Pamphlet 26-7 Chapter 12

By Dana Cooper,2014-05-06 10:47
8 views 0
Pamphlet 26-7 Chapter 12

    VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements

    Chapter 12

    Minimum Property Requirements


    VA Minimum Property Requirements (MPRs) provide general acceptability criteria for Purpose of

    properties which will become the security for VA-guaranteed loans. MPRs

    In proposed or under construction cases, the MPRs help ensure that the property is

    constructed according to the applicable

    ? building code

    ? Federal regulations, and

    ? HUD requirements.

    In existing and new construction cases, the MPRs provide a basis for determining that the

    property is

    ? safe, structurally sound and sanitary, and

    ? meets the standards considered acceptable in a permanent home in its locality.

    Any reference to “MPRs for existing construction” in this handbook applies to all MPRs Scope of MPRs

    outlined in this chapter, except those shown as specifically applicable to “proposed


    Additional MPRs apply to Specially Adapted Housing program cases. Each VA office has Specially

    an SAH agent to answer questions. Adapted


    Continued on next page

    January 1, 2001 12-1

    VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements

    Overview, Continued

    This chapter contains the following topics. In This Chapter

    Topic See Page

    12.01 MPR Variations and Exemptions 12-3

    12.02 Proposed Construction MPRs 12-4

    12.03 Basic MPRs 12-6

    12.04 Shared Facilities and Utilities 12-9

    12.05 Access-Related Issues 12-10

    12.06 Hazards and Defective Conditions 12-11

    12.07 Fuel Pipelines and High Voltage Electric Lines 12-13

    12.08 Individual Water Supply/Sewage Disposal 12-14


    12.09 Community Water Supply/Sewage Disposal 12-16


    12.10 Manufactured Homes Classified as Real Estate 12-20

    January 1, 2001 12-2

    Chapter 12- Minimum Property Requirements VA Pamphlet 26-7, Revised

    Change 3

12.01 MPR Variations and Exemptions

    VA may agree to modify the MPRs where justified by certain conditions common to a Variations

    particular geographic area or occurring on the site, or where such conditions make

    compliance impractical or impossible.

    An MPR for existing construction can be waived by the VA field office if Exemptions

    ? a veteran is under contract to purchase the property, and

    ? the veteran and lender request the exemption in writing, and

    ? the property is habitable from the standpoint of safety, structural soundness and

    sanitation, and

    ? VA is satisfied that the nonconformity has been fully taken into account by way of

    depreciation in the VA valuation.

July 14, 2003 12-3

    Chapter 12- Minimum Property Requirements VA Pamphlet 26-7, Revised

    Change 3

    12.02 Proposed Construction MPRs

If the property is located in a jurisdiction which enforces a State, county or local building Where a

    code, then VA MPRs require that the construction comply with Building Code is Enforced ? the applicable State, county or local building code

    ? 24 Code of Federal Regulations (CFR) 200.926d, Construction Requirements ? 1992 Council of American Building Officials (CABO) Model Energy Code (MEC), and ? HUD references below.

    [CFR 200.926d]

If the property is located in a jurisdiction which does not enforce a State, county or Where a

    local building code, then VA MPRs require that the construction comply with Building Code is Not Enforced ? applicable provisions of the current CABO International One and Two Family Dwelling

    Code, and any mandatory codes or standards incorporated by reference ? 24 CFR 200.926d, Construction Requirements

    ? 24 CFR 200.926e, Supplemental Information for Use with CABO One and Two Family

    Dwelling Code

    ? 1992 CABO Model Energy Code (MEC), and

    ? HUD references below.

    [24 CFR 200.926d]

    [24 CFR 200.926e]

    Continued on next page

    July 14, 2003 12-4

    VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements

    12.02 Proposed Construction MPRs, Continued

    The following references from the Department of Housing and Urban Development (HUD) HUD

    are also included in VA MPRs, as applicable: References

    ? HUD engineering bulletins and materials releases that address, the use of new or

    unconventional construction methods. or materials that have been reviewed and

    considered suitable from a technical standpoint by HUD, and

    ? standards and practices recommended in HUD Handbooks

    ? Handbook 4140.1, Land Planning Principles for Home Mortgage Insurance

    ? Handbook 4140.2, Land Planning Procedures and Data for Insurance for Home

    Mortgage Programs, and

    ? Handbook 4140.3, Land Planning Data Sheet Handbook.

    When Using HUD Publications for VA Purposes Using HUD

     Publications ? read all references to “HUD” and “HUD field office” as “VA” and “VA field station”

    ? construe “insured mortgage” to mean “VA-guaranteed mortgage,” and

    ? remember that, for MPR purposes, VA treats properties with up to four living units the

    same as properties with only one living unit.

