I did a little googling and a search here, but the post on converting exterior space to interior piqued my interest, as I hope to someday do a little enclosing myself on my own home. The question I have is about FAR. Technically my house is listed as a 2 story home. However, the basement level is converted to the sleeping floor of my ‘owner’s duplex’. This level has windows and exterior doors, but is accessed by descending 2 runs of 4 steps each that lead to a door under my main stoop. My question is- does this floor count toward my FAR? The top of the windows for that level cap at street level. If it does, my FAR is over the 1.25 allowable at 1.4, but if it doesn’t, then I am under at .8. Can someone help me shed some light on this?


Comments

  1. The city has recently lost a suit where they wanted to include cellar space as floor area so they did something else. Changed the law!!Nike air max pas cher,Nike air max

  2. A basement is always FAR and a cellar is not. However, (all architects out there don’t get wild now) a cellar if used as habitable space is floor area as well.

    The city has recently lost a suit where they wanted to include cellar space as floor area so they did something else. Changed the law!!

    Time to get our commissioners out the same they are doing in Tunisia / Egypt / Lybia ?

  3. There are many other threads on this issue. But if your windows “cap at street level” – does that mean that the top of the windows is at street level (i.e. the rest of the window is below grade)? If that is true, then your lower level is a cellar, and is not habitable space (meaning no bedrooms or full bathrooms can be down there). If the windows are more than 1/2 above grade, then it is a basement. Nike air max

  4. To further confuse the issue – if it is a basement, and if it is classified as storage rather than occupied space, it may not count toward the far. There are quite a few houses though that have bedrooms, etc., in the basement (not cellar), and are those legal? If they existed before codes changed (did they?) are they grandfathered in as being legal?

  5. My building does not have a C of O. However, I started looking up houses on my block that have had recent work done and the ones that had the C of O call it a ‘basement’ and it lists habitable rooms.

    What I don’t understand is how all of the work was done on my house in 2003-2004 and they never had to file a C of O, or obtain one… Is that weird?

    So this means going forward that if I want new work done, such as enclosing my terraces, I’ll have to buy someone else’s air rights? Is this right? Or is their some other process that doesn’t involve purchasing space from your neighbors.

  6. Check on the C/O if the space is listed as cellar or as basement.

    You might be able to view a copy of the C/O on the DOB website: http://www.nyc.gov/html/dob/html/bis/bis.shtml

    If it’s listed ont he C/O as a cellar, it’s not livable space and it shouldn’t count for the FAR. But, as edifice rex said, if it’s a basement (less than 50% underground using the street curb as 0 level) it should be part of the count for the FAR.

  7. You need to level from the mean height of the curb. With a ceiling height of 85″ if your floor is more than 42-1/2″ below that point it does not count towards your F.A.R. If it is less it counts. Get a cheap laser and check.

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