Not always, but grandfathered is much narrower than many owners claim. Older building safety codes in Las Vegas still require owners to maintain the protections they have, some fire safety rules apply to existing buildings no matter when they were built, and renovations can bring parts of a building up to current code.
If a property owner or insurer told your family the building was up to code when it was built, this is what that defense leaves out. Every building and every case is different, so have an attorney review the specifics.
What Grandfathered Means for an Older Las Vegas Building
Building codes generally apply to construction at the time it is permitted and built. When Clark County or a city adopts a newer edition, an existing building that met the code in force when it went up is often allowed to stay as it is. That is what people mean by grandfathered.
Southern Nevada updates its codes regularly. Clark County, for example, adopted the 2024 International Fire Code with local amendments, effective in January 2026. A building from the 1970s went up under very different rules, and an owner may be right that some modern features weren’t required.
But being allowed to keep an older design isn’t the same as being allowed to let it fall apart.
3 Ways an Older Building Can Still Be Held to Safety Rules
The Owner Must Maintain What Was Installed
Codes that let older features stay also expect them to work. A smoke alarm, sprinkler system, pool gate, or guardrail that was installed has to be kept in working order. A dead alarm in a 40-year-old apartment is still a dead alarm, and it’s one of the first arguments our Las Vegas premises wrongful death lawyers push back on.
Some Fire Safety Rules Apply to Existing Buildings
The fire code adopted across Southern Nevada includes requirements written specifically for existing buildings, and some apply no matter when the building went up. They can reach exits, alarms, and fire protection in certain types of buildings. Which ones apply depends on the building’s use, size, and the local amendments, which is why a lawyer often brings in a code expert.
Renovations, Additions, and Changes of Use Can Trigger Current Codes
When an owner remodels, adds on, or changes how a building is used, such as turning an old motel into apartments, the new work generally has to meet the code in effect at that time. Sometimes more of the building has to be upgraded too. Permit records show what work was done and when, and unpermitted work can be a violation on its own.
Older Buildings Are Common Across Las Vegas
Many of the valley’s higher-risk properties are older ones: aging motel apartments Downtown and in East Las Vegas, complexes built in the 1970s and 1980s off Sahara, Charleston, and Flamingo, and hotel towers renovated in phases over decades.
Phased renovations matter. When parts of a property have been remodeled and others haven’t, the code that applies can change from one wing or floor to the next. The owner’s own permit history is often what settles it.
Even Without a Code Violation, Owners Must Act Reasonably
A code is a minimum, not a ceiling. Nevada property owners also owe a duty of reasonable care, and a hazard can be negligent even when no specific code required a fix. A loose railing, a broken gate latch, or a water heater the owner knew was faulty can support a claim on its own.
Landlords also have duties under Nevada’s landlord-tenant law to keep rentals safe and habitable. Our guides on suing a landlord for an injury in Nevada and who is liable at a Las Vegas apartment complex cover those duties in more depth.
A code violation can make negligence easier to prove. Not having one doesn’t end the case.
How to Find Out Which Code Applied
The answer usually starts with the building’s permit history: when it was built, what work was permitted, and when. Fire inspection reports and code enforcement cases show whether officials ever cited the property under current rules. Our step-by-step guide on how to find out if a Las Vegas property had code violations before a death explains where to request each record.
If the owner fixed the problem right after the death, that raises its own questions. See whether a repair after the death can still be used against the property.
Frequently Asked Questions
Are older buildings exempt from new building codes?
Partly. In Las Vegas and across Nevada, an existing building that complied with the code in force when it was built is often allowed to keep that design when a newer code is adopted. That exemption has limits. The owner still has to maintain the safety features the building has, some fire safety requirements are written to apply to existing buildings, and renovations or changes of use can require current-code work. An owner also owes a general duty of reasonable care regardless of code. Whether a specific feature was exempt depends on the building’s history and use, so it’s worth having an attorney and code expert review it.
Do existing buildings have to meet current fire code?
Some parts of it, yes. The International Fire Code that Clark County and the Southern Nevada cities adopt includes a chapter of requirements for existing buildings, and local amendments adjust them. Beyond those, every installed fire protection system, from smoke alarms to sprinklers to fire doors, generally has to be maintained in working order. Fire inspectors can cite an older building for a dead alarm or a blocked exit even if it was never required to add newer features. Which requirements apply depends on the type of building and how it’s used.
Does a renovation make an old building follow new codes?
Often, at least for the work that was done. Remodels, additions, and changes in how a building is used generally have to meet the code in effect when the permit is issued, and larger projects can require upgrades beyond the renovated area. That’s why permit history matters so much in a wrongful death case. If a balcony, stairway, or water heater was replaced, the replacement should have met the newer rules. If the work was done without a permit, that can be its own violation and a sign of cut corners.
Up to Code When It Was Built Isn’t the End of the Story
Insurers lean on that line because it sounds final. As a former insurance defense attorney, Glen Howard knows it often isn’t. The real questions are what the owner had to maintain, which rules reached the building as it existed, and what changed when it was renovated.
If your loved one died in an older Las Vegas building, let us look at its history with you. The consultation is free, and you pay nothing unless we recover. Talk with a wrongful death premises liability attorney in Las Vegas, learn how Nevada wrongful death claims work, or tell us what happened.
