Building Your Custom Dream Home? Check the CC&Rs Before You Buy the Lot

When you find the perfect lot to build your custom dream home, it's easy to get excited about the possibilities. Before you move forward, it's essential to review the Covenants, Conditions & Restrictions (CC&Rs) tied to that property. If the lot is located in a community with a Homeowners Association (HOA), you will be required to follow its rules. The HOA can have a significant influence over your home’s design, layout and timeline.

Why Review the CC&Rs?

Even though your home’s blueprints—including structural plans and site layout—must be approved by the city or county building department before permits are issued, many HOAs have a separate design approval process, typically handled by an Architectural Review Committee (ARC) or Architectural Control Committee (ACC).

This committee can place additional restrictions beyond what the city or county requires and often has the authority to approve or deny construction plans based on their own standards. Their goal is to maintain a cohesive appearance and property values within the neighborhood but that means you may be limited in what and how you can build.

The CC&Rs are legally binding documents recorded with the county. By purchasing property in a deed-restricted community, you’re agreeing to abide by them—even if you didn’t read them.

Common HOA Restrictions to Look For

Here are some examples of what may be regulated in the CC&Rs:

Home Design

• Minimum square footage requirements (e.g., no homes under 2,500 sq ft)
• Exterior materials (e.g., must use brick, stone, or stucco—no vinyl)
• Roofing requirements (e.g., must be tile or standing seam metal)
• Color palette restrictions (certain exterior colors may be prohibited)

Site Layout

• Setback or build line requirements beyond city minimums
• Driveway design (e.g., must be poured concrete; circular driveways may be restricted)
• Garage orientation (e.g., side-entry garages required)

Outdoor Features

• Fencing height and materials (e.g., wrought iron only, no privacy fences in front yard)
• Landscaping rules or tree preservation requirements
• Detached buildings like sheds or accessory dwelling units may be prohibited or highly regulated
• Pools, patios, pergolas, and other exterior additions may need written HOA approval

(In Texas, HOAs cannot prohibit or require pre-approval for solar panels under current state law.)

Construction Timing and Conditions

• Time limits to start or complete construction (e.g., must begin within 12 months and finish within 18)
• Contractor work hours or noise restrictions (e.g., no construction before 7 a.m. or on Sundays)

Buyer Checklist: Questions to Ask Before You Buy

Before you make an offer on a lot, ask these important questions:

1. Is there an active HOA or Architectural Review Committee?
2. Are there architectural guidelines separate from city/county code?
3. Are there minimum square footage or specific material requirements?
4. Do the CC&Rs restrict driveway layout, garage location, or fencing?
5. Are there rules for tree removal or landscape design?
6. What’s the process and timeline for submitting construction plans to the HOA?
7. Are there fees for architectural plan review or inspections?
8. What are the deadlines for starting and completing construction?

Bottom Line:

Just because you own the lot doesn’t mean you can build anything you want. HOAs often have significant authority over what can be built and how. Reviewing the CC&Rs upfront helps ensure your dream home aligns with community standards—and avoids costly surprises or redesigns after closing.

As your REALTOR®, I’m here to guide you through every step from reviewing CC&Rs to working with your builder and making sure your vision becomes reality. I truly believe knowledge is power.