Introduction
St. Augustine’s Historic District offers charm, history, and one-of-a-kind architecture that draws buyers from around the country. Whether you’re purchasing a primary residence, vacation home, or investment property, owning a piece of America’s oldest city comes with unique legal challenges.
Attorney James Whitehouse has more experience with HARB and zoning approvals in the City of St. Augustine than any other local attorney.
At St. Johns Law Group, our real estate attorneys have extensive experience helping clients navigate the intricate regulations, zoning laws, and title issues associated with historic properties in St. Augustine. Here’s what every buyer should know before purchasing property in the Historic District.
1. Historic Preservation Requirements
Properties within the Historic District are subject to oversight by the St. Augustine Historic Architectural Review Board (HARB). This means:
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You must obtain Certificates of Appropriateness (COAs) for exterior alterations, including windows, doors, fences, roofing, and paint color.
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Demolition, new construction, and certain renovations may be limited or denied to preserve the architectural integrity of the neighborhood.
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Delays and added costs may arise due to the application and review process.
Legal Tip: Work with a real estate attorney familiar with HARB regulations and be prepared to engage a preservation architect early in the process.
Did you know Attorney James Whitehouse worked for the Historic City as a City Attorney.
2. Zoning and Use Restrictions
Not all properties in the Historic District are zoned the same. Use may be restricted to residential, commercial, or mixed-use purposes. Also, short-term rentals are heavily regulated or prohibited in many areas.
Buyers should:
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Review the current zoning classification
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Verify any use limitations, including short-term vacation rental restrictions
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Ensure their intended use is legally permitted
Legal Tip: Never assume prior use is “grandfathered in.” Get written confirmation from the City of St. Augustine Planning and Building Department.
3. Title Issues and Boundary Disputes
Many historic properties have outdated legal descriptions, uncleared easements, or missing surveys. Alleyways, shared courtyards, and irregular lot shapes can also lead to title confusion.
Common issues include:
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Lack of clear access
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Encroachments onto neighboring lots
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Boundary line disputes
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Unrecorded improvements or structures
Legal Tip: Conduct a thorough title search and obtain a current ALTA survey. Your attorney should review both to identify and resolve any title defects before closing.
4. Insurance and Inspection Concerns
Insuring a historic home may come with higher premiums, especially if:
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The home lacks modern electrical, plumbing, or structural systems
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It’s located within a flood-prone or hurricane-prone area
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Materials or construction methods are outdated or hard to replicate
Additionally, standard home inspections may not address preservation-related concerns.
Legal Tip: Request a detailed historic home inspection and consult with your insurance provider before committing to purchase.
5. Renovation Limitations and Cost Considerations
Renovating a historic home is not like remodeling a modern one. Beyond requiring HARB approval, buyers must often use period-appropriate materials, techniques, and design standards.
This can mean:
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Limited contractor availability
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Extended timelines
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Higher renovation costs
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Mandatory repairs after purchase (to comply with code)
Legal Tip: If you’re buying with plans to renovate, work with a contractor experienced in historic restoration and budget accordingly.
6. Local and State Incentives for Preservation
Florida and the City of St. Augustine may offer incentives to owners of historic properties, including:
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Tax exemptions for historic rehabilitation
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Facade improvement grants
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Property tax relief for income-producing historic properties
Legal Tip: Ask your attorney to explore available tax credits and grants you may qualify for before purchase or renovation.
7. HOA and Neighborhood Association Rules
Some historic neighborhoods also fall under homeowners’ associations or neighborhood covenants that further restrict property use, appearance, and maintenance responsibilities.
Legal Tip: Review all HOA or association documents carefully with your attorney before closing.
Why Legal Guidance is Essential
Buying property in St. Augustine’s Historic District can be a rewarding experience, but it also carries unique legal risks. At St. Johns Law Group, our real estate attorneys:
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Conduct thorough title and zoning due diligence
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Assist with HARB applications and approvals
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Review and draft contracts with historic property protections
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Advise on preservation compliance and renovation planning
Areas We Serve
We proudly represent buyers, sellers, and investors across St. Augustine, St. Augustine Beach, Ponte Vedra, Ponte Vedra Beach, Nocatee, Vilano Beach, Palm Coast, Flagler County, and throughout Northeast Florida.
Contact Us Today
If you’re considering buying property in St. Augustine’s Historic District, protect your investment from the start. Let St. Johns Law Group help you navigate the legal complexities with confidence.
For More Information on Zoning and Land Development
Visit our Land Development & Zoning webpage.