Within the New York city area, the cellars and basements of some residential buildings may or may not be legally occupied. It can be hard to know what category you fall into. This newsletter will summarize the pertinent sections of the NYC Building Code (sections 27-2081 through 27-2088) that can help determine if you are qualified to have people living in a basement or cellar.
Not sure if you have a basement or cellar?
According to the building code
- The definition of basement is “a story partly below the grade plane and having less than one- half its clear height (measured from finished floor to finished ceiling) below the grade plane.”1 This means if the space below the curb is less than one half then it is a basement.
- The definition of a cellar is “That portion of a building that is partly or wholly underground, and having one-half or more of its clear height (measured from finished floor to finished ceiling) below the grade plane.”2 If more than one half of the space is below the curb then it is defined as a cellar.
It is important to know if you have a basement or cellar when reading the building code to determine whether your basement or cellar can be legally occupied.
There are certain building codes that need to be followed for a residential basement or cellar to be legally occupied. The first step is to determine whether the building or structure is a multiple family dwelling, a 1-2 family dwelling, a converted dwelling, or an old or new law tenement. There are different sections of the building code that tend to the requirements of each type.
For 1-2 family residences, a cellar can never be legally occupied for residential use. The building code outlines the air & light, ventilation, sanitary/plumbing, egress, and emergency/rescue exit requirements. See requirements.
For the code addressing multiple dwellings (sections 27-2081, 27-2082, and 27-2083) some of the main points for legal occupancy include proper light and ventilation, proper paint of ceilings and walls, damp-free space, adequate drainage of open space on the same lot as the dwelling, and compliance of applicable requirements of the multiple dwelling law.
Similarly, requirements for Old/New Law Tenement Housing Section 27-2081 through -2088.
If you would like consultation or or an inspection of your property for an assessment, please feel free to contact us.
1 N.A., “Chapter 2 Definitions” NYC.gov/site/buildings/codes/2014-construction-codes.page, NYC Buildings, 2014.
2 N.A., “CHAPTER 5 GENERAL BUILDING HEIGHTS AND AREAS; SEPARATION OF OCCUPANCIES” NYC.gov/site/buildings/codes/2014-construction-codes.page, NYC Buildings, 2014.