Creating a basement apartment without applying for ADU/Permits

[Josh Spears]

Hello everyone,

long time patron, first time posting. I have a question regarding a building I’m currently house hacking . 

I live in a 3 unit in the bronzeville area with an unfinished basement that I want to convert to an apartment. My plan is to do 80% of the work myself, aside from the electrical wiring and HVAC install with the goal of it being a legal 4th unit. My question is, can I have it approved by the city after the fact without having to get plans, permits, unnecessary contractors, etc.? ideally I’d like to perform all of the renovations, leave the walls exposed and apply for the city to inspect and ok the work (read somewhere about a certificate of zoning compliance…. Is this cert applicable?). Is this possible? P.S it’s zoned RM-5 I believe. 

Any help would be great!

[Samuel Pavlovcik]

@Paul De Luca and @Jonathan Klemm, thanks for the mentions.

@Josh Spears Based on what you are looking to do, you would Definitely need to obtain a building permit through the City. As many have mentioned, this means hiring a Licensed Architect to draw up plans including Architectural, Structural, Mechanical, Electrical, and Plumbing information related to the Existing building and proposed scope of work, and to submit for the building permit.

Some "Good News" here is that since you are Occupying the building as your primary residence, and since it is only 3 Existing units, you would be able to handle some of the work yourself, as the City will allow you to act as GC, as well as Plumber, and Ventilation contractor. Note; and Owner-Occupant cannot Act as the Electrician for the project Unless they are in fact, a licensed ELectrician... While this can save you some money by utilizing your own "Sweat equity"; the City of Chicago can definitely be difficult to navigate, especially when it comes to getting Inspections. I have also heard horror stories of inspections being 5 weeks out from the time you call to schedule, which means that reinspections needed for failed inspections, can cause a Huge delay in timeline and therefore greatly impact profitability. Working with a GC who is familiar with the City can definitely proove to be More than worth the extra money you spent if you get the right people.

Whether or not you woudl be "Permitted" to add the unit would come down to compliance with both the Zoning Ordinances, and the Building Code. The Zoning Ordinances are typically the first roadblock, as depending on the Zoning Designation of your lot, and the overall square footage, you will be limited to a Maximum number of units allowed. If you do in fact have RM-5 Zoning, you are likely in a good position to be allowed to add a 4th unit "By Right" assuming you dont have a significantly undersized lot.

If for whatever reason you Cannot add the unit "By Right"; none of the Bronzeville area is included in any of the "ADU Pilot Areas" so that would not be an option for you; which means you would need to try to obtain a Zoning Variation which can be a long and expensive process with No guarantee of approval.

After it is determined that you can Legally Add the unit in accordance with the Zoning Ordinances; you will then need to ensure you meet the Building Codes for the new unit. Some of the Main "Big Ticket" concerns that frequently come up for Basement units include:

- Ceiling Height: You need a minimum of 7'-0" for "Habitable" space with some exclusions for soffits, bathrooms, etc. This may mean breaking up the slab and trying to dig down; which can have limitations based on the depth and condition of the existing foundations/footings, which when necessary can lead to Significant structural concern if it is determined that Structural Underpinning is needed.

- Natural Light & Vent: You will need to provide Natural light and ventilation to the newly finished "Habitable space". This likely means adding new windows which can definitely be expensive with Masonry construction, and depending on how tall the windows can be (due to existing conditions) you may need to add quite a few. You will also need to ensure that your windows providing natural light and vent to habitable spaces meet the minimum distance requirements from the propertylines. This means you may be Forced into locating your bedrooms Only on one side of the building.

- Water Service: Most existing water service lines to buildings are Lead service lines and are "Undersized" in order to supply the existing building in accordance with the latest Plumbing codes. That being said, if you are Adding fixtures (Bathroom, kitchen, laundry, etc.) you will be increasing the "Fixture count" and bring the building further out of compliance; therefore prompting a Water Service Upgrade (Which the City has been pushing pretty hard on). Depending on which side of the street the Main service line is on, you could find yourself trenching accross the entire street in order to run your new line, and also potentially needing an underground "Meter Vault" at the exterior of the building in order to maintain a meter that is "Publically accessible". As you can imagine, all of this can be a Huge cost, and you wont see the same "Benefit" of return on your investment as you would by spending that same money on cosmetic finish upgrades in the kitchens and bathrooms...

- Electrical Service: Since you are adding a new unit, you will need to priovide for a new electrical panel dedicated to that unit. Additionally, you will also need to ensure that each of the 3 existing units are already on their own panels, and that there i already a 4th Common electrical panel (5 panels in total for a 4 unit building). Depending on the conition of the existing panels they may need to All be replaced, and depending on the Size and condition of the existing Service line to the building, it may need to be replaced/upgraded in order to handle the extra Load of the basement unit.

One final note regarding the actual Permitting of this type of project. As @Crystal Smith had mentioned, finding a "Self-Certified" Architect can definitely provide great benefit as they have the opportunity to singinficantly reduce the permit review timeline on certain project types. Unfortunately, the City of Chicago considers Adding a New Unit within an Existing Building a "Disqualifying Feature" from the Self-Cert permit review process, which means your project will need to go through "Standard Plan Review" which will take significantly (think months) longer.

There's plenty more to mention and discuss on this specific topic, but I'm going to cut myself off here. (Thanks for coming to my TED Talk).

Hopefully this helps to provide a little more insight as to what would be Required by the City in order to legally add that 4th, Basement unit; which tends to be a Lot more than what most people may expect.