Government restrictions for basement renovation into living quart

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Government restrictions for basement renovation into living quart

Brandon James
WASHINGTON, DC · Member since 2014 · 27 posts · 4 votes

Hey I'm Brandon. Living in the Washington DC area. Just recently bought a 2 family flat (with a potential unit in the basement) where I will live in the other one with my wife. I called DC business office for "Certification of Occupancy" since I need this in order to receive payments from housing help for my tenant and to become a business. The person in the DC office said that in the area, the government states that the property can not have basement living quarters. Is this true? If so, I'm highly pissed....I didn't know the government can restrict you from doing anything with the basement...this is one of the reasons why we bought it for potentially more money...please help! 

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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
10y

In DC the ceiling height in a basement needs to be 7 feet tall and you need 2 locations of egress out of the basement in order to have a legal basement unit apartment. However if it is already a 2 unit property, there may be zoning restrictions preventing it from going to a 3 unit property.

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  • Bill Paesano
    Entreprenuer/Investor · Rochester, NH · Member since 2015 · 32 posts · 3 votes
    10y

    How was the property listed when it was sold to you? Did you ever ask your REA if it was possible to use as rental?

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    In DC the ceiling height in a basement needs to be 7 feet tall and you need 2 locations of egress out of the basement in order to have a legal basement unit apartment. However if it is already a 2 unit property, there may be zoning restrictions preventing it from going to a 3 unit property.

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  • Brandon James
    OP
    WASHINGTON, DC · Member since 2014 · 27 posts · 4 votes
    10y

    @Bill Paesano It was listed as a 2 unit multifamily. Never asked.....it was always stated to us that it can be coverted to a potential living space..

    @Russell Brazil yes, that is what he said....the area is not approved for basement living....so am I screwed?

    Do I have to follow what they say?

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  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Yeah, part of the gov't's job to keep you from putting someone in a death trap....therefore, you have building codes, inspections, etc.  If it's not zoned for 3 units, it's a moot point anyway.

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    You should consult with DCRA on the issue. Nor sure who the Business Office is that you consulted. If it is DCRA then that is likely the final word on the subject.

    I'm a bit unclear though...are there already 2 units in the property and you want to add a third? Or is it 1 unit and you want to add a 2nd unit in the basement? The latter I always thought is permissible anywhere given the guidelines of 7 foot ceiling and 2 forms of egress. The former is not always possible as zoning restricts in many places going from a 2 to 3 unit.

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  • Brandon James
    OP
    WASHINGTON, DC · Member since 2014 · 27 posts · 4 votes
    10y

    @Russell Brazil There are two units and the basement would be the third..

    @Wayne Brooks thanks...there has to be a way!

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  • Todd Heitner
    Specialist · Huntingdon, PA · Member since 2014 · 160 posts · 59 votes
    10y

    I'm just curious, were you planning to rent out the upstairs or downstairs?  I would guess most of the restrictions would be primarily for an area you're going to rent.  If you were to live in the basement yourself and rent out the upstairs, I would think you'd have less hassle.  Not sure if that's an option, and I'm not recommending it because I'm not sure of the legality, etc.  But just throwing ideas out there.

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  • Brandon James
    OP
    WASHINGTON, DC · Member since 2014 · 27 posts · 4 votes
    10y

    @Todd Heitner I was planning on renting out one of the 2 units and I live in the other....But, eventually make the basement into a third unit..

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y

    You arent screwed , its a 2 unit already . Isnt that what you bought ?   You should have checked with the building dept before you bought . 

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  • Chris SeveneyBusiness Member
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    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    10y
    What they said is it could be living space - which it could for the first floor unit (additional space) - there is a big difference between livable space and a separate rentable unit. Think of a single family house with unfinished basement - that can be made into livable space but not necessarily as another rentable unit (i.e. Fairfax county as an example)
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  • Peter Forrest
    Washington, DC · Member since 2015 · 55 posts · 13 votes
    10y
    I think there is a way, I do similar investments often- creating legal apts or creating legal bedrooms in basements. Just got inspections done, and passed in NE & SE. If you need a section 8 tenant as you say, you are probably in NE/SE area, and I haven't come across these restrictions. For your renovations, I would encourage you to look up the code. It's online and pretty straight forward. For instance, your ceiling heights can be 6'8" under ducts and beams (very helpful in old townhouses)not all windows qualify as egress Etc.The work would need to be inspected, and you can use DCRA or a private company such as Bello and Bello. Through this route you can get your certificate of occupancy. On another note, DC housing is worse than the DMV, I would call again or go there in person to see if you can get a second opinion.
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  • Valerie Hiscoe
    Investor · Richmond, BC · Member since 2013 · 316 posts · 133 votes
    10y

    If you find out that, for whatever reason, you are unable to turn the basement into a third self-contained unit, you could still have the option of househacking and turning into a room for rent. Short or longer term, students, visitors, whatever. Not the same thing I know but...

