedroom" must have a window for emergency egress. So be careful how you word spaces.

Others have already mentioned this, but some of your biggest issues will be permanent structure (foundations, etc.), along with electrical, plumbing and mechanical work. One idea would be make everything non-permanent: use propane, portable heating/cooling systems, solar panels, etc.

Look into local mobile home regulations.

slightly related: I've always been a big fan of the work of architect, Tom Kundig, who designed these beautiful rolling huts:


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## MichaelZ (May 21, 2013)

Put it up on wheels - then it is an RV. But still check all your local laws first before you begin. See https://www.google.com/search?q=tin...la:en-US:official&client=firefox-a&channel=sb


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## Muleman (Nov 8, 2013)

The biggest concern here is going to be liability if it were me. You have to be honest about your intentions. A separate place for occasional visitors and family or a place you wish to develop into some kind of get away for paying guest that will provide you some income. These are two totally different situations which will have very different amounts of liability. Any time you take money or a payment you are now providing a service and fall under a different category as far a liability is concerned. I can give you all the free meat I want, as soon as I start to charge you now I am labial if you eat it and die. 

You also have to look at dealing with zoning issues and government folks like a used car salesman. You are not lying, just maybe not giving all the details, which they did not specifically ask for. Will someone be living in the structure?? No, they will not be living in it, just a place for an occasional overnight stay. Is this a permanent structure. No, it does not have an anchored foundation and I used screws to put it together so it can be taken apart, or I built it in sections in my shop so it can be taken apart and moved as needed. This is a mobile building which I intend to move to different parts of the property seasonally. If you never get to it and it ends up in one place, well, everyone has To Do list they just do not get to?? 

I know people have jobs and roots in communities and hate to leave, but I simply can not understand living in places with such laws. I am so glad I live in a place where I can build whatever my little head thinks up, with no permits or zoning requirements. Want to live in a hole int he ground, start digging, want to live in a house 50' up on legs, start nailing sticks together! 

As mentioned before we still have to be concerned about liability as most liability issues are not state specific, but many are federal laws (not all, but most) If I build my house on legs and my neighbor falls from the rope ladder, I will be responsible. If I charged him to stay in it as a form of income for me, now I can be in real trouble!!! Even if I told him he was too ---- old to climb up there. I have had someone hurt before on my property and my insurance took care of it, even though it was negligence on their part. Allowing someone on your property carries a certain amount of risk, inviting them on carries a bit more and charging them to come on even more yet. Choose carefully who you open the front gate for, and weather you even should open it at all. if you are looking at additional income sources I would look at ones that does not include inviting people to stay on your property if at all possible.


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## redgate (Sep 18, 2008)

That's basically along the lines we are thinking right now. Tell them what they need to know to keep us legal, but no more. 

If we ever have to move, it will be to a place with fewer regs. We bought this place 12 years ago, when we had a whole different plan for our life. God put us on a different path, though, and our goals are very different than what they were. It is highly possible we will have to move on someday, but this is a great place to start out.


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## tarbe (Apr 7, 2007)

Threads like this make me really thankful to have land in Ozark County, MO.

Best of luck to you finding that sweet spot between the maze of regs and the things you want to do.


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## mekasmom (Jan 19, 2010)

Could you get one of those free-standing "sheds" that the Amish sell for a thousand dollars or so and just make it into a guest house. They come in small sizes like 8x10 all the way up to 14x20 or so. The cost is minimal, and many people make them into "guest house" type stand alones.


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## redgate (Sep 18, 2008)

I think we are leaning towards that concept at this point. Only we'll build instead of buy. When hubby has a lumber mill, he has to build everything to justify it ;-)


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## Danaus29 (Sep 12, 2005)

Do you want to have electric supply to this cabin? What about toilet facilities? Are you going to build outhouses near these cabins?

I could deal with an outhouse, even in the winter. But hanging it all out in the dead of night behind a bush? NO!!!


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## redgate (Sep 18, 2008)

I'm hoping to avoid the electricity and keep it primitive. It kinda goes with the theme of our farm. It will be a modified "outhouse", such that it is a composting toilet (55-gallon barrel variety), but it will be a bathroom "closet" in the back corner of the house. No need to go outside in frigid weather ;-)


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## Danaus29 (Sep 12, 2005)

That's a better idea. Why go outside when you don't have to?


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