Roof Deck Not Up To Code
My wife and I are looking at a co-op with roof rights. The roof currently has a deck, which the sellers have disclosed is not up to code. Question: what are the chances that our lender will require us to remedy the situation before allowing us to close? What consideration should we take if we’re…
My wife and I are looking at a co-op with roof rights. The roof currently has a deck, which the sellers have disclosed is not up to code. Question: what are the chances that our lender will require us to remedy the situation before allowing us to close? What consideration should we take if we’re thinking about making an offer? And finally, how much does it cost to build a modest roof deck (maybe 200-300 square feet) to code?
Thanks, all good things to know. We don’t know exactly what the code violation. It is a wood deck that takes up about 1/2 of the full roof, all the way up to the edges, which sounds like a problem to me. It also looks like it sits directly on the roof. There is a fire escape and a proper stairway up to the roof, so at least it is accessible.
I hadn’t thought of the question regarding the CofO. We’ll have to check in with the board on that. These will be good things to discuss with our lawyer if our bid is accepted.
Ask the seller what makes it not up to code. (Of course, follow up with your own due diligence, but they already told you that it is not up to code so it stands to reason they will tell you why.) Then you can go from there.
The apartment may have roof rights, but does the building’s certificate of occupancy allow for recreational use of the roof? It’s a question that must be asked. If everything’s not up to par, the seller at their own expense should remove the deck so as not to cause any mess with the buildings department or anyone else down the line.
and to note, if you were really worried, stipulate that they remove the deck before you move in as part of the sale. Headache gone.
I would be most worried about weather you would be properly insured if something ever happened related to that deck if it’s not a legal. Fire, Injury etc. If it were not up to code, you would be in serious financial and legal jeopardy. Especially if it’s a row of houses, you cannot prevent others from walking over to ‘your’ roof.
I think the OP needs to ask someone in the mortgage business, like Adam Dahill. You could casually ask your bank as to what would be the effect if anything were fouind not meeting code without indicating knowledge of such.
It’s impossible to say. Is it not up to code because it is a wood deck on a fireproof building? Or because the railings are not high enough or spaced improperly? or because there is no emergency exit? Some of those things are easily remedied others are not. But in any case, I do not believe that the NYC DOB has much interest in private roofdecks I really don’t. There are so many things in almost every old house in Brooklyn that are not “up to code”.
Brownstones are basically completely non-code complying. If you worry about things like that you need to buy in a brand-new building.
random inspection???? ROTFLMMFAO. You don’t have to let the DOB in and never should.
This will likely never be discovered unless you have a nasty neighbor that you get into arguments. Can’t answer as to whether the bank’s appraiser will find it nnot to code. That’s not really their job and its most likely that the appraiser is not totally up on all things code.
A better question would be: Can we afford the fine when the DOB does a random inspection?