    January 1, 2001 12-5

    VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements

    12.03 Basic MPRs

The property must be a single, readily marketable real estate entity. Entity

Any nonresidential use of the property must be subordinate to its residential use and Nonresidential

    character. Use

    If any portion of a property is designed or used for nonresidential purposes, that property is

    eligible only if the nonresidential use does not

? impair the residential character of the property, or

    ? exceed 25 percent of the total floor area.


    ? Note: In making this calculation, the total nonresidential area must include storage areas

    or similar spaces that are integral parts of the nonresidential portion.

Each living unit must have the space necessary to assure suitable Space

     Requirements ? living

    ? sleeping

    ? cooking and dining accommodations, and

    ? sanitary facilities.

Mechanical systems must Mechanical

     Systems ? be safe to operate

    ? be protected from destructive elements

    ? have reasonable future utility, durability and economy, and ? have adequate capacity and quality.

    Continued on next page

    January 1, 2001 12-6

    Chapter 12- Minimum Property Requirements VA Pamphlet 26-7, Revised

    Change 3

    12.03 Basic MPRs, Continued

Heating must be adequate for healthful and comfortable living conditions. Heating

    If the property has an unvented space heater, see the requirements in Section 11.12.

Homes with a wood burning stove as a primary heating source must also have a

    permanently installed conventional heating system that maintains a temperature of at least

    50 degrees Fahrenheit in areas with plumbing.

    Solar systems for domestic water heating and/or space heating must:

? meet standards in HUD Handbook 4930.2, Solar Heating and Domestic Hot Water

    Heating Systems, and

    ? be backed-up 100 percent with a conventional thermal energy subsystem or other backup

    system which will provide the same degree of reliability and performance as a

    conventional system.

Note: VA field stations may determine that climatic conditions are such that mechanical

    heating is not required.

Each unit must have the following: Water Supply

     and Sanitary ? domestic hot water Facilities

    ? a continuing supply of safe and potable water for drinking and other household uses,


    ? sanitary facilities and a safe method of sewage disposal.

Reference: For requirements regarding individual water supplies and individual sewage

    disposal systems, see Section 12.08.

    Continued on next page

    July 14, 2003 12-7

    Chapter 12- Minimum Property Requirements VA Pamphlet 26-7, Revised

    Change 3

    12.03 Basic MPRs, Continued

The roof covering must Roof Covering

? prevent entrance of moisture, and

    ? provide reasonable future utility, durability, and economy of maintenance.

When a defective roof with three or more layers of shingles must be replaced, all old

    shingles must first be removed.

The crawl space must Crawl Space

? have adequate access

    ? be clear of all debris, and

    ? be properly vented.

The floor joists must be sufficiently above the highest level of the ground to provide access

    for maintenance and repair of ductwork and plumbing.

    Any excessive dampness or ponding of water in the crawl space must be corrected.

Natural ventilation of structural spaces such as attics and crawl spaces must be provided to Ventilation

    reduce the effect of excess heat and moisture which could cause decay and deterioration of

    the structure.

Each unit must have electricity for lighting and for necessary equipment. Electricity

    July 14, 2003 12-8

    Chapter 12- Minimum Property Requirements VA Pamphlet 26-7, Revised 12.04 Shared Facilities and Utilities

    Facilities such as laundry and storage space or heating may be shared in two-to-four living Facilities

    unit buildings under a single mortgage.

    Utility services must be independent for each living unit, except Utilities

    ? living units under a single mortgage or ownership may share water, sewer, gas, or

    electricity as long as there are separate service shut-offs for each unit, and

    ? living units under separate ownership may share connections from the main to the

    building line when those connections are protected by

    ? easement or covenant, and

    ? a maintenance agreement acceptable to VA.

    Individual utilities serving one living unit shall not pass over, under, or through another

    living unit unless there is a legal provision for permanent right of access for maintenance

    and repair of the utilities without trespass on adjoining properties.

January 1, 2001 12-9

Chapter 12- Minimum Property Requirements VA Pamphlet 26-7, Revised

    12.05 Access-Related Issues

    Each property must be provided with a safe and adequate pedestrian or vehicular access Access to

    from a public or private street. Property

    Private streets must be

    ? protected by a permanent easement, and

    ? maintained by a homeowners association or joint maintenance agreement.

    All streets must have an all-weather surface.

    Access to the living unit must be provided without passing through any other living unit. Access to

     Living Unit Each living unit must be able to be used and maintained individually without trespass upon

    adjoining properties. Any easements required must run with the land.

    Access to the rear yard must be provided without passing through any other living unit. Access to Rear

     Yard For a row-type dwelling, the access may be by means of

    ? alley

    ? easement

    ? passage through the subject dwelling, or

    ? other acceptable means.

    There must be adequate space between buildings to permit maintenance of the exterior Access for

    walls. Exterior Wall


January 1, 2001 12-10

Report this document

For any questions or suggestions please email