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  • Cynthia Hartley
    Investor · Washington, DC · Member since 2014 · 81 posts · 47 votes
    10y

    Hi @Brandon James,

    Good news and bad news. DC has recently rewritten the residential zoning codes to allow homeowners to make changes to their home by matter of right than matter of exception. These new regulations go into effect in September/October. That is the good news.

    The bad news is that according to the draft version of the regulations, section 203.1 states that "In all R (Residential) Zones one principal dwelling unit per lot of record shall be permitted by right". Section 203.2 states that "In all R zones one accessory apartment shall be permitted per lot of record subject to D 1607". D 1607 describes Accessory Apartment Conditions.

    So, since you purchased a house with two units, DC considers one unit as a principal dwelling and the other unit as an accessory apartment. A basement unit would be a third apartment, and must also follow accessory apartment conditions. What is more common is adding a 3rd floor to a building rather than converting the basement to an accessory apartment, if one wants to add a 3rd apartment to an existing building.  In either case, you would need special zoning permission from DCRA, which can be a very detailed and long process. That said, it is not impossible.

    Good luck.

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  • Matt Medvene
    Developer · Washington, D.C. · Member since 2014 · 39 posts · 15 votes
    9y

    Tagging on to what Cynthia stated, assuming your property is zoned R-4 (which most rowhome-residential properties are in the District), you are already classified as a 2-family flat which is the max you are permitted "by right" without needing special exemption. Once you pass the 2-unit threshold in R-4 it gets much more complicated as you trigger various requirements (i.e. need to provide 1 parking space, 2700 sf lot, etc), all of which you will need to go through the BZA process to get an exemption from having if you don't have it already. Depending on the conditions of your property/lot, it's certainly possible to get these exemptions, but it will cost you (zoning attorney, fees, inspections, permits). It's this reason why there are so many "illegal" unregistered basement apartments in DC.

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  • Andreas MuellerBusiness Member
    Real Estate Agent · Nashville, TN · Member since 2019 · 375 posts · 181 votes
    7y

    Does anyone know if there are Restrictions for just renovating your basement if you are living there as your primary residence? 

    I was told by my architect that I can’t renovate my basement because it is not an average of 7 feet high, it’s very close at 6 foot nine, but I am living here.  it’s just my basement that I want to make nice after I purchased the home that I will eventually flip. Any knowledge or advice anyone? It seems crazy I can’t even renovate my own basement just because it’s not exactly 7 feet high. help!

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  • Jared W SmithBusiness Member
    Architect · Westchester County, NY · Member since 2018 · 681 posts · 476 votes
    7y

    @Andreas Mueller Your architect is right. Has nothing to do with what you think you should be able to use the space for. It's the building code. Minimum head head is normally 7 ft. There are variances down to 6'-8", I believe, but not for habitable spaces.   FYI- Attached. 

    Disclaimer: I am an architect, but I am not YOUR architect. I am not giving professional advice only general information. Contact a local architect/engineer for a detailed consultation specific to your project/locale. 

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  • Eric Teran
    Architect · Alexandria, VA · Member since 2016 · 317 posts · 371 votes
    7y

    @Andreas Mueller I agree with @Jared W Smith.

    If you are planning on renting or selling the house in the future you cannot count that as occupied space. For example, the basement square feet would not count towards your overall house area.

    However, if this is only for personal use then I would just fix it up. It is like an attic where you can make it nice and use it for storage or for kids to play. You can do the same thing for a basement. You have the right to make it look nice. You can even make a crawl space look nice. I also would not mess with the structure.

    Good luck.

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  • Andreas MuellerBusiness Member
    Real Estate Agent · Nashville, TN · Member since 2019 · 375 posts · 181 votes
    7y

    Wow ok good to know. Just a few inches short and it totally changes the value of the home. Holy heck! Appreciate it you guys. 

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