Do I have a basement or a cellar?

I’m trying to figure out what I can legally do with my basement/cellar space for my own family use (i.e. putting in shower/bath). The basement was configured to be accessed directly from inside the ground floor apartment (used to be accessed from the common hallway) by the previous owner (this was all done with construction permit from what I see on the DOB site as part of a bigger renovation). I know this issue has been covered a ton, but I’ve read those posts and am still unsure so I need people to please hear out my situation and see what you think…

From what I’ve gathered, the front window height (or sill height?) in relation to the curb height is the big factor, correct?

Here are the facts (maybe even more than needed), you make the call:

Window in photo is looking out on street.
The concrete sill, a few inches below the bottom of window, is basically at the same height as the concrete slab which makes up our front yard.

However, the concrete slab in front yard is raised about 8-10″ up from the sidewalk so when you come in our front gate you step up (our whole front property is raised up over the sidewalk/curb height). You can see our front gate in photo- it may look like its bottom is level with car on street, but its not. So our property is above sidewalk level.

From bottom of sill down to basement floor is 48″

From bottom of sill up to drywall ceiling is 42″

From sill to bottom of window frame is about 6″

Total height from drywall ceiling to basement floor is 90″ or 7 1/2 feet.

So clearly we appear to be more below ground that above, but….

If the height from floor to sill is 48″, you could say that is the same height as the basement floor to the level of the concrete front yard. But is it all in relation to the sidewalk curb height? If so, then since the sidewalk is a step down from our front yard then that makes out basement floor to sidewalk curb level about 8-10″ lower, since the front yard is raised up. In that case, we would then be more above ground (i.e. the ground at the curb) then below.

Have I lost everyone yet?
Any important info I left out?

Does the backyard height matter at all? Back there, we’re significantly more under ground level.
Also, there is a full height door both in the front under the stoop and in the back of the building, plus interior stairs leading back into the apt (if that matters).

You make the call- basement or cellar? Hmmmm…..


What's Your Take? Leave a Comment

  1. Basements are allowed to have 7 foot ceilings:

    “No additional room shall be created unless made to conform to the requirements of this subchapter except that in basements of one-family dwellings existing on January first, nineteen hundred eighty-two, and in basements of all other dwellings existing on January first, nineteen hundred forty-eight, the minimum clear ceiling height may be seven feet for the minimum area.”

  2. taking off the ceiling drywall is probably not a way out because of building code restrictions (i bet there is plenty of wiring and plumbing under that drywall). That said, i have seen many people getting away with a 7 1/2 ceiling height in a basement. If the sidewalk is less than 45 inches higher than your basement floor you should be able to get a permit.

  3. Ooooh- didn’t think of that, landl0rd.

    What if I take off the ceiling drywall- can I add on the space up to the floorboards above? 🙂

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