What it takes to build on a property in Santa Fe

If you own a piece of land in Santa Fe or are thinking of buying one, it’s natural to ask: Can I build anything I want on it? The short answer is—maybe. But first, your property has to meet some essential criteria before the city or county will approve a building permit.

Let’s walk through the top three things that determine whether your property is truly build-ready—or full of hidden hurdles.

1. Having a legal lot of record

One of the biggest surprises for landowners is discovering that a survey or title insurance isn't enough to prove your property is buildable. The real key i having a legal lot of record.

What is a legal lot of record?

A legal lot of record is a parcel of land that was legally created and recorded according to the subdivision laws in effect at the time it was created. It’s officially registered with the County Clerk’s office, and it confirms that the lot exists as a legally recognized entity.

Why is it crucial?

Without this designation, the city or county might not issue a building permit—even if you have a valid survey map, a title insurance, or a long-standing deed.

Why? Because surveys only describe the land’s dimensions and boundaries—not its legal status. Title insurance protects ownership but doesn’t guarantee that your lot complies with current or historical subdivision rules.

If your lot isn’t officially recorded as legal, you may not be allowed to build on it.

How to verify it

To find out if your property is a legal lot of record:

Ask for confirmation from the County Clerk’s Office that your lot is recognized as a legal lot of record.
If the land was split or transferred in the past, make sure it was done legally under the subdivision regulations in effect at that time.
Request written verification.

If you're working with a real estate agent, architect, or permitting consultant, they can often help track this down or guide you through the process.

2. Your driveway is up to code for fire department access

Even with a legal lot of record, access to your property has to meet certain life-safety standards—specifically for emergency vehicles.

According to Santa Fe County regulations as of June 2025, your driveway must comply with Fire Department access requirements:

Driveway width needs to be 14’ wide. For many rural properties, this can be a very challenging. Because this is a life safety issue, there are no variances to this rule. If you want a building permit, your driveway has to be 14’ wide.
Maximum driveway slope is 15%.
If your driveway is longer than 150’, there needs to be turn arounds at the end of the driveway. Those turn arounds will be at least 96’ wide if a cul-de-sac and 120’ wide if a ‘Y’ or hammerhead shape.
If your driveway is longer than 250’, there needs to be turnouts and turn arounds.

If your access road or driveway doesn’t meet these rules, you may have to upgrade it before a building permit will be approved. Remember these rules are current as of June 2025, but should be confirmed directly with city or county in case they have been amended. The fire department is usually willing to go out and review your property for safe fire truck access prior to submitting for permit.

3. Existing zoning violations

Older properties, in particular, may have structures or features that don’t comply with today’s zoning rules. Common examples include:

Setback violations: Buildings too close to property lines.
Height violations: Structures taller than allowed under current code.

When you apply for a new construction permit, these issues can surface and delay (or derail) your plans.

So… Can You Build Anything?

Technically, you can build a lot—but not until you’ve confirmed that your property is eligible.

Wide Angle Curve can help verifying your lot or navigating the building process in Santa Fe.

We help landowners and buyers understand their build potential and work through permitting with confidence. Reach out today to schedule a consultation.

Avoid this mistakes when building in Santa Fe

Before you dive into the design and drawings for that new project in Santa Fe, it's crucial to understand the local permitting landscape. What are the most common stumbling blocks that can cause delays and headaches? In this article, we will be shedding light on key aspects of the Santa Fe building and permitting process, focusing on potential pitfalls and how to steer clear of them.

What can go wrong and how to avoid it

Is your property eligible for a permit?

Confirm you have a legal lot of record with the County Clerk. This is the foundational step; without a legally recognized parcel of land, obtaining permits will be impossible. Your local County Clerk's office can provide the necessary documentation and verification.
Ensure your driveway meets Fire Department access - verify current rules most driveways need to be 14' wide! Fire safety regulations are non-negotiable. The Fire Department requires adequate access for emergency vehicles, and current standards often mandate wider driveways than older properties might have. Confirm these specifics early to avoid costly revisions.
Address any existing zoning violations before building. Unresolved zoning issues can halt your project before it even starts. It's crucial to identify and rectify any past non-compliance on the property to ensure a smooth permit application process.

Understand the limitations of your property

Consider utility/access easements, HOA rules, and historic/overlay district guidelines. Easements can dictate where you can build and what you can do on certain parts of your land, as others may have rights to use them. If your property is part of a Homeowner's Association, their covenants and restrictions will significantly influence your project.
Be aware of setbacks, height limits, and lot coverage (often max 50% in the City). These are fundamental zoning regulations that define how close to property lines you can build, the maximum allowable height of your structure, and the percentage of your lot that can be covered by buildings. Exceeding these limits is a common reason for permit denial.
Ensure your electric service, water, and septic system can handle your project. Verify with utility providers if your current electrical service can support the new demand, if your water pressure and supply are adequate, and if your septic system has the capacity for increased usage, or if a new one is needed.

Budget Smart, Build Wise

Many established builders currently have a base price around $450 per square foot. Factoring in your budget early will save you time and potential disappointment.

Don't get stuck in red tape: Let us help!

These initial checks – the legal lot, limitations of the property, and budgeting– are the gatekeepers to the permitting process. Getting them right early can save you significant time and frustration.

Feeling unsure about your property's initial eligibility for building permits? Contact us for a preliminary assessment.

Can you build anything?