Legal Definitions - grandfather

Grandfather (verb)

To 'grandfather' something or someone means to exempt them from a new law, rule, or regulation because their situation or activity existed before the new rule took effect. It allows pre-existing conditions, rights, or activities to continue under the old rules, even when new, stricter requirements are introduced for everyone else.

Here are some examples illustrating how this term is applied:

• Example 1: Zoning Regulations

  Imagine a city passes a new zoning ordinance that prohibits any new commercial businesses from opening in a particular residential neighborhood. However, a small, family-owned bakery has been operating in that neighborhood for 30 years. The new ordinance might 'grandfather' the bakery, allowing it to continue operating legally despite the new rule that would otherwise forbid it. This means the bakery is exempt from the new prohibition because it existed before the rule was enacted.

• Example 2: Professional Licensing

  A state legislature enacts a new law requiring all individuals practicing as certified public accountants (CPAs) to hold a master's degree in accounting. To avoid disrupting the careers of experienced professionals, the law might 'grandfather' all CPAs who were already licensed and actively practicing before the law's effective date. These experienced CPAs would not be required to go back to school to obtain the new master's degree, as their existing qualifications are deemed sufficient under the old rules.

• Example 3: Building Codes

  Consider a new building code that mandates all new commercial buildings must have a specific type of fire suppression system. An older office building, constructed 50 years ago, might be 'grandfathered' under the new code. This means that while any new construction must comply with the updated fire safety standards, the existing older building is not immediately required to undergo costly renovations to install the new system, as it met the building codes that were in place at the time of its construction.