basement as a rental unit in a single family house (apartments, buying a house)

[heartbeat]

Does the building department allow a rental unit in a single family dwelling? Should I ask the state's or the town's building department for this question?

[MikePRU]

The majority of basement apartments are illegal in my experience. You can always check with the local buidling department.

[brightdoglover]

The house would have to be legally zoned as a two-family, and the apartment would have to fit all kinds of rules and regs for being legally rented- exits, fireproof, insulation, and so on. It would certainly be a town-by-town thing.

[mmyk72]

some towns don't care as long as there is no add'l kitchen (range for cooking). Having one would then req. permitting as 2 family which homeowners often don't want to mess with thus making the place an illegal apt. I actually live in an illegal apt myself in a single family house. My neighbors don't care since I'm a good resident (no wild parties, clean, quiet, etc.).

Pro to an illegal apt is that it is often cheaper, incl heat/elec/water/sometimes cable, internet.
Con: in a basement you are at risk of water leaks, higher humidity and muggy-ness, low ceiling, little natural light, and if no soundproofing, you'll hear every foot step from the main house. Mine is on ground level and I hear everything in the main part of the house (annoying).

[heartbeat]

Thanks so much for the replies. I will ask my town, but I am guessing it is probably not allowed.

[brightdoglover]

If a neighbor gets jealous of the illegal apartment/income, s/he can report you to the building dept. If the apartment is legal but the town doesn't know about it, your taxes will then go up. I know someone who did this (what a putz) because he was just ticked that the neighbor was getting rental income without paying taxes for the apartment.
If living in an illegal apartment, know that there is great liability regarding the lack of fire codes, etc.

[jayrandom]

Originally Posted by mmyk72

Pro to an illegal apt is that it is often cheaper, incl heat/elec/water/sometimes cable, internet.
Con: in a basement you are at risk of water leaks, higher humidity and muggy-ness, low ceiling, little natural light, and if no soundproofing, you'll hear every foot step from the main house. Mine is on ground level and I hear everything in the main part of the house (annoying).

If there's radon, the basement is one of the places where it will build up. How many people that don't care about local zoning laws are going to pay attention to proper radon mitigation? Just something to be aware of.

[tikaram]

Originally Posted by jayrandom

If there's radon, the basement is one of the places where it will build up. How many people that don't care about local zoning laws are going to pay attention to proper radon mitigation? Just something to be aware of.

That's a concern. What about finished and partially finished basements in general then? Since it's the lowest level of the house, radon would build up there? Often part of the main house is finished basement - like kids play room etc.

[jayrandom]

Originally Posted by tikaram

That's a concern. What about finished and partially finished basements in general then? Since it's the lowest level of the house, radon would build up there? Often part of the main house is finished basement - like kids play room etc.

Radon is a problem, but generally a solvable one. If you're buying a house it's one of the things you should check for and, if present, can generally be mitigated. It's just something you should be aware of if you're considering living in a basement apartment or considering converting your basement into an apartment. It's something you should be especially concerned about if you're converting your basement into a child's playroom.

[MikePRU]

Originally Posted by jayrandom

Radon is a problem, but generally a solvable one. If you're buying a house it's one of the things you should check for and, if present, can generally be mitigated. It's just something you should be aware of if you're considering living in a basement apartment or considering converting your basement into an apartment. It's something you should be especially concerned about if you're converting your basement into a child's playroom.

You can actually buy the test kits at Home Depot, Lowe's, and many local hardware stores. If you're buying a house, many of the inspectors sell the kits (although they're cheaper in the store) and some inspectors offer an electronic version of the test which gives you the results faster and I understand more accurately. The EPA has a recommended level of 4.0 pCi/L for radon. Above that they recommend you install a mitigation system. These systems cost around $1200-$1500 to have installed. They're basically a big PVC pipe that starts underneath your foundation and runs up the side of your home above the edge of the roof. Toward the bottom of the pipe there is a fan which creates negative pressure underneath the foundation of your house which essentially sucks the radon from underneath your house and shoots it out the top of the pipe so that it never enters the home. I've never seen a mitigation system not bring radon levels well below 4 in a home as long as it's functioning correctly.