"For Storage Only"

[Lauren C.]

Hi BP Community,

I toured a 3 story duplex yesterday in New Jersey and with some small changes, this property could be a great investment. There is just hang up. The property has an illegal third floor 1 bed 1 bath apartment.

In order to make the deal profitable on my end, I would want to remove the kitchen in the third floor, leave the current 3rd floor bathroom and bedroom and legally combine it with the 2nd floor unit via the existing stair case making a 2-floor 3 bed 2 bath unit. The agent stated that the third floor is legally usable for storage only. So my question is, what makes a floor an approved living space? Do I just have to add a fire escape or some other safety features? Is converting the space from "for storage only" to a legal living space difficult? I've looked through the towns zoning documents for a while and I just can't seem to find anything.

Any information would help.

Thanks all!

[Ned Carey]

@Lauren C. this will depend on local codes. The agent could simply be wrong. Most agents are not experts in building codes. 

The ceiling height can be an issue. Is there a window. Is the window considered egress or do you need a fire escape? Is there some limitation on the staircase? I have a single family home where the Section 8 inspector said it didn't count as living space, because you had to go through a bedroom to get to the staircase. 

The  bathroom may have it's own requirements.. In my area a window or a vent is necessary. A vent is easy enough to add.