DOB Permission Needed for Bathroom?
Do I need to get permission from the Department of Buildings before I install a bathroom in the basement of my condo in Queens? I intend to get all the work done fully to code, but want to avoid waiting for the wheels of beauocracy to give me permission to do so. If I don’t…
Do I need to get permission from the Department of Buildings before I install a bathroom in the basement of my condo in Queens? I intend to get all the work done fully to code, but want to avoid waiting for the wheels of beauocracy to give me permission to do so. If I don’t get permission, would they ever find out and what would be the consequences?
Thanks.
We have the problem that we’ve bought and now find that the kitchen in the basement (which i believe is subject to exactly the same rules as bathrooms) is/maybe ilegal.
does the above contribution mean that we may have a claim against the seller/seller’s agent/other?
DPR
I’ve just been through this whole bathroom-in-the-basement process personally, so my 2 cents:
1) You should file for permits before you do this work. It will cost a little more, but not that much, and the bureaucracy is not as bad as you might think. The consequences of getting caught doing the work without permits can be severe and will end up costing you more in the end.
2) Should you go ahead and chance it (which of course a lot of people, including me, have done), it is not really any harder to get it legalized after the fact than before. BUT – that assumes the work is legal to begin with! If it’s not, then even if you don’t get caught while the work is in progress, then you may have a serious problem when you sell the house.
Zeebee, what happens if the bathroom gets put in. Is it hard to get it approved afterwards.
zeebee is exactly right.
DOB distinguishes between a basement and a cellar. A basement is at least 50% above grade, while a cellar is more than 50% below grade. Most ‘garden floors’ in rowhouses are considered basements by the DOB because of the grading (my house’s garden floor is about 15% below grade at the front of the house and is listed as the ‘basement’ in the plans our architect is preparing for the DOB). A basement is considered habitable space while a cellar is not. So, a basement bathroom is OK – a cellar one is not.
Cellar bathrooms are illegal because they don’t meet the DOB codes for habitability which include (but aren’t limited to) requirements for natural light and air, ceiling height, two means of egress and windows.
To the OP, if you want to be above board you need to file plans with the DOB and probably have an expediter grease the skids for earliest approval. An architect is one way to go, as s/he is familiar with the requirements and the process. Given the scope of the job, your architect should be able to give you a ballpark figure on how long approval will take – and it should be a few weeks, not months, as long as you’re not doing anything too weird that the DOB has never seen before.
If you don’t file plans, you’re on your own. You’re most likely to get ratted out by another condo resident (do you have to get approval from the board of managers for your work?). If you’re found in violation, you have to pay a fine and then either make the bathroom legal or rip it out.
(i’m NOT guest 10 am)
it’s illegal because a complete 3 piece bathroom means someone can potentially live there, which is not allowed in a cellar space.
anyway, just do it. worse case scenario you just have to remove the fixtures and cap the pipes. perhaps cover it up with some sheet rock. after the inspection or closing, re-install everything.
To guest 10 AM
Why is it illegal?
Several people have this in their house.
Please explain.
Thank you.
If you’re planning anything more than a powder room, you’ll be waiting a long time for permission – its illegal to have a shower, tub or kitchen in the basement (by basement, I assume you mean the cellar, not the ground floor)
OP here. To 11:12 PM — You’re right – I was sorta hoping someone would tell me it’s fine to just go ahead without getting permission. Probably not a good idea.
So can anyone advise me on the process? Do I submit plans to the city? Who creates those plans? How long does this typically take?
Any advice welcome – I haven’t dealt with the DOB before and don’t know the ground rules.
Thanks.