Unpermitted Construction
We’re looking at a pretty nice two family that an extension instead of a back yard. The extension fills what was the yard and the DOB doesn’t seem to know a thing about it. What kind of headaches are we looking forward to if we make an offer and it is accepted?
We’re looking at a pretty nice two family that an extension instead of a back yard. The extension fills what was the yard and the DOB doesn’t seem to know a thing about it.
What kind of headaches are we looking forward to if we make an offer and it is accepted?
unless it is a corner lot , which it does not seem to be
a 30′-0′ rear-yard is required.
The only permitted obstruction onto the rear yard is a green house , which i assume this extension is not.
and unless it existed prior to enforcement of the C/O
it can not be legalized ,
any money spent would be a waste irrespective of what anyone
says, and would not yield any positive results.
sherwin mirzai
group 2 architects engineers
516-320-5444
“Jim….what would trigger the necessity to knock it down or legalize it??? Can’t it just exist through transfer & transfer?”
Here’s the deal with zoning violations, if the structure does not comply with the current zoning code, you need to prove that it was in existence before the 1961 code revision. This can be done by getting copies of tax maps or C of O’s from prior years showing your building. I just did that this morning for a client. The Brooklyn DOB and Dept of Finance right across the street were both actually very helpful. We were able to get an old tax map showing our building in 1929.
If you can do that, then it’s grandfathered. If not, then you have to legalize it. In your case, if it’s a residential building and does not have any other special provisions allowing it to occupy the full lot, then you would have to remove the portion projecting into the rear yard. As pointed out above, this is almost always 30′ from the rear lot line.
Of course this work is typically only required if you’re planning to do work requiring filing with the DOB.
When you do legalize the existing building, you’ll also need to make sure it meets the current building code: egress, light and air, room sizes, etc.
You would do well to pay an architect a couple hundred bucks to visit the house with you and look at these issues in person.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
jim(at)urban-pioneering(dot)com
www(dot)urban-pioneering(dot)com
guikazoid: In most residential zones a minimum 30 feet rear yard is required on a mid-block lot as-of-right.
Of course variances and special permits can be applied for and secured to reduce this number.
How much backyard space does a home need to have in order to be legal?
Don’t make any serious decisions based solely on Property Shark.It is not that reliable. They have a 15 foot error on my building. Does the DOB show an extension? If it truly fills the lot, unless it is a corner lot or a very shallow it could be a problem. To get a useful answer you will have to pay some or do some legwork on your own.
btw, there is no way that a full filling up of your yard with an extension meets the code for setback, so count on losing that space and demo costs into your bid
i had a similar problem with an addition from a 1934 addition that varied from the title search documents… i had to put 3grand in escrow at closing and ultimately had to tear the addition down, since there was no way that it met current code
Jim….what would trigger the necessity to knock it down or legalize it??? Can’t it just exist through transfer & transfer?
This one might be egregious since it “fills the backyard” but what about smaller extensions and all the unpermitted decks throughout Brooklyn.
If the addition was indeed built without a permit, then you’ll have to knock it down or legalize it. Legalizing it basically means making sure it’s up to code and submitting drawings stating so.
You say that it should have an extension that fills the rear yard. That’s a potential problem. Depending upon the zone and the building’s location on the block, there’s a good chance that it’s in violation of the rear yard requirement. Before committing to anything, I would get an architect involved. You’ll need some very specific information to determine the legality of it and what the possible course of action would be.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
jim(at)urban-pioneering(dot)com
www(dot)urban-pioneering(dot)com