Having a bathroom in a basement in NYC is legal. To make the explanation clearer, we need to distinguish between a cellar and a basement. Notably, most people use the terms interchangeably, oblivious to a significant legal distinction between the two.
This article will discuss the legalities of putting a bathroom in a basement or cellar in New York City.
Differences Between a Cellar and a Basement
A modern bathroom
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To start exploring the differences between a basement and a cellar, what is a basement and what is a cellar?
What is a Basement?
A basement is a story within a building that is partly below ground level but not more than 50% below ground level. In addition, a basement’s minimum ceiling height is 7 feet, and it must meet the Housing Maintenance Code’s minimum room size requirements. A basement can be utilized as a residence and has habitable space in residential zoning districts. As long as they meet all other code standards, basements can have usable space such as bedrooms, kitchens, living rooms, and bathrooms. While having an apartment in the basement is legal, it must be stated on the Certificate of Occupancy.
What is a Cellar?
A cellar is a floor in a building that is entirely below ground level or more than 50% below ground level. A cellar is not a story, does not have habitable rooms, and cannot serve as living quarters.
With the distinctions between a basement and a cellar defined, you might wonder if it is illegal to have a bathroom in a cellar in New York City.
In a technical sense, no, it is not illegal. However, before attempting to install a bathroom on your cellar floor, you need to meet some specific standards.
Requirements for Installing a Full Bathroom in the Cellar
The Zoning Resolution enables a cellar to have auxiliary spaces not used for living purposes. A bathroom isn’t usually thought of as a living space. As a result, the following items may be found in the cellar of a one- or two-family home:
- a lavatory
- a water closet
- a bathtub or shower
A cellar in a household must meet the following specifications before you can legally install a three fixture bathroom:
- The cellar is open and without walls except for enclosures for a boiler room, a laundry room, and windowless storage utility rooms.
- The cellar is connected to the apartment above by an unenclosed stairwell.
- A stairwell and an operable door lead from the cellar to the outdoors.
- The cellar has a smoke and carbon monoxide detector installed.
- Other than laundry (slop) sinks, washers, gas dryers, and accompanying piping, the cellar has no other fixtures or roughing for future fixtures.
- If the cellar incorporates a garage, the garage must be isolated from the cellar by one-hour fire-rated construction and appropriately ventilated.
Violations in installing a three-fixture bathroom in the cellar of a one- or two-family house usually result in fines for the building’s owner.
Check our article, Violation for having a full bathroom in a cellar, to understand all the requirements from the New York City Department of Buildings to have a full bathroom on a cellar floor.
Conclusion
Indeed, having a bathroom in a basement in NYC is legal. Moreover, in most situations, illegal bathroom fixtures are related to unlawful cellar conversions. Therefore, homeowners need to ensure their cellar conversions are legal and up to standard. To help you determine whether or not your cellar qualifies to have a full bathroom or to have your plumbing violations sorted out and removed, contact us. We are ready to help.