New Code coming soon, FYI

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 in response to Confirming max allowed FAR

There should be a certificate of occupancy record at the Department of Buildings for your property, many of them can be easily accessed online at:
http://a810-bisweb.nyc.gov/bisweb/bsqpm01.jsp
type in the address and then hit the button for the C of O, it should list the exact description. If it's not there, it's possible that it is not online and the record is at the DoB, or that the building doesn't have a certificate of occupancy, in that case the same site has the Department of Finance classification which would be helpful too.

Posted by: Smokychimp at January 16, 2008 10:40 AM in response to How to make sure if it's 2 fam or 3 fam???

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 in response to Confirming max allowed FAR

You kind of hit on something here which is that being a landlord suddenly forces you to be an economist too.

I would ask for the previous rental statements to get an idea from the owner what you can get for it at least. Bear in mind that a rule of thumb in the real estate industry is to assume one month of vacancy per year for your gross rental income estimate.

Posted by: Smokychimp at January 16, 2008 7:41 PM in response to to buy or not?

How many units in the building? Is the work taking place entirely within the unit, or is the work taking place in the egress path too?

Posted by: Smokychimp at January 17, 2008 9:04 AM in response to Fire rating and means of egress

Question -- you are certain there is no outstanding C of O on the building (in other words you have checked the DoB records directly?).

The renovation you've outlined above may not involve changing a C of O if none exists. The question is not triggered by the addition of the bathroom or combining the units. Instead it's involved in the "adding the extension" part of yoor work.

Adding any square footage to your building would involve establishing a C of O, and would involve an "alteration 1" category building permit (standard renovations are alt-2). The alt-1 process takes substantially more time, would involve zoning calculations, and has a different process of inspection, so it's generally considered more difficult.

If you're not adding square footage, the permit process is far more straightforward.

Posted by: Smokychimp at January 20, 2008 2:28 PM in response to C of O missing - do I need it for renovations

That is correct, the door and stair wouldn't need to be fire rated in that case.

Posted by: Smokychimp at January 20, 2008 2:33 PM in response to Fire rating and means of egress

There is a lot of great expertise on this board. But despite our collective smarts, I would suggest that in this case you are best off getting your advice from a lawyer familiar with HPD regulations, that you have paid (i.e. is professionaly accountable).

Posted by: Smokychimp at January 21, 2008 3:49 PM in response to Need Help - Converting a 6 family into a 5 family

Generally speaking, you're right -- a C of O must have been filed or the previous addition was completed without it. Keep in mind you should really review the building folder directly at the Dept of Buildings, since I have heard that not all C of O's are recorded properly online (although I have never run across this in my own experience, this is just what my expeditor tells me).

Regardless of whether it has a C of O, the DoB will have records which establish the lot size and built bulk. You'll need that to calculate the amount of area you can add.

Posted by: Smokychimp at January 21, 2008 3:56 PM in response to C of O missing - do I need it for renovations

To answer the question about construction cost, you could use a ballpark figure of $160 to $180 per square foot for purposes of an estimate, considering frame construction. $250 is more like Manhattan prices.

What is the zoning category for the building?

Posted by: Smokychimp at January 22, 2008 1:50 PM in response to Adding Another Floor- Cost?

Thanks all of you. After researching today it looks as if his FAR is within the limits, but I may get a zoning consultant for an expert opinion. Then, if I lose, adjust attitude; try not to hate the shyster bastard; grow ivy up it. Yeah, it's city life. Oh and thanks 6.14. My podunk town is London, England, where property is dirt cheap and developers are unheard of.

Posted by: KES at June 27, 2008 8:06 PM in response to Help! Developer next door ruining our house

I meant 9.27. Sorry 6.14.

Posted by: KES at June 27, 2008 8:11 PM in response to Help! Developer next door ruining our house

You know, I have this same problem. The guys who live below me play loud amplified electric guitar whenever the hell they want. They play at 7AM; they play at 3AM' they play at 11PM. Whenever they feel the need to release some artistic energy, they play their guitar -- really REALLY loud. It's so loud that it vibrates the floor that we share (their ceiling). My body shakes as I sit on the couch in pain and anger, trying to figure out how to get back at them.

We have spoken to them several times about it and they choose to not respect our wishes. We have called 311 and the local police department to notify them. The police can only stop the noise for 10 minutes and when they leave, the guys amp up again.

It's so frustrating. Please come by and annoy them: 86 7th Avenue, apartment 2. Maybe just ring their doorbell over and over at unusual hours.

Posted by: guest at June 28, 2008 10:10 AM in response to Noisy Neighbor Behind Brick Wall

Ysabelle,

The poster asked for a recommendation of an architect or engineer. Since Knockout renovations does the actual renovation work and is not an architectural or engineering firm, the recommendation was to call knockout renovations and pose the original question. my apologies.

Posted by: guest at June 30, 2008 10:51 AM in response to Architect / Professional Engineer Recommendation Needed -- simple jon

Ah, just starting a construction loan. I paid cash for the house and will put an equal amount into the renovation. The loan to value is very low- 50%. The bank will not pay on the construction day one /dollar one until I have paid the difference between the project cost and the loan amount. Someone above mentioned that it is very bureaucratic. Imagine a loan that is like medical insurance. You have to submit claims and hope that they pay them. In addition, each time the "inspector" comes to the site it costs you money ($150.00).

Posted by: guest at June 30, 2008 9:13 PM in response to Financing renovation through construction loan?

why in the world would you put yourself through that again? just change the C of O now. dealing with HPD is such a nightmare!

Posted by: guest at July 2, 2008 8:44 AM in response to renewing Cert of No Harassment?

hey 8:44, perhaps your renovation was a snap. ours isn't, and we are doing the work ourselves, which makes it slow going. your tone and ignorance don't belong on this post.

Posted by: North Sleeper at July 2, 2008 11:15 AM in response to renewing Cert of No Harassment?

Smokychimp...I'm 10:56 and I think you should clarify your statement, cause it's misleading.

Sure you don't need to retrofit older buildings to comply, BUT when doing a renovation on a older building, the renovation needs to comply with ADA accessible or adaptable.

Homeowners, when doing a renovation, please find a knowledgable architect to guide you through this.

When doing a renovation:
1 and 2 family - DO NOT need to comply.
3 Family - YES, accessible
Co-ops - YES, Adaptable. (that's right, when renovating a co-op, you need to make whataver you're renovating adaptable).

Please keep in mind that you only need to make what you are renovating comply, if you are leaving things alone in certain parts of the house, co-op, you don't have to change those.

Posted by: guest at July 2, 2008 1:42 PM in response to Accessible units for Brownstone?

So, it seems that if we are a 2-family, then we should not have to meet the guidelines?

What is not clear is that if everything is new, then we might....

Its just a problem because, as 4:37 posts "considerable expense" is a BIG problem.

We started at $150k and now we are close to $250k - and we were planning on re-using all of the original doors, but if we have to meet code then we lose all of that "value".

It also means that because we don't have the space in the current design we have to re-develop the entire floor plan. an additional 6 to 8" on the doors really wreaks havoc with hallways and the design in general.

Its also a gray area because we are keeping the primary load bearing wall thru the middle of the house, but we are replacing all the plaster and lath, so is that new or old?
the current doors in that wall are 30".
Same goes for the entry doors to the apartments, they are 34" and because of the stairs and the load bearing wall, we don't have even 2" more unless we are going to rebuild the entire load bearing wall - hence the costs just explode...

Anyway - we hope that because we are 2-family it will become moot once we figure out how this applies to our situation.

And thank you to those of you who live in adaptable spaces, and its nice to know that bathrooms and hallways feel spacious, but I would counter that I would rather have room in my bedroom to sit in chair - its much more comfortable than a huge hallway and bathroom - but this an opinion.

Posted by: whyrl at July 2, 2008 4:05 PM in response to Accessible units for Brownstone?

If you met the criteria established on your Certificate of No Harassment, get your CO amended. Slow-going or no-going, if you do not close out the amendment on HPD's and DOB's books, there are multiple ways it can come back to bite you. I suspect that 8:44 was speaking from experience, rather than from ignorance.

Posted by: guest at July 2, 2008 4:58 PM in response to renewing Cert of No Harassment?