Converting single family to 3-family in Boston

November 6, 2014 4:43 PM

I am thinking of buying a brownstone in Boston as an investment property. It contains three apartments, but the legal status is currently only one-family. Historically it was a legal three-family, but previous owners changed the occupancy to one family in1973. There are currently three totally separate apartments that are being rented despite it only being a one family. My question is what is the procedure and cost to get it back to legal three family status?

I can see in the online Boston Building Permits database that the current owner filed an application in 2005 to convert it back to a three family, but the application status lists "Application Abandoned." Presumably he ran into some obstacle. I'm not on good enough terms with the seller just to ask him. I am wondering what obstacles there might be given that it was historically a three family? And there is apparently no construction necessary. All the other buildings in the row are three-family and the area is zoned for multi-family. If it is just that the current owner didn't want to pay, do you know how much the costs would be?

posted by cmp4Meta to Home & Garden (3 answers total)

Best answer: My guess is that to meet current date fire codes for multi-unit rentals, you might need sprinkler systems. Other things, like beefier drywall may be needed on the ceilings and walls to delay the spread of fire. I know that existing legal rentals on the street may not meet code but I would guess that your application would be treated the same as a new construction. The city has a duty to make sure things are upgraded.
posted by bonobothegreat at 5:04 PM on November 6, 2014

Does the seller have an agent/broker (or do you)? Make them earn their commission and get clarity. If those units are illegal it could affect your ability to get financing or insurance. Their legal status also affects value, e.g., what you should pay. Moreover, if you have to evict those tenants you may face substantial relocation costs. But regarding your assumption that the owner ran into some obstacle, the clock may have just run out or he may have decided to lay low. This issue may require an attorney's help.

PS In another life, I worked for the City of Boston Assessor's office. Whenever we found something like this situation, we were all over it.
posted by carmicha at 7:53 PM on November 6, 2014 [2 favorites]

Bonobothegreat has it. The previous application was probably abandoned due to costs associated with bring it up to code. That will include separating the electric, gas and water systems ( maybe even sewer), wiring for smoke detectors, although I believe the sprinkler law exempts existing buildings, any "new" construction would require them. So really it comes down to whether a conversion to a new use is considered enough of a change to require sprinklers. Massachusetts has been known to require installation even after the fact, so be sure you get it all in writing and lawyer -up. Also fire blocks between apartments and maybe even additional means of egress (fire escapes). All you can do is scour the building codes or go down to the inspectors office and ask.
posted by Gungho at 12:00 PM on November 7, 2014