Calling a loft a bedroom?

NEW -> Contingent Buyer Assistance Program
Hello all:





I have been checking some condos out in the 92782 (Tustin Ranch) area and 92602 and have discovered that many of the 2 bedroom condos are actually one bedroom and a loft. I know this because my husband I lived in one when we first got married. The condo was a 1br/1ba with a large third story loft, 1154 sqft for total property. My friend actually bought in this neighborhood and I read in her HOA handbook that it is against rules to use the loft as a bedroom. There is no door, the area is not enclosed, and no closet either. Is it fraudulent for these properties to be advertised as 2bd/1ba? The bath is even in the master bedroom (it is in no way practical for a two bedroom unit). Let me know your thoughts and knowledge.
 
<p>When I purchased my condo/townhome. The 2nd room was considered an office. And in order for it to be a 2nd bedroom, I had to have the builder added in a closet. Hope this helps.</p>
 
<p>So what is the actual definition of a bedroom? Does it need to have a door and a closet or is a door enough? I see many townhomes list "offices" as bedrooms and I just wonder what the legal issues of doing so are...</p>
 
<p>Buy builder's definition, a bedroom has a closet.</p>

<p>A den has all the walls and a closet niche, with or without a door.</p>

<p>A loft has a few missing walls, no closet niche, no doors. I rarely see agents market a loft as a bedroom.</p>

<p>So if the den has a missing closet door and/or a door, one can install a closet door and a door for about $1,000. Then the den becomes a bedroom.</p>

<p>When we realtors list homes, it is important to point out the number of bedrooms accurately. We sometimes specify the den as a bedroom to market the home better. We MUST disclose in the agent section (public does not see) something like "The 4th bedroom is currently used as a den". When buyers sees the den, they can decide whether they want to buy it. Agents usually alert this disclosure prior to showing.</p>

<p>Bottom line, if it's your house, you can use it anyway you like. If you want to use your dining room as a bedroom, you should have that freedom.</p>
 
<p>Sometimes it has to do with zoning. I just checked out Cortile plan 4 this weekend. Its advertised as 3br + loft. You can choose to put the loft downstairs or upstairs... the other becomes a bedroom. When I asked if it can be converted into 4br, they said no, due to zoning. But, both "lofts" have closet niches and no doors. So, im sure it can be turned into 4br after the home is purchased.</p>

<p>I wouldn't worry too much about the way they advertise, its a matter of what you like.. If you want 2br, then 1br+loft definitely sells for less than 2br/no loft. Get a door at home depot and call it a day :)</p>
 
Bedroom must meet the life safety code, light and ventilation requirements. These are rules that the building department used to approve a set of architectural plans. Bedroom by definition does not need a closet (after market armoire would do just fine). However there must be a window for egress. The window screen area must be 7.5 sf. and no narrower than 21” and the sill of the window can not be higher than 42”. The opening requirement and sill height is for the fireman to rescue an unconscious occupant in the event of a fire. Size of a bedroom is 9x9 to meet the code definition.



The building code limit the size of the third floor to less than 500sf. Rescue effort for the third story is extremely difficult for firemen. All 3 story projects in the market place have a third floor that is limited to 500 sf by code. Rarely do you get 3 bedrooms in 500 sf up there therefore the solution is to scatter the bedrooms among the different levels to minimize the third floor reaching the allowable 500 sf limit.



Many 3 story projects with alley garages that have a raised walkway ½ level above the public street to get to the front door. In this scenario the garage is bunkered into the raised earth. The building code permits the garage to be called the basement. So this 3 story structure is really a 2 story by code definition. The benefit is to be able to build over 500 sf at the third floor (Master Bedroom and 2 tiny kid’s bedrooms)



Bedroom count is supported by the number of parking spaces dedicated to each home. Guest parking is also calculated by the bedroom count to calculate the number of visitors. When the project lacks dedicated homeowner and guest parking builders can only build lofts and not bedrooms. Many homeowners and RE agent often violate the rule by misrepresentation to indicate the extra bedroom when the building and safety and parking code were not met. The city rarely goes back to the neighborhood to check for compliance.



This is the rule of thumb to check for the validity of a loft that can be converted to a bedroom. A 2 car garage with no driveway could only accommodate a 3 bedroom house and a loft. This loft can not convert to a bedroom. However, in the scenario of a 2 bedroom and a loft then the loft could be converted to the 3<sup>rd</sup> bedroom provided that the bedroom meets all the building and safety code requirement. Many builders in Irvine lie on their brochure and breaking the law by stating a 4 bedroom house with only a 2 car garage without a driveway. So far the honest builder is California Pacific Homes. On its detached condo projects they never advertise them as a 4 bedroom house. It is always 3 plus loft. A four bedroom house must have a dedicated third stall in either garage or on a private driveway.



Some neighborhood planning guideline would not allow a 3 story house. Some builders built the third story as a loft that overlooks the high volume space below. They call this the mezzanine to a 2 story house. For most cases this loft does not meet the bedroom building and safety code requirement and could not ever be converted to a bedroom.
 
Yep, has to have a closet to be consider a bedroom. Again, when I purchase my condo. The choice for the 2nd room were: 1) an office, no closet; or 2) a bedroom, then has to pay for the closet. The closet was an upgrade, we had to pay more....hahaha!...geez....
 
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