A Couple Gets a Lesson on Building Codes and Alteration Agreements

July 21, 2015 — A couple in Midtown owns a studio apartment in a prewar co-op. They use it as a pied-à-terre, but are considering buying the one-bedroom next door to expand their space. Thanks to an elevator shaft, the two apartments cannot be combined. "This does not trouble us because the apartments are the only two on the floor," the couple tells Ronda Kaysen in this week's Ask Real Estate column in The New York Times. "Since we will not need two kitchens, we would like to remove the kitchen from the one-bedroom, enlarging that unit’s living room, and just use the studio’s kitchen. Do any laws or regulations require an apartment to have a kitchen?" That's a very good question, and one that highlights why potential buyers should check out Co-op/Condo Buyers corner where you can find tips on buying an apartment in the city. In this case, the couple will be getting a lesson not only in the types of renovations that are not allowed because of building codes but also the importance of alteration agreements. Kaysen explains that "the city requires all apartments to have [a kitchen]. So unless you combined the units, the Department of Buildings would never sign off on [the couple's] plan." It's also a matter of perspective. When we buy an apartment it's very easy to think, well, it's mine and I want to make this change. Why shouldn't I be able to? But when you purchase into a co-op, it's not just about your home, but also about the entire building's well-being. Kaysen points out that such a "modification would diminish the value of the apartment, so if you were to foreclose, the building would be left trying to sell an apartment that might be worth less than in its current form…. But remember, whatever you do, one day you may want to sell that apartment and you would be hard-pressed to find a buyer who does not want a kitchen."