Missing by a Little ” or a Lot?

What does a “non-conforming bedroom” look like?

When it comes to “For Sale” homes, it could mean a lot of things.

At one extreme, a Realtor might list a bedroom as “non-conforming” because the egress window is smaller than allowed by code, or there’s no closet.

At the other extreme, there is no egress window; you have to be a (short) child to stand up straight without hitting your head; there’s no closet; the room is smaller than 80 square feet; and the walls, ceiling, and the floors are unfinished.

Oh! — and there’s no heat.

Call it, “hitting the trifecta (plus)” of non-conforming.

Most Common: Too Short (= Low Ceiling)

In practice, “non-conforming” is perhaps most commonly associated with height issues.

So, the 1 1/2 story home has a finished Owner’s Suite on the upper level, but the overhead averages less than 7 feet.

Or, the nicely finished lower level (basement) is just a tad low.

“Will it “Fly’?” Test

Ultimately, whether to bill something as “non-conforming” or just omit it altogether (the more conservative approach) is a judgment call.

To paraphrase a popular line, “if, but for a technicality, it walks like conforming space, and quacks like conforming space, and looks like conforming space” ” it’s reasonable to tout it to prospective Buyers, with the caveat that it’s “non-conforming.”

On the other hand, if prospective Buyers’ collective reaction is likely to be “you’ve got to be kidding!” ” forget it.

P.S.: Fans of ’60’s sitcom “Get Smart” will recall one of the lead character’s catchphrases: “missed it by that much.”

About the author

Ross Kaplan has 19+ years experience selling real estate all over the Twin Cities. He is also a 12-time consecutive "Super Real Estate Agent," as determined by Mpls. - St. Paul Magazine and Twin Cities Business Magazine. Prior to becoming a Realtor, Ross was an attorney (corporate law), CPA, and entrepreneur. He holds an economics degree from Stanford.

Leave a Reply