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Finished Basement Or Adu?

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So here’s a new one I ran across.

Single family home with basement. Basement is accessed from the garage stairway. Basement has a kitchen, living room, and 2 other rooms (used as bedrooms but no legal ingress egress). Basement is a walkout.

The order came to me as a duplex. I said no way. It is at best a single family with a basement accessory unit. But I could also call it a single family with a finished basement. The big issue is the access stairway is from the garage. Don’t have to go outside. But garage is not heated.

So anyone run across something like this? Did you say “basement” or “accessory unit.” Kind of a toss up for me.
 
basement...bet it was not designed as duplex.
 
It's a SFR with a finished basement, if it has a second kitchen/stove is that legal zoned in the area ? The fact that the basement is only accessible from outside the main dwelling via garage stairs might be considered obsolescence to a number of buyers those these folks likely are renting it out so that ext access offers them privacy from tenants- but the space could also be used for family etc....
 
Mother/daughter with summer kitchen in the basement. It is SFR if it can not legally be rented, else ADU if it can be legally rented.
 
It's a SFR with a finished basement, if it has a second kitchen/stove is that legal zoned in the area ? The fact that the basement is only accessible from outside the main dwelling via garage stairs might be considered obsolescence to a number of buyers those these folks likely are renting it out so that ext access offers them privacy from tenants- but the space could also be used for family etc....

It’s legal. We have pretty lax zoning laws in this area. It could be rented, but then again all kinds of things can be rented in this county. The biggest question is the liability without a legal ingress and egress for the sleeping areas. Not sure how that would be looked at. But then again we have tons of houses without legal ingress and egress windows on the main floor of homes around here. Actually I don’t think the value would be different one way or the other. Definitely some obsolescence, but it could easily be remedied for about a $1,000 of framing and drywall. It’s actually a pretty nice family room area etc. Apparently it was used as a mother-in-law suite.
 
It’s legal. We have pretty lax zoning laws in this area. It could be rented, but then again all kinds of things can be rented in this county. The biggest question is the liability without a legal ingress and egress for the sleeping areas. Not sure how that would be looked at. But then again we have tons of houses without legal ingress and egress windows on the main floor of homes around here. Actually I don’t think the value would be different one way or the other. Definitely some obsolescence, but it could easily be remedied for about a $1,000 of framing and drywall. It’s actually a pretty nice family room area etc. Apparently it was used as a mother-in-law suite.

What does "liability" for lack of ingress /egress to sleeping areas mean If it means the areas lack windows, then don't call them bedrooms because per ANSI and other standards they don't meet it-

The fact that you have tons of houses there without legal ingress windows on main floor means market accepted but that'' s a value issue , apart from what physically exists, and lenders do base lending decisoins on what physically exists whether or not its market accepted.

The value is one aspect of UW, the lenders' decision to accept or reject or a property is the other aspect, and appraisers have to be careful not to mislead about what physically exists such as calling partitioned off rooms in a basement with no windows "bedrooms" .fwiw below how I might describe it,

"Subject has a finished basement accessible only through garage with no access through main dwelling (disclosure 1 ) , The X sf walk out finished basement can be used for in law suite, family use or possible rental use. Presently it used for (describe) "

"The finished basement consists of a kitchen with stove ( disclosure 2, let lender decide if they want to accept it or make subject to removal ), a living room,, and two drywall partitioned areas set up for sleep/bedroom use. These 2 partitioned off areas do not have windows (disclosure 3)

It is unknown if permits were pulled assumption is no permits pulled since owner did not say they obtained permits (disclosure 4) .

Finished basements done without permits is market accepted in the area. and it is finished in a workmanlike manner. The finished basement is a line item on grid for contributory value, with comps A and B having similar finished basements ( if u can find comps like that).

In other words, the value is the easy part. You mentioned "liability", that is covered when you disclose everything and are clear about what the property consists of.

When I have a funky, not permitted or gray area property I describe and disclose, that way it is a lender decision to lend on it and they knew upfront what the property issues were.
 
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where are the separate electric meters for each unit
Was it originally 2 or 1 electric meters. If not an upper/lower units or mirror side by side units, I am loath to call them duplex although I have seen and appraised nonidentical duplexes - usually the larger unit being owner occupied. Otherwise, I call them two unit properties, "accessory" or not. To me a basement is, by definition, an inferior space, and I might call a two story building with separate entrances "duplex" but not a one-story with basement level.ADU all the way. OTOH, being a fire conscious person. I want no place with a single entrance above ground level or below.
 
It’s legal. We have pretty lax zoning laws in this area. It could be rented, but then again all kinds of things can be rented in this county. The biggest question is the liability without a legal ingress and egress for the sleeping areas. Not sure how that would be looked at. But then again we have tons of houses without legal ingress and egress windows on the main floor of homes around here. Actually I don’t think the value would be different one way or the other. Definitely some obsolescence, but it could easily be remedied for about a $1,000 of framing and drywall. It’s actually a pretty nice family room area etc. Apparently it was used as a mother-in-law suite.

I'd leave it right there, the most common type of use for this situation. As you know, the mother-in-law thing is sort of a flex-use scenario, either as a place for the relatives to have their own space or, extra space for the family, for the same reason. What this place would least likely be used as, is a rental, IMO.
 
OP-It’s legal. We have pretty lax zoning laws in this area.

That the second kitchen is "legal" because area has lax zoning laws still does not mean a lender will lend on a SFR with a second kitchen. Which is not your problem, but a lender can try to make it your problem...I'll bet $ that is why they ordered it as a duplex, to get around the second kitchen issue.

If second basement kitchen has a stove , let lender know and if their UW then makes appraisal subject to removal of stove, so be it. Our job is to present property information as it exist,s not fudge things to get it past UW or to "help" borrowers get a loan ....( not that the OP would do that, but lenders can create pressure for it)
 
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