Windows in an “Attic” Space?

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    Hi,

    We’ve put in an offer on a new construction condo in Brooklyn which includes a room designated as an “attic” space. The room is finished (floors, electrical, heat). Ceilings are pitched from about ~6’6″ to ~8′. Our assumption is this was a way for the builder to slightly exceed the FAR with an attic allowance (which lines up with our reading of the regs). We’re wondering what the legal/code/zoning issues might be surrounding putting windows in such a space. Googling as proved futile. Any tips for how to figure this out?

    6 Replies

    1. The answer is that it depends on the zoning district. At the most recent major zoning amendment adopted by the city council on february 2 of this year all attic spaces are considered floor area for high density zoning regardless of height even if the area is non-habitable versus in low density it will depend on the height. Therefore it is only a code habitability issue which does not restrict window allowance as it is no more a floor area issue and is non-habitable if less than 8 feet anyway.

    2. dob probably wouldnt let them put windows in cause it wasnt legal living get sposor to approve before board takes over

    3. You should check with an architect.

      I have a similar attic with 2 windows & 2 skylights. Difference is those openings have been there since the 1800s, but DOB has not counted it in the square footage of the house. You also need to check what the condo rules allow.

      My understanding is that anything under 8′ clearance doesn’t count toward FAR, but don’t take that as gospel.

    4. Good evening, the only issue i see is that if u install a window in this space then it would be considered a habitable space, most likely there is no additional useable floor area therefore u wont be able to utilize this space, those this building have an existing certificate of occupnacy if so read the floor where the attic is and it should tell u if its habitabe or not

      Good luck

    5. Good evening, the only issue i see is that if u install a window in this space then it would be considered a habitable space, most likely there is no additional useable floor area therefore u wont be able to utilize this space, those this building have an existing certificate of occupnacy if so read the floor where the attic is and it should tell u if its habitabe or not

      Good luck