Bathrooms In Basements vs. Cellars
I am purchasing a pre-construction condominium unit and the original floorplan is a duplex with a 1/2 bath in the lower level recreation room (categorized as a cellar). After a preliminary walkthrough, I discovered the 1/2 bath actually has a shower in it. It is my understanding that it is a violation of building code…
I am purchasing a pre-construction condominium unit and the original floorplan is a duplex with a 1/2 bath in the lower level recreation room (categorized as a cellar). After a preliminary walkthrough, I discovered the 1/2 bath actually has a shower in it. It is my understanding that it is a violation of building code because cellars may not be used as a habitable room as opposed to basements. The distinction is that cellars are more than 50% below ground while a basement is more than 50% above. Would someone please confirm this is accurate? Thanks.
I am in contract but the shower was not in the original floor plan and was put in after the initial TCO was approved. I am about to close and I definitely don’t mind having the additional shower but don’t want to be accountable for removing it in the future.
OP your msg is confusing. Are you in contract already for this unit? If so how did you miss the shower when you bought the place? Usually developers put in some piping so YOU can put in the shower or bath or whatever after you close. They do not represent anywhere that there is a shower because it really isn’t there. Also it is my understanding that it actually is possible to legally install a shower in the below grade basement if it is done according to code with a pump of some sort or something. Check with a licensed plumber for details on code though.
it mat be against code, so if there is an inquiry you could be in trouble. but the likelihood of this is pretty small. this is one of the upsides of selective enforcement.
Why would any prospective buyer demand you remove something valuable simply b/c it doesnt adhere to a law that isnt entirely logical nor enforced?
Its not like the DOB is knocking on peoples doors to see who has illegal bathrooms.
If this is new construction then theoretically its already passed inspection so i don’t see what you are worrying about. Even if by some chance you are right and it is illegal (which i don’t know for sure), i don’t see why the city would sign off on something and then turn around and say its illegal.
Wouldn’t it get inspected with a sale?
If the floor is 50% below grade, then yes, it is a cellar and a full bath would be non-compliant, technically. But like the above post says, it’s not a big deal. The building department doesn’t get involved until you do work to the area. Unles you plan on renovating the bath in question, then it’s basically a non-issue.
– NYC architect.
I would be responsible for removing the shower if I sold the property in the future.