# Labeled as Townhouse But Only Two Units



## Mule (Oct 13, 2010)

I have a development that the developers have been constructing townhouses. There are around twenty buildings each with three to four residences within each building.

Now the same developer and there is only one lot left has submitted a plan with only two residences in one building. So by definition this is not a townhouse but a duplex.

There isn't a property line between the two structures however the developer is planning on selling off each side with the entire lot being common property between the two.

I'm confused......

Construct as duplex? Construct as single family zero lot line? Construct as townhouse so that it is two totally separate buildings?

I've been reading until I'm blue in the face and everything is running together in my mind!!!

Help!!!!!! What do you guys think???


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## Pcinspector1 (Oct 13, 2010)

Mule,

I agree with you that three units makes it a townhome, Might want to attack it through zoning, check if it's allowed in a multi-fam district. Developer may have to re-zone the lot?

pc1


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## mtlogcabin (Oct 13, 2010)

By code it is a duplex, selling each half and the entire lot under common ownership is a condo, Check with zoning and have the developer check with his realtor and bank becuase condo financing is harder to get in todays financial world


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## Mule (Oct 13, 2010)

Thanks for the comments. I've got the zoning administrator looking into this one.

Food for thought...the I-Codes do not recognize a condo as a building type.


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## Inspector 102 (Oct 13, 2010)

I would be careful during the inspection process and specifically list how it was inspected. I am guessing later they will try to come back and sell off a individual properties creating a real issue with separation requirements if not met the first time around.


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## pwood (Oct 13, 2010)

it is a duplex on one parcel. cannot sell units seperately. next:mrgreen:


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## mtlogcabin (Oct 13, 2010)

you can condo them


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## GHRoberts (Oct 13, 2010)

Having checked several sources: a townhouse appears to be 2 or more residences sharing walls with some type of land ownership.

If the 3 and 4 residence townhouses were compliant, I would let this go as townhouses.


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## rktect 1 (Oct 13, 2010)

The IRC defines it as 3 or more.


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## pyrguy (Oct 13, 2010)

I never liked the three or more definition of a townhouse. A townhouse shares one or more walls with its neighbors, is on its own lot, stands alone with its individual utility connections, and is sold individually. (There are more items in the IRC definition.)

A duplex is a two family dwelling that is one one lot, shares a wall with it's neighbor, both dwellings are owned by the same 'person', and the dwellings may share utility connections.

Two units can meet all of the definitions of a 'townhouse' except for the number.

Condo is a type of ownership not a type dwelling.


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## Robert Ellenberg (Oct 13, 2010)

Many terms in this thread are NOT in the building code.  IRC is one and two family dwellings--period.  Condo, townhouse, zero-lot-line, etc. are not building code terms.  They may be defined in your zoning regs. and that may come under your responsibility but they will be issues defining somewhere other than the uniform building codes.


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## brudgers (Oct 13, 2010)

mtlogcabin said:
			
		

> By code it is a duplex, selling each half and the entire lot under common ownership is a condo, Check with zoning and have the developer check with his realtor and bank becuase condo financing is harder to get in todays financial world


By code it is a two family dwelling.

Separate sale can still be done fee simple if each half owns the land beneath their property, the remaining land could be owned by the HOA.


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## brudgers (Oct 13, 2010)

Robert Ellenberg said:
			
		

> Condo, townhouse, zero-lot-line, etc. are not building code terms.


"Townhouse" is definitely in the Building Code.


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## vegas paul (Oct 14, 2010)

The manner of ownership is NOT addressed in the code(s).  That's why apartments and condos are treated identically.  Ownership is immaterial with regard to the building codes.


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## TJacobs (Oct 14, 2010)

We see duplexes here all the time.  None of them are designed or submitted as two-family dwellings.  They all have a lot split in two and two separate parcel numbers, two separate addresses, separate services, etc.  They have all been designed and submitted the same as a townhouse and have the same 2-hour shaft wall separation as a townhouse.  We have no problem accepting them as such.

I would like to see a real two-family dwelling submitted here...something different.


