Cellar Requirements
I’m looking for the info on making a cellar “habitable”. Does anybody know what hieght it should be and what are the light requirements? I guess it’s a question for the architect. Did anybody tried to do itwith DOB? Any info will be greatly appreciated.
I’m looking for the info on making a cellar “habitable”. Does anybody know what hieght it should be and what are the light requirements? I guess it’s a question for the architect. Did anybody tried to do itwith DOB? Any info will be greatly appreciated.
write me in a few days. I have a brooklyn cellar legalization in process now. I was told by 2 of the prefilers that it can only be open space with the bathroom limited to 5’x5′ but will know for sure after the plan exam what is required/allowed. There is some confusion if a cellar needs to be counted as FAR..I saw a court case that was appealed in which the BSA wanted it counted but the court
ruled the code plainly states it is not counted and they
reversed a lower court decision. It was interesting in that is was a battle of doctrines of plain words vs intent.
But when you start talking “habitable” that brings in light, ventilation, min clg heights, proper stair access, and FAR.
http://www.westchester-architects.com
Thanks to all who posted – this is really helpful.
Cellar can be habitable under certain conditions. See post above.
If interested in the code sections that permit habitable spaces in cellars (with many restrictions), see the following:
Zoning Resolution 12-10 (Definition of Floor Area, exclusions, generally cellar is excluded from floor area except if it is used as a habitable space in a dwelling unit)
MDL Sec 34, 6
HMC Article 34
and BC 27-733 (assuming the building was exg before 2008)
Most people wouldn’t convert a cellar to habitable because it counts as floor area, and you’d rather have all floor area above grade because of the quality of the space…
the most you can do in a Cellar is a Rec Room. you can not have “habitable” space in a Cellar as per code. There are specific requirements to even have a Rec Room in a Cellar such as light & ventilation and it can not be larger than the space is it accessory to above.
Almost always NOT permitted but cellar is permitted as habitable space under limited circumstances.
You need an architect –
Zoning, building code, Housing Maintenance Code and Multiple dwelling law all have separate provisions/requirements for making cellar habitable.
Among them –
Cellar must be counted as floor area, light and and air requirements must be satisfied (same basic requirements as any space but adjusted for the fact that windows are by default very close to grade) and so on and so forth.
I have done it once but it was complicated and the big thing is that you have to count the cellar as floor area whereas it is usually not counted.
Alternatively you can have it as a recreation space/ordinary use without counting as floor area. Brooklyn is strict about this and may require a restrictive dec.
You’ll also need to check the FAR to verify that additional habitable square footage is allowable.
Kyle Page, AIA, LEED AP
Sundial Studios Architecture & Design, PLLC
If allowed you would most likely need to file a declarative that the cellar would not be used as an apartment.
Jock deBoer, AIA
deBoer Architects
HPD FAQ re: occupancy of cellars and basements in 1- and 2-family dwellings. Obviously, NYC law and building code contains far more detail, limitations and requirements than what you’ll find in this brochure: http://bit.ly/info/dfXwZe
MacDonough Street collapse. ‘Nuf said.