Set Back Penthouse Gut Reno

Yes, I have done this.

The bottom line, is that it's between your board, building management company, their building engineer, and the DOB.

Your architect will first have to draw up completely detailed plans, and then you will probably present those plans first to the building engineer to see what that say. If you finally get an approval with the building engineer, you can then complete the alteration application and present that to the management company and the DOB simultaneously. You will of course have to get clearance from both. Finally, the board will review.

There is nothing in DOB or city that does not permit 'Wet over Dry.' The whole 'Wet over Dry' theory is antiquated and frankly no longer relevant. However, you are dealing with Boards that do not know better and are protected by business judgment rule so bottom line is their say is final assuming they apply the rules evenly. Your architect should draft plans lining things up properly and then you will have to beg and plead if yours is a 'wet over dry' co-op. You can save yourself time and just ask but they may refuse to answer. If they won't budge there is nothing you can do and you will have to lay things out sub-optimally. BTW - if existing does not meet current code that is O.K. as it is grandfathered, but no reason you can't use this as leverage for why the existing needs to be changed for - here it comes - the magic word is 'safety'!

Thanks ANagin. Do you suppose it is the Board's decision or will they just farm it out to the building architect? You and architect or other professional that has done this before? Any recommendations for an architect?

Josie25,

The board usually will go with the buildings architects recommendation. Most will protect themselves and will not let you go wet over dry.

Feel free to email me at nagin0732@gmail.com. I can refer someone I have used in the past. I agree with Primer, most boards will just blindly follow building architect and not stick their necks out one millimeter to help a unit owner but you have a shot if you lay it out clearly for them why your alternative is a safer option for the inhabitants of your unit and the building generally (decreased liability risk, decreased risk of fire, whatever).

This issue hits close to home for me because I went through the exact same thing about a year and a half ago (on a PH unit too). I was able to move the kitchen to a new layout about 6-7 feet from its current location, but I was not permitted to switch its location entirely, which would have created a more optimal use of space in the unit generally and created an additional bedroom.

Antiquated? Wet-over-dry is a very new concept (~20 years or so).

Has there been any recent change in the effect of gravity on water molecules that I'm not aware of?

thanks very much for the reply. I will email you.

Hi ANagin,
I emailed to you last week. Perhaps it went into your spam box. Would you kindly take a look?

It will take several rounds of paperwork with the management before you can get a firm answer, we've experienced both: Approvals for the new bathroom over dry and denial for 5" expansion of existing.
Building architect will say something like: "It's up to the board to approve wet over dry, but in case if the board approves it, here is the set of requirements for waterproofing" So it's up to the board to make this decision but no one on the board wants to take this liability. Email us if you have more questions
info@archivesid.com