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Question is as in the title: do property setbacks apply to basements? I'm leaning towards "probably not" because all the setbacks I can find specify things like "construction more than 18 inches above grade" and similar phrases.

I'm aware that this question will vary greatly by my HOA/city/county/state, but I haven't thus far managed to find anything that speaks to it specifically in my HOA or municipal codes, so anybody who can speak to it generally would be great.

William
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  • Basements usually mean/come with a building above. Think you are meaning more like an underground building, with nothing above ground. This could be a 'loop hole'/not considered part of set backs. Imagine if no damage/noise/unsightly looks done to neighbours, might get away with it, if done to codes/permits. Locals might change laws before you can build, after the idea stage. – crip659 Sep 14 '21 at 22:40
  • From what I read, if you have a HOA, they can be quite nasty with their regulations with little or no oversight, besides moving. – crip659 Sep 14 '21 at 22:54
  • I take it it's only zoning (or covenant/deed/platmap) setbacks you're concerned about here? (I ask because most people use "setback" as if it were a term exclusive to zoning, but building/fire codes can wind up dictating setbacks in some cases as well, and for extremely good reason when they do, too) – ThreePhaseEel Sep 14 '21 at 23:03
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    Check with your local building inspector. They would likely need to sign off anyway – UnhandledExcepSean Sep 14 '21 at 23:11
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    If you specify your locale, someone here may already be familiar with it or have better search-fu and be able to find it for you. "Generally" is far to broad to be answered easily. Of course, you're on your own (and probably out of luck) if you have an HOA. If you or someone here can't find it, just call the local building dept and ask. I'm sure they'd rather tell you and dash your dreams up front than have to order you to undo something you may have spent 1,000s of dollars on. – FreeMan Sep 14 '21 at 23:43
  • Unfortunately there is no general answer. Two properties side by side on the same street in the same city can have different rules apply to them. – whatsisname Sep 15 '21 at 02:41
  • @whatsisname -- the OP's problem is that their local rules don't speak to this edge case (and it happens -- there are buildings in older urban areas where the basement extends out under the sidewalk, possibly even easemented to occupy part of the Right of Way) -- many zoning codes are fabricobbled copy-pasta messes, especially with the North American state of suburban jurisdictional balkanization, so it's not at all uncommon for edge cases like the OP's to never get handled – ThreePhaseEel Sep 15 '21 at 04:00
  • @crip659, I spent quite a bit of time with our CC&Rs yesterday and our HOA's entire section on setbacks is two lines that basically say "front is 20 feet, side is 5 feet..." and such. – William Sep 15 '21 at 15:36
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    @FreeMan, I suspect your comment to just call the building department is the most correct answer, even if it's a framing challenge. – William Sep 15 '21 at 15:38
  • With an HOA the answer to your question is yes. They will say you can't build or make a regulation that you need to use a spoon to dig. – crip659 Sep 15 '21 at 16:29

3 Answers3

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Simply put, the purpose of setbacks on the sides of a building is to ensure one building does not infringe on another building’s right to sunlight, ventilation, greenery and vehicular access.

For all sides, the setback is to protect entities such as water bodies located close to a building from being adversely affected by the construction and human inhabitation. And conceivably, make available the land required for utility access.

Without any of the above concerns, then I assume your basement is not a problem.

r13
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    Note that this is an assumption and that r13 makes no guarantee that it is correct! Any actions taken by the OP based on these assumptions is at his own risk! </lawyer mode> – FreeMan Sep 15 '21 at 14:12
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Sideyard setbacks are also based on fire code. Whether the wall construction is combustible or not, as well as the extent of unprotected openings in the wall. In many jurisdictions if a wall is on the property line (or a party wall) It will be non-combustible with a fire resistance rating of probably 4 hrs. Unless building a basement wall up to the property line is explicitly forbidden (ask the building department to indicate the relevant clause(s), and don't necessarily take their word for it. Just because it isn't usual doesn't mean it can't be done.

michael whittaker
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Appreciating this is not really an actionable answer to such a general question, since no jurisdiction or specific plans are mentioned, I do want to add that the best examples of mega basements are probably found in London UK, where land is very tight but money anything but that:

enter image description here

So if you are researching ambitious plans, London would be a good start! Happy digