Hi –
We have been looking at a lot of lower duplex apartments to buy and we have discovered that the listing only includes the bedrooms on the parlor floor and up – the basement is a “rec room” although seems to be set up to be a bedroom. When asked, brokers have told us “we can’t list the lower floor as a bedroom.” But, often the current owner may use the space as a bedroom or the developer has built it to be a possible bedroom. Is this because of fire codes? What constitutes a “zoned” bedroom and how can I find out more about these kinds of rules?
Thanks


Comments

  1. If the space is not up to code you’ll run into problems with the bank and inspectors. Lots of people have bathrooms on the cellar level if there is a rec room, but my feeling is that illegal rooms are not a good buy on any level.

  2. Those apartments never sell for what a “regular” apartment with all bedrooms on a main floor would go for. I think that’s just important to keep in mind for when you resell. Personally, I would be wary of an apartment that has too much of the square footage in the cellar level. I’ve seen a lot of those basement floors get flooded in these older buildings.

  3. ok so if illegal, what happens when someone comes to appraise it? does owner (or buyer) have to take out the bath before bank will approve a mortgage? or do they just turn a blind eye?

  4. we are also looking at these (there are a lot around) and one concern I’ve had is that the apartment then won’t appraise as having the “real” number of bedrooms. For example we’re looking at one place being marketed as having 2.5 bedrooms but in fact only 1 is a legal one, the other two (or 1.5 or whatever) are both part of the rec room. both have big windows but the rooms are definitely at cellar level. presumably the bank appraises this as a 1 BR apt so it would be hard to get a mortgage big enough?

    also is it the case that it’s illegal to have a full bath down in a rec room?

    thanks! and sorry for hijack but hope it is useful.

  5. In a basement, at least one window must be a means of egress in the case of fire. There are a number of minimum dimensions and heights as well (like a sill height no greater than 44″ off the floor). But fixed security bars would make it moot.

  6. Thank you very much for the answers…that explains a lot. It seems to be an issue of light and air.

    One other question. In a brownstone duplex with the first floor as the garden floor, the front window often has the bars attached to the front of the building. Is it then the case that this room should not be a bedroom since the windows could not be used as escape in the case of fire? I know the bars could be replaced with those that open, but I wonder what people who choose to keep the old style choose to do. My sense is to not use it as a bedroom.

    Thanks, again.