To clarify, New York City defines a basement as a floor that is located partially below the sidewalk level, where at least half of the height extends above the sidewalk. A basement, on the other hand, is more than half its height below the sidewalk level. For building owners who are considering finishing their underground space as an additional apartment, New York City law prohibits the rental of basements. However, finished warehouses can be occupied under certain limited conditions.
In those cases, family members or families living in the house can occupy the basement. The basement of a single-family or two-family home may also be occupied by a current member of the household. However, basements cannot legally be used as facilities for sleeping, eating, or cooking primarily. These spaces can be used for cooking as accessories, as long as the homeowner obtains approval from the Department of Buildings (DOB) before installing a secondary kitchen.
The New York State Multiple Housing Act governs basement conversions into residential properties with three or more homes. Before hiring a design professional or contractor, visit the DOB website to check the licenses and disciplinary records of construction professionals. And don't forget to follow these risk management tips to hire contractors. Make sure that the design professional or contractor obtains a letter of completion or certificate of occupancy issued by the DOB after finishing the work.
The document you need depends on the scope of the project. As with any home improvement, contact your insurance broker to update your policy. Basements are often damaged by water. Some cases are covered by homeowners insurance; others require special coverage.
Talk to your broker to make sure you have adequate protection. An experienced insurance partner can also provide you with guidance on how to reduce the risk of flooding in your newly finished basement. Stuart (Stu) Cohen, an independent insurance agent and founder of the New York City Homeowners Insurance Program, has specialized in insuring real estate in the New York City metropolitan area for more than 48 years. He is an insurance agent, broker and consultant licensed in New York, New Jersey and Connecticut.
When applying for a permit to build a basement in New York, you must submit construction plans that have been prepared and sealed by an architect or engineer licensed by New York State. These plans should include floor plans with the dimensions of the rooms, the location and use of each room, the mechanical equipment, the electrical panels and the designs of the plumbing accessories. Emergency exhaust openings, dimensions of the stairs and ventilation requirements must also be indicated in the drawings. Consulting professionals in the field of design and architecture will help you create accurate plans that meet all necessary requirements.
Yes, you need a building permit in New York City before beginning most construction projects. However, you don't need permission for certain minor modifications. While finishing a basement can expand a home's living space, this home improvement project involves additional considerations in all five boroughs. For example, installing new kitchen cabinets doesn't require a permit, but contractors must have a home improvement contractor (HIC) license from the Department of Consumer Affairs.
However, it's important to note that while a permit may not be required, contractors must hold a home improvement contractor license from the Department of Consumer Affairs.
