7/5/23, 8:19 AM Difference Between Cellar and Basement NYC · Fontan Architecture

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Dif ference Bet ween Cellar and Basement NYC

by Jorge Fontan | Last updated Jul 12, 2020 | NYC DOB, NYC Zoning

A basement is more than 50% above ground and a cellar is more than 50% below ground. Whether a space is a

cellar or basement will determine what the space can be used for. Codes may have specific regulations as to how

you measure a Cellar vs Basement.

Cellar VS Basement

People often misuse the terms cellar and basement. In fact they use the terms interchangeably not realizing there is

a serious legal difference. Below we will outline the key differences between a cellar and basement according to

New York City codes.

Difference Between a Cellar and Basement in NYC

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What is a Basement?

A basement is a story within a building that is partially below the curb level but not more than 50% below curb level.

In residential zoning districts a basement can be occupied as a residence and can have habitable space. A

basement counts as zoning floor area. The measurements can be done at curb level or at what is called a base

plane.

What is a cellar?

The following explanation is based on the NYC Zoning Resolution.

A cellar is a floor within a building that is either entirely below curb level or more than 50% below curb level. A cellar

is not a story and therefor a cellar does not count as zoning floor area. In residential zoning districts a cellar cannot

be occupied as a residence and cannot have habitable space. The measurements can be done at curb level or at

what is called a base plane.

We are a New York Architecture Firm and all information in this post is based on New York City regulations.

Cellar VS Basement

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Cellar Basement

Is less than 50% below curb level NO YES

Is more than 50% below curb level YES NO

Can be entirely below curb level YES NO

Counts as a "Story" NO YES

Counts towards zoning floor area calculations NO YES

Can have habitable space such as bedroom, kitchen, living room etc... NO YES

Can have a legal apartment NO YES

Can be accessory to a residential space YES YES

Must have use consistent with and identified on Certificate Of Occupancy YES YES

Change in use requires new certificate of occupancy YES YES

Key differences for a Celler vs a Basement

Key Differences Between a Cellar and Basement in NYC

Depth Below Curb Level for Basements and Cellars

The depth of a cellar or basement is always measure from curb level or a base plane. If the property is on a through

lot that touches 2 streets and therefor 2 curbs you would measure the cellar / basement in 2 halves one for each

street. We worked on an existing building where half of the floor was a cellar on one street and the other half was a

basement on the other street even though they where at the same elevation. The curb elevations where different on

the 2 streets.

A basement is as story partially below grade and, when measured from floor to ceiling, is less then 50% below curb

level.

A basement is a floor (and not a story) partially or entirely below grade and, when measured from floor to ceiling, is

more then 50% below curb level.

Zoning Floor Area for Basements and Cellars

A basement counts towards the zoning floor area. This means it is part of the Floor Area Ratio or FAR calculation for

the building. A cellar does not count as zoning floor area and is excluded from the Floor area Ration calculations.

Habitable Space in Basements

Basements can have habitable space such as bedrooms, kitchens, and living rooms as long as they fulfill all other

code requirements. Cellars cannot have these types of rooms and can not be used as residential space.

Legal Apartments in Basements

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You can legally have an apartment in a basement. You cannot have an a legal apartment in a cellar. The basement

apartment must be listed on the Certificate of Occupancy. If a basement apartment is not listed on the Certificate

of Occupancy you must file an Alteration Type 1 with the Department Of Buildings and acquire a new C of O.

Cellars as Accessory Space

Cellars or parts of cellars can be used as accessory space to the apartment or residence above, accessed through

a private stair. This accessory space cannot be fore sleeping, living, or cooking. If you add a stair from an apartment

to the cellar this must be filed as an Alteration Type 1 and requires a new Certificate Of Occupancy. You cannot do

this as an alteration Type 2. I once consulted on a court case as an Architect expert witness for a lawyer who

intended to prove this work required an Alt 1. The lawyer I worked for won the case.

Any change in use to a cellar or basement requires a new Certificate Of Occupancy.

Cellar vs Basement

As an architect I study codes closely, but these are complicated and quite involved issues. In this article we

reviewed some of the basic concepts with regards to the difference between a cellar and basement. This post does

not assume to cover every possible issue or condition, but provide a general overview of the topic.

Thank You for reading our post on the difference between a cellar and basement.

I hope this was helpful. You can leave questions or comments below. If you want to discuss a specific project with

an architect you can contact us directly.

Contact Fontan Architecture

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Jorge Fontan

This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City

architecture firm Fontan Architecture. Jorge Fontan has earned 3 degrees in the study of

architecture including two degrees from the City University of New York and a Masters Degree in

Advanced Architectural Design from Columbia University. Jorge has a background in

construction and has been practicing architecture for 20 years where he has designed

renovations and new developments of various building types.

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