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## Builder Bob (Oct 14, 2010)

Remember, the codes are a minimum... if the designer wishes to over design, that is their call. However, you do not know what the developer has in mind for future plans.......i.e. sell off of individual lots, etc. in the future. Accept them as is, on CO note constructed as townhouse, and later events shouldn't come back to bite you if it was origonally permitted as a towmhouse....and the lots are sold off at a future date


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## Mule (Oct 14, 2010)

Builder Bob said:
			
		

> Remember, the codes are a minimum... if the designer wishes to over design, that is their call. However, you do not know what the developer has in mind for future plans.......i.e. sell off of individual lots, etc. in the future. Accept them as is, on CO note constructed as townhouse, and later events shouldn't come back to bite you if it was origonally permitted as a towmhouse....and the lots are sold off at a future date


That's my plan. I spoke with the developer. From what I understand he is going to replat the parcel into two separate lots with the lot line going right down the separation wall. There are other units that are actually townhomes in this development.


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## cboboggs (Oct 14, 2010)

Mule, I think the developer and you are on the right track. Treat it as two single family dwellings with a zero lot line between the two and be done with it.


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## pwood (Oct 14, 2010)

Mule said:
			
		

> That's my plan. I spoke with the developer. From what I understand he is going to replat the parcel into two separate lots with the lot line going right down the separation wall. There are other units that are actually townhomes in this development.


mule,

 sounds like a logical solution! what are the required setbacks for that zone?


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## Mule (Oct 14, 2010)

0 one side 10 feet other side....this will work!


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## Pcinspector1 (Oct 14, 2010)

I concur with rktect 1, IRC sez 3 or more = townhome

Mule does the city allow r-2 and r-3 in the same platted zone by the zoning code? Most do not and I have heard that some cities allow duplex (r-2) to be in r-1 zone side by side, lot by lot. Cities in this area do not like a single family next to a duplex then the next lot back to another single family if that makes sence.

pc1


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## Mule (Oct 14, 2010)

This is a planned development and the zoning administrator can approve this administratively....being that the only difference is two single family residences joined vs three or four.

This will not actually be a duplex even though it will look like one.


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## FredK (Oct 14, 2010)

Zero lot line homes is the way it's done here.


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## ewenme (Oct 14, 2010)

Until now, our City has not had a 'zero lot line' allowed in any residential zone. But that is changing. Our zoning code will allow 'twin homes' and lot line divisions based on zero lot line requirements, using the townhome requirements from the IRC.   Condo is not a code issue, townhome is. Townhomes qualify as 'single-family homes.'  So essentially, we'll have single-family townhome-like duplexes under the zoning code, and use the criteria from the IRC for the fire/life safety issues. Gotta do what works.


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## brudgers (Oct 15, 2010)

cboboggs said:
			
		

> Mule, I think the developer and you are on the right track. Treat it as two single family dwellings with a zero lot line between the two and be done with it.


Technically, doing so would require two independent one hour walls.

The townhouse provisions only apply to townhouses and that by definition requires three attached dwellings.

There is nothing in the code prohibiting a property line or lot line through the middle of a two family dwelling.

Just because some code official doesn't like it, doesn't mean it's wrong.


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## brudgers (Oct 15, 2010)

Mule said:
			
		

> This will not actually be a duplex even though it will look like one.


There is no such thing as "a duplex" in the building code.


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## Mule (Oct 15, 2010)

brudgers said:
			
		

> Technically, doing so would require two independent one hour walls.The townhouse provisions only apply to townhouses and that by definition requires three attached dwellings.
> 
> There is nothing in the code prohibiting a property line or lot line through the middle of a two family dwelling.
> 
> Just because some code official doesn't like it, doesn't mean it's wrong.


The plans show two independent one hour walls. Which will also require a bunch of inspections to verify compliance IF they want to sell as a townhouse.


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## mtlogcabin (Oct 15, 2010)

> Which will also require a bunch of inspections to verify compliance


Not really. 1 additional inspection per floor.  Have the contractor frame the walls and rock them before he stands them.


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## Yankee (Oct 15, 2010)

It's a two family dwelling (otherwise know as a duplex around here) and they can built it with the townhouse requirements if they wish. It matters not at all if it is sold as two "townhouse" units or not as real estate language and code language don't necessarily line up anyway.


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## cboboggs (Oct 15, 2010)

Good point yankee.

brudgers, it is not about like or dislike, some of us have to balance between zoning and building code. We have this exact situation here, and yes, they are built with two 1 hour walls and a lot line between the units.


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## brudgers (Oct 15, 2010)

Mule said:
			
		

> The plans show two independent one hour walls. Which will also require a bunch of inspections to verify compliance IF they want to sell as a townhouse.


What in the code requires a two family dwelling to have more than a one hour wall?


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## Pcinspector1 (Oct 15, 2010)

brudgers,

Would two walls side by side with drywall on one side of each units wall meet the requirement of a 1-hr wall for a duplex (2-units) not three (townhome) and then allow the lot to be split so to be sold separate. Your thoughts?

pc1


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## Yankee (Oct 15, 2010)

Pcinspector1 said:
			
		

> brudgers,Would two walls side by side with drywall on one side of each units wall meet the requirement of a 1-hr wall for a duplex (2-units) not three (townhome) and then allow the lot to be split so to be sold separate. Your thoughts?
> 
> pc1


I'm not brudgers, but,

A two family dwelling (a duplex if you will) can be split into condo units and be sold with simply separation per IRC two family dwellings. It does not need to be separation per Townhouse (3 or more connected dwelling units).


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## JBI (Oct 15, 2010)

As far as the Res Code is concerned, it is a two-family, period.

*2009 IRC: TOWNHOUSE.* A single-family _dwelling unit_ constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a _yard_ or public way on at least two sides.

2006 IRC: *TOWNHOUSE. *A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.

Need I go back any farther?

Also from the 2006 IRC: *R101.2 Scope.* The provisions of the _International Residential Code for One- and Two-family Dwellings_ shall apply to the construction, _alteration_, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above _grade plane_ in height with a separate means of egress and their _accessory structures_.


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## brudgers (Oct 16, 2010)

Pcinspector1 said:
			
		

> brudgers,Would two walls side by side with drywall on one side of each units wall meet the requirement of a 1-hr wall for a duplex (2-units) not three (townhome) and then allow the lot to be split so to be sold separate. Your thoughts?
> 
> pc1


Based on what I have read in the code, yes. [Assuming the wall assembly is a UL design or otherwise meets the fire rating.]

There is nothing that requires a two family dwelling to be under common ownership.

In addition, it could be sold fee simple.  All that is required is the ground beneath each unit to be deeded...but I'm not a real estate attorney.


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## Mule (Oct 18, 2010)

brudgers said:
			
		

> What in the code requires a two family dwelling to have more than a one hour wall?


The does not require more than a one hour wall. This is what the DP has specified. So I will inspect accordingly.


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## JBI (Oct 18, 2010)

A two-family dwelling would be two connected dwelling units on a single lot. Two connected units on seperate lots constitutes two single family dwellings with 0' 0" lot line clearance. Different seperation requirements.


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## brudgers (Oct 18, 2010)

JBI said:
			
		

> A two-family dwelling would be two connected dwelling units on a single lot. Two connected units on seperate lots constitutes two single family dwellings with 0' 0" lot line clearance. Different seperation requirements.


What code section did you use to disqualify it as a two family dwelling?


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## jim baird (Oct 18, 2010)

Suggest to the developer that, since he can't call it a townhome, he should build a nice little greenspace, a vest pocket park, for the enjoyment of the townehome dwellers.


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## Yankee (Oct 18, 2010)

JBI said:
			
		

> A two-family dwelling would be two connected dwelling units on a single lot. Two connected units on seperate lots constitutes two single family dwellings with 0' 0" lot line clearance. Different seperation requirements.


Still I disagree, it is still a two family dwelling, not two single family dwellings. Two single family dwellings would need to be separated as is required for townhouses. It is a duplex "condo" building with two dwelling units (not two single family dwellings).

The separation provided as required for townhouses is what makes townhouses single family dwellings, not whether there is a lot line between them or not. The code does not speak to lot lines or lack thereof, or ownership in any way.


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## GHRoberts (Oct 18, 2010)

Is it possible that the 3 unit requirement is so that townhouses do not fall under the 1&2 family building code?


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## Yankee (Oct 18, 2010)

GHRoberts said:
			
		

> Is it possible that the 3 unit requirement is so that townhouses do not fall under the 1&2 family building code?


Mmmm , , , and that they are separated and laid-out as required so that they do not fall under apartment buildings?


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## brudgers (Oct 18, 2010)

GHRoberts said:
			
		

> Is it possible that the 3 unit requirement is so that townhouses do not fall under the 1&2 family building code?


Townhouses do fall under the One and Two Family code.


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## Pcinspector1 (Oct 18, 2010)

Section 202 defines townhome in the *IRC* as a single-family dwelling unit constructed in a group of 3 or more. Also see R317.2 for unit seperation.


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## GHRoberts (Oct 19, 2010)

From a building code point of view the only reason I could see for wanting a 2 unit "townhouse" would be to get to a less restrictive building code. But since townhouses are already use 1&2 family building code, I don't see any issue except for separation.

Perhaps the builder is trying to go from 2 hour rated walls to 1 hour. But I don't deal with such issues.


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## JBI (Oct 20, 2010)

Whether 'Townhouses' on sperate lots or 'attached single family' on seperate lots, the key issue is the seperation. As a two-family it would require LESS protection, as it is seperating one unit from another, both being in common ownership. As attached single family units with zero lot line clearance EACH unit would need to meet a higher standard for seperation. As fire safety is a primary consideration of the Codes, I believe a higher standard is in order. Not quoting code sections as they have already been quoted.


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## Yankee (Oct 20, 2010)

A duplex is not required to be in common ownership, "Townhouses or attached single family" buildings do not have to be under separate ownership. The ownership is not a factor in the building code.


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## TJacobs (Oct 20, 2010)

What JBI said.


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## mtlogcabin (Oct 20, 2010)

A two family requires less protection because it is limited to two individual dwelling units.

A townhouse is 3 dwelling units minimum and an infinite amount of dwelling units as a maximum number that is why more protection is required.


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## Yankee (Oct 20, 2010)

mtlogcabin said:
			
		

> A two family requires less protection because it is limited to two individual dwelling units.A townhouse is 3 dwelling units minimum and an infinite amount of dwelling units as a maximum number that is why more protection is required.


What he said


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## GHRoberts (Oct 20, 2010)

mtlogcabin said:
			
		

> A two family requires less protection because it is limited to two individual dwelling units.A townhouse is 3 dwelling units minimum and an infinite amount of dwelling units as a maximum number that is why more protection is required.


So we have a situation where the builder wants to build to a more protective standard and the AHJ is objecting?


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## JBI (Oct 21, 2010)

Only to calling it something it is not George.

By definition a townhouse would require a minimum of three attached units. If they are on a single lot, yes it would be a higher standard than a two family, fire wall versus unit seperation. If it proposed for seperate ownership, the attached single family dwellings with zero lot line would require essentially the same seperation as an actual 'townhouse'.


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## Yankee (Oct 21, 2010)

JBI said:
			
		

> Only to calling it something it is not George. By definition a townhouse would require a minimum of three attached units. If they are on a single lot, yes it would be a higher standard than a two family, fire wall versus unit seperation. If it proposed for seperate ownership, the attached single family dwellings with zero lot line would require essentially the same seperation as an actual 'townhouse'.


Please show section that requires 2 hour seperation between a two dwelling unit building.


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## Francis Vineyard (Oct 21, 2010)

Mule said:
			
		

> Construct as duplex? Construct as single family zero lot line? Construct as townhouse so that it is two totally separate buildings?
> 
> Help!!!!!! What do you guys think???


Duplex is defined; 2-family dwelling: a house that is divided into two halves and is inhabited by two separate families or tenants with separate entrances

Encarta ® World English Dictionary © & (P) 1998-2005 Microsoft Corporation. All rights reserved.

CO description; Detached Two-Family Dwelling.

Detached Two-Family Dwelling cannot have a lot line between the units; but are "separated by not less than a 1 hour fire resistance rating".  It can have plumbing, gas and electric cross the unit boundaries or party wall.

Attached Single Family Dwelling as we list them on the CO is the same as a townhouse meeting the requirements of Section R302.  We do not label them as townhouses on the CO.

I just had a similar situation where there was a misunderstanding with an electrical service (two meter cans) to an Attached Single Family Dwelling, 4 units on a single lot, big mistake.

Mule; facilitated communication among all concerned parties, well done as always.


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## Yankee (Oct 21, 2010)

Francis Vineyard said:
			
		

> Duplex is defined; 2-family dwelling: a house that is divided into two halves and is inhabited by two separate families or tenants with separate entrances Encarta ® World English Dictionary © & (P) 1998-2005 Microsoft Corporation. All rights reserved.
> 
> CO description; Detached Two-Family Dwelling.
> 
> ...


Your CO definitions are local definition. Building code does not speak to ownership.


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