Legal Question in Construction Law in New Jersey

If I am a Modular House Builder in the state of NJ and I am interested in delivering and setting a modular house in NJ. Can a local municipality deny me the right to "build" a house in that town if ALL of the State/Local codes are adhered to? Could they set specific rules (that only apply to modular builders) that make it harder for me to "build" a house than a "stick home builder"? These rules/laws would grossly restrict ( costs$$) my trade in that municipality over and above what would be necessary. Thank you for your expertise.

Asked on 2/22/14, 5:33 pm

3 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

A modular House needs to meet the same BOCA building code as stick built houses. You definitely need a lawyer to represent you with this.

Good luck!

Ron Cappuccio

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Answered on 2/22/14, 9:50 pm
John Corbett Corbett Law Firm LLC

I can't be made into a Code issue. There is case law in NJ confirming that the towns do not have authority to add requirements to the Code. However, you may be confronted with zoning issues that are challenging.

I handle matters of this type. If I can be of further help to you, call or email.

See also:

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Answered on 2/23/14, 9:22 pm
Robert Davies The Davies Law Firm, P.A.

I agree with Attorney John Corbett, the town can not add to the building code BUT they can cause you other problems. you need a lawyer.

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Answered on 2/24/14, 7:01 am

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