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April 28, 2009
Building a Deck Atop Extension
What is the proper term when you build a non-combustible “deck” over a garden level extension with a staircase down to the garden? It isn’t viewed as a deck by the DOB, is it a terrace? What is the code for this? Please point me in the right direction.
Thanks.
Comments
The DOB is coming down hard on "illegal" decks and terraces, and this is particularly troublesome when you're trying to sell. We bought a house with a deck that never had a permit. It wasn't an issue when we bought the house, but became a problem when we tried to sell and the buyers lawyer decided to pursue the issue. Make sure whatever you do is legal.
Posted by: Architerrorist at April 28, 2009 12:08 PM
If you have a wooden deck on top of a shed or extension which is attached to your house the deck or wooden portion should be at least 3 feet away from the building. If this is the case I believe what you have is classed as a wood canopy and this is illegal. visit this website:
http://www.nyc.gov/html/dob/downloads/pdf/b04-42.pdf
Posted by: momo284 at April 28, 2009 12:30 PM
at, that'd be a disaster on my street, doubt any of the decks are legal. Why not just sell "as is" (as we bought our house)?
Posted by: cmu at April 28, 2009 12:40 PM
That structure is a deck by building department terminlogy. the structure most be at least 3 feet off the adjacent properties if made of any combustable material. the structure can not protrude more than 8' past the extension. the structure must be designed, filed by an license architect or professional engineer. the structure must be filed with the building department reviewed and approved.
when thru the process 15 months ago and was approved. expect to pay 4-5000 dollars for drawings and filing fees.
Posted by: stevenwilliams55 at April 28, 2009 2:51 PM
We are looking at building a deck with non-combustible pavers over the current extension. It doesn’t fit the definition of a deck because there is a room below and it doesn’t fit the DOB definition of a terrace because there is usable storage below. So I need help classifying it. The only structure that will extend beyond the extension will be a metal staircase down to the garden. We will be filing any and all changes with DOB via our architect, we definitely don’t want to go down a violation path!
Posted by: PHfamily at April 28, 2009 3:50 PM
You'd think it would be a disaster almost anywhere in Brooklyn. I was informed that the crackdown was fairly recent. If you can sell your house "as is", great - but our buyers lawyer informed them of the illegality and we had to cough up almost $5000 for them to "legalize" the deck (which demands the intervention of an architect! and can't even be guaranteed). The buyers lawyer was a stickler on this issue and it wasn't worth losing the sale over, so we caved. However, this is a buyers market - so I'd say keep it legal, or start the work to legalize if you are thinking about trying to sell.
Posted by: Architerrorist at April 28, 2009 4:28 PM
thats the rub, the plan examiner - depending on who you get may say you can only have a stair off of a "deck" protruding into the thirty foot setback. this technically is a terrace as you have stated given the living area below, however some plan examiners don't see it that way. If its self certified its a calculated risk. So really ou have to file and see if it gets flagged. I have got them through and I have gotten them bounced - there is your answer - no answer its the DOB. You can always go to chief gallagher and try and get a pre-consideration so your architect is not wasting time drawing.
Good Luck
- Josh Pulver
Posted by: jp2 at April 28, 2009 5:28 PM
Thanks for the feedback!
Luckily for us we are in Prospect Heights and have a 131ft lot, so the 30 foot yard shouldn’t be the issue. But it does sound like it’s the luck of the draw....I guess we will put our faith in our architect and cross our fingers! If all goes well we will post pictures and a small write up on the process, seems like a renovation for Brownstone Brooklyn.
Posted by: PHfamily at April 28, 2009 5:35 PM
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