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August 3, 2009
Illegal Bathroom in Duplex
Hi, I just went to see a condo today and I have a few q's. Really hope someone can help! 1. The seller has included the mechanical room and the attic in the sellable space. Is that allowed? 2. The seller says I can put in an illegal bathroom in the attic, apparently "everyone in Brooklyn does it!". Does anyone have any experience with this?
The appt is really lovely and in a great area, which is the reason I'm pursing it. Not sure how big or small an issue this is. Can someone please help?
Comments
I'm in similar dilemma in Brooklyn. The attic space has lots of windows and cieling heights above 8' so it is a habitable space. But, the seller doesn't want to put the bathroom for us in the attic as he says it's illegal but I am told that people add a bathroom in attic anyway.
Anybody (buyer or architect) want to share their 2 cents?
Posted by: cook at August 2, 2009 8:37 PM
I'm in similar dilemma in Brooklyn. The attic space has lots of windows and cieling heights above 8' so it is a habitable space. But, the seller doesn't want to put the bathroom for us in the attic as he says it's illegal but I am told that people add a bathroom in attic anyway.
Anybody (buyer or architect) want to share their 2 cents?
Posted by: cook at August 2, 2009 8:37 PM
I'm in similar dilemma in Brooklyn. The attic space has lots of windows and cieling heights above 8' so it is a habitable space. But, the seller doesn't want to put the bathroom for us in the attic as he says it's illegal but I am told that people add a bathroom in attic anyway.
Anybody (buyer or architect) want to share their 2 cents?
Posted by: cook at August 2, 2009 8:37 PM
An architect is not going to risk their license to do something in violation of code for you.
If the seller is encouraging you to break the law and is fudging their net to gross square footage, image what else they are hiding or lying about.
I'd walk away.
Posted by: FenFen at August 2, 2009 9:45 PM
An architect is not going to risk their license to do something in violation of code for you.
If the seller is encouraging you to break the law and is fudging their net to gross square footage, imagine what else they are hiding or lying about.
I'd walk away.
Posted by: FenFen at August 2, 2009 9:45 PM
which condo if you dont mind me asking
Posted by: guikazoid at August 2, 2009 11:57 PM
Can I punch you in the face?
That's illegal, but everyone does that, too.
Posted by: j2 at August 3, 2009 6:58 AM
Architect here.
1. Sellable space in a situation like this depends upon the configuration. What type of access is there to the attic? Real stairs, pull down, ladder, etc? Is there shared access to mechanical room or is only for your unit? I don't expect answers to these questions, only offering them as considerations to be addressed with a real estate agent or atty. Bottom line: If you want it for the price it's offered at, then buy it. Don't sweat this kind of stuff.
2. Illegal bathroom, FenFen and j2 are both right, although I doubt I would have put it quite the same as j2. It's a serious undertaking to add another bathroom and a very good chance the DOB would find out, not to mention that any respectable condo or co-op will make you file such work with the DOB. Illegal living conditions and violations for work without a permit are not healthy for potential condo financials. If the condo ever needs to re-fi or something, there's a pretty good chance the bathroom would be discovered and you'd have to remove it and pay the violations.
My suggestion: don't do it.
Posted by: JimHill at August 3, 2009 10:40 AM
no one's gonna go to jail for adding a bathroom. jeez. talk about real life problems :-/
*rob*
Posted by: PitbullNYC at August 3, 2009 10:49 AM
maybe a half-bathroom would be legal? they are for sub-grade space, where full bathroom is not
Posted by: blowfish at August 3, 2009 1:29 PM
Thanks for all the responses. Checking on the half-bath (powder room) in the attic. Will let everyone know what I find. I agree that it's definately worth walking away once I get confirmation on the half bath. Anyone know about when a half-bath can be used?
Posted by: condoinbklyn at August 3, 2009 3:59 PM
Thanks for all the responses. Checking on the half-bath (powder room) in the attic. Will let everyone know what I find. I agree that it's definately worth walking away once I get confirmation on the half bath. Anyone know about when a half-bath can be used?
Posted by: condoinbklyn at August 3, 2009 3:59 PM
depends on the size of the condo whether or not anyone will care. do ask an architect how/what you can get done. like, maybe you get a permit for the half bath with a closet, then put the tub in later in the closet area? very very common in the condos i've seen. the DOB is not out hunting for tubs.
good luck - this may not be a big deal. you have to research past brownstoner.
Posted by: wine lover at August 3, 2009 8:19 PM
Thanks for the advice. The DOB may not be hunting around, but I don't want to get stuck when I try to resell the appt!
Posted by: condoinbklyn at August 4, 2009 11:33 AM
Thanks for the advice. The DOB may not be hunting around, but I don't want to get stuck when I try to resell the appt!
Posted by: condoinbklyn at August 4, 2009 11:33 AM
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