What Is Grandfathered Use in NH Real Estate?

🏡 What Is Grandfathered Use in NH Real Estate?

In towns like Plymouth, Campton, Thornton, Rumney, Ashland, and many areas across Central NH, you’ll often hear the term “grandfathered” when talking about older homes, additions, or land uses.

Grandfathered use refers to property features or uses that were legal when created — but may not meet today’s zoning or building regulations.

Because they were established before the rules changed, they are allowed to remain.

Here’s what NH buyers should know before closing.

⭐ What Does “Grandfathered” Mean?

A property feature is considered grandfathered when:

✔ It was legal at the time it was built or established

✔ New zoning or building codes were passed later

✔ The feature is still allowed to remain under its original rules

Grandfathering protects older improvements from being forced to meet new standards — as long as the use continues.

⭐ Common Grandfathered Features in NH

In New Hampshire, grandfathered items may include:

✔ Older septic systems that don’t meet current sizing rules

✔ Setback violations (sheds, garages, or decks built too close to the line)

✔ Nonconforming lots that are smaller than today’s minimum lot size

✔ ADUs or apartments built before modern regulations

✔ Driveways or access roads that don’t meet today’s standards

✔ Commercial use in a now-residential zone

✔ Waterfront structures that violate current setback rules

✔ Wells or utilities placed in locations no longer permitted

These remain legal as long as the use doesn’t significantly change.

⭐ Can Grandfathered Features Be Expanded?

Sometimes — but not always.

In many NH towns:

⚠️ You cannot expand a grandfathered structure closer to a setback

⚠️ You cannot enlarge a nonconforming use without approval

⚠️ You may need a variance to remodel, expand, or move the structure

Every town handles grandfathering differently, so buyers should confirm with the local zoning office.

⭐ When Grandfathered Status Can Be Lost

A property may lose its grandfathered rights if:

⚠️ The use is discontinued for a period of time

⚠️ The structure is destroyed or significantly altered

⚠️ The use changes from the original purpose

⚠️ Renovations exceed certain limits without approvals

Once lost, the property must comply with current codes — sometimes a major expense.

⭐ Why Grandfathered Use Matters for NH Buyers

Understanding grandfathered features can help buyers avoid:

⚠️ Unexpected renovation costs

⚠️ Being forced to relocate or rebuild structures

⚠️ Losing legal use of an ADU or apartment

⚠️ Issues with insurance or financing

⚠️ Zoning violations that delay resale

Always verify any claimed “grandfathering” with the town, as sellers sometimes assume an old feature is grandfathered even when it isn’t.

⭐ Keywords

nh grandfathered use, new hampshire zoning rules, plymouth nh nonconforming lot, campton nh zoning compliance, thornton nh setback requirements, rumney nh land use regulations

Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com