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…
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.
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.
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.
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.
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.
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).
If you have to build to afford the house maybe you should look for another another property, given the circumstances.
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?
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.
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?