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January 15, 2008
Confirming max allowed FAR
Hi all,
I could use some guideance. We have an accepted offer on a brownstone where we are hoping to do some renovation work (building up from an existing extension to include additional floors).
I checked the zoning and based on what I've learned, the property does have a total sq. footage that is under FAR so we should be able to do this.
However, I have heard that sometimes it is not such a clean calculation and that there could be air rights that were sold, etc. I know that this can only be confirmed through an architect.
I have contacted an architect and he confirmed what I already knew about the zoning and the allowable sq. ft on the property. But he seemed unwilling to engage further, since we are not even in contract yet- let alone own the place.
However, our purchase is dependant on being able to build this additional room. So how do I go about officially confirming that there is buildable sq. ft without an architect?
Or alternatively does anyone know of any architects who will do a real assessment of this pre-purchase? We are willing to pay a small fee (but not too crazy of one).
Thanks for your suggestions.
Comments
there area people who specialize in this --- and I think they're lawyers, not architects. a good article was in the Times a couple months back. I'd search there
Posted by: guest at January 15, 2008 1:50 PM
If air rights are in play, the current owner would have a ZLDA (zoning lot declaration agreement) with one of the adjacent lot owners that they would need to disclose to you prior to the sale. If you have a buyer's attorney, when they do a lien search, I assume this would show up.
No need for an architect on this. I hope this helps.
-From, An Architect.
Posted by: guest at January 15, 2008 2:31 PM
2:31- thank you! Very helpful!!!
Posted by: U510545 at January 15, 2008 2:48 PM
Occassionally I have useful bits of good advice. Not very often though.
People seem to hate architects on this site.
Posted by: guest at January 15, 2008 3:03 PM
watch out for zoning rooms, etc...
very tricky if your case depends on it!
if you would like to give me your phone i will pass it on to soba architcects = good prices for small jobs - you will learn a lot working with him.
Posted by: brownstone89 at January 15, 2008 3:10 PM
is there a place where i can search for a lien w/o going to a lawyer? maybe hidden someplace in dob or propertyshark or something?
Posted by: guest at January 15, 2008 4:00 PM
You are absolutely right that this is not a clean calculation -- it's a complex one. You have a shoot-from-the-hip answer, and your allowable FAR may be pretty close to that. but certifying the exact number is a different animal.
The reason that your architect would not want to proceed further is that it usually would require work to prove the FAR to its maximum. You unfortunately can't simply look it up -- the Dept of Buildings folder would have to be reviewed to see what records stood against square feet, and then all the exemptions (mechanical spaces for example) demonstrated through drawings. Some of the exemptions depend on the specifics of a layout. It's not a one-step process, it's an ordeal.
And in terms of guaranteeing it presale, forget it. As a licensed architect, I would never certify this sort of thing "presale" myself and don't know any colleagues who would -- if what you mean by "official" is legally responsible or binding. And you may not want to work with an architect that reckless anyway.
There are plenty of expeditors and code reviewers that can do a quick analysis for you (although it still takes a registered architect to file for the change in FAR). But they will come with long paragraphs covering their liability, limitations, and exceptions, so at the end of the day they may not be more useful than your own work yourself looking it up.
Please don't take my answer as being obstinate - I am trying to explain the reason you are getting the runaround on this has nothing to do with your specific situation, everything to do with liability.
Posted by: Smokychimp at January 15, 2008 4:45 PM
Smokychimp- I am not at all offended by your answer. In fact, it is extremely helpful. I know that developers often buy properties pretty much based on the fact that they know there is FAR available (for them to convert into condos or whatever). We have a much simpler need- to add on to an existing extension's footprint for the two floors above the original extension (which is there on the ground floor already). So it there no way we can find this out pre-sale?? We are willing to pay money for that assessment. That is what I am confused about - it seems like a reasonable/common condition on which someone buys a house so there must be a way to do that due diligence.
Any additional thoughts?
Posted by: U510545 at January 16, 2008 10:43 AM
If you have to build to afford the house maybe you should look for another another property, given the circumstances.
Posted by: guest at January 16, 2008 10:45 AM
10:45 - can you explain what you mean a bit further? We don't have to build to afford the house, but we think the extra space is necessary to live comfortably (as in, it's a bit too small in its current configuration).
Posted by: U510545 at January 16, 2008 10:52 AM
The most direct way to do this would be to pay an expeditor or architect (maybe on an hourly basis) to pull the folder at the Dept of Buildings and see what records are established as precedent for the built square footage.
You can do this yourself actually once you can prove hold title to the property.
By the way, keep in mind that FAR is not the only rule governing bulk. It's true to say that it's the most common one, but there are setback regulations, side yard requirements, etc that might apply to your lot.
Posted by: Smokychimp at January 16, 2008 7:33 PM
i just used someone who is an expert on brownstones. He prepared a zoning study which is certified and sealed by him before I bought mine. His name is Gregg Rothstein, his phone number is 908-351-2809. Try him, he was very helpful.
Posted by: guest at January 16, 2008 10:17 PM
i just used someone who is an expert on brownstones. He prepared a zoning study which is certified and sealed by him before I bought mine. His name is Gregg Rothstein, his phone number is 908-351-2809. Try him, he was very helpful.
Posted by: guest at January 16, 2008 10:18 PM
Make sure you check the building's foundation and soil density - there are a lot of variables in whether or not the building can support the extra weight. I have heard of situations where homeowners receive unpleasant surprises after they begin the project, once they get geotechnical (soil) and structural engineers involved.
Posted by: guest at January 16, 2008 11:16 PM
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