What Is the Wet over Dry Rule in NYC Real Estate?

4 years ago
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The Wet Over Dry Rule and Ways Around It: https://www.hauseit.com/the-wet-over-dry-rule-and-ways-around-it/

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What is the wet over dry rule? And is it a law of some sort? We'll demystify the topic in the following video my name is Chris at Hauseit. Hauseit is the largest For Sale By Owner and Buyer Agent Commission Rebate company, established 2014. In New York, the wet over dry rule is a rule commonly seen in co-op and condo buildings alteration agreements which prohibits an owner from moving wet spaces i.e. spaces with plumbing such as a kitchen or bathroom over dry spaces below such as a living room or dining room when they are doing renovations.

So, is the wet over dry rule is some sort of law or a NYC Department of Buildings code? No, the wet over dry rule is not a law or any sort of building code but it is almost universally seen and all alteration agreements and overall house rules for condos and co-ops across the city. However, this does mean that if your building does allow wet over dry or they are able to make an exception of some sort then you are perfectly allowed. That is perfectly legal to move a wet space over a dry space.

So, why do buildings enforce this wet over dry rule especially as it might cause difficulties in renovating an apartment or having a dream layout that you find out? Well, one is to minimize the chances of a leak and two if a leak occurs it is to minimize the cost from damage associated with such a leak. There are ancillary benefits from having units stacked on top of one another which is almost always the case in condo and co-op apartment buildings across the city and the benefit of this is having plumbing lines be straight and orderly and as to our prior point if a leak does happen it is much easier to detect by the neighbors downstairs if the units are stacked with wet spaces over wet spaces and it is much easier to tell where the leak is coming from.

Additionally, if a leak does occur damage is significantly mitigated if the leak is over a wet space. For example, if a leak occurs over your living room you are much more likely to experience significant damage versus if the leak occurred in your bathroom which presumably has tiled floors and drainage areas. Essentially, what areas are inherently much more water resistant and less damage will occur.

So, can I get approved for an exception before I purchase a co-op apartment? No co-op boards will generally never pre-approve renovation plans let alone an exception for the wet over dry rule in advance of you becoming an owner and actually completing your purchase. In fact, we highly recommend not even bringing up your renovation plans prior to being approved by the co-op board. Remember that the co-op board approval process is as much a test of humility as it is a test of your organization of skills. It would be highly presumptuous for you to assume that an all-volunteer Board of Directors of co-op would go out of their way to make an exception for you and approve your renovation plans when they haven't even decided to approve whether to let you in to the building.

So, there you have it. We hope you found this video helpful my name is Chris at Hauseit. If you have any questions please leave us a comment below, we do our best to get back to you and of course if you're looking to buy or sell property in New York City we can help you save up to 2% on the buy side and up to all 6% on the south side and broker commissions.

Save 2% When Buying in NYC: https://www.hauseit.com/hauseit-buyer-closing-credit-nyc/
NYC Seller Closing Cost Calculator: https://www.hauseit.com/closing-cost-estimator-for-seller-nyc/
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