Understanding the Grandfather Clause in Home Remodeling

When it comes to home remodeling in Oregon, have you ever wondered how you’ll navigate constantly evolving building codes? Or how to keep your renovation project affordable without needing to update everything just to meet the latest regulations? Fortunately, something called the “Grandfather Clause” might help — and we’re here to break it down for you.

What Is the Grandfather Clause?

In simple terms, the Grandfather Clause allows certain parts of your home to remain “as-is” if they were built to code at the time of original construction — even if those standards have since changed. As long as you're not remodeling that specific area, you typically won’t be required to update it.

Example: If we're remodeling your master bathroom, you won't be required to bring your kitchen up to current code — unless we’re also working in that area.

How It Works

Let’s look at some specifics:

• Legal Occupancy: If a building was legally occupied when a new code was adopted, it may remain unchanged — as long as it doesn’t present any hazards.

• New Construction: Any new work, like additions or home alterations, must comply with current building and safety codes.

• Proof of Compliance: To use the Grandfather Clause, it helps to keep old building plans, permits, or other documentation showing your home met the standards at the time it was built. This is known as demonstrating legal existence.

• Change of Use: If your building’s use changes — for instance, from commercial to residential — you’ll likely need to bring everything up to current code.

• Unpermitted Structures: Just because a structure has existed for years doesn’t mean it qualifies. Unpermitted home additions are usually not covered by the Grandfather Clause unless they meet basic health and safety standards — and even then, legalization varies by city.

• Hazardous Conditions: Safety always comes first. Unsafe or hazardous structures will never qualify and must be addressed immediately.

  
  

Where Is the Grandfather Clause Written?

Here’s the tricky part — you won’t find the term “Grandfather Clause” written into the:

• Oregon Revised Statutes (ORS)

• Oregon Administrative Rules (OAR)

• Oregon Structural Specialty Code (OSSC)

• International Existing Building Code (IEBC)

  
  

What you will find are guidelines and exemptions for existing residential buildings, safety requirements, and compliance paths — just not under that specific term.

What Should You Do?

If you're trying to determine whether your home remodel project in Oregon qualifies under the Grandfather Clause:

1. Start by reviewing the current building codes for your scope of work.

2. Check for exemptions that apply to existing structures.

3. Gather documentation like historic permits or original building plans that show past compliance.

4. Talk to a licensed contractor in Portland — and we’d love to be that resource for you.

   
   

At Edelweiss Construction, we’re here to make the remodeling process in Portland as smooth as possible — including helping you navigate tricky permit and code compliance issues. Your project might even qualify for Portland’s Field Issuance Remodel (FIR) Program, which can streamline the entire home renovation permit process. If you haven’t read our blog on the FIR Program yet, check it out!

Connect with us on Facebook and Instagram to see how we bring dream homes to life in Oregon, and contact us for a remodeling consultation. We’d love the opportunity to work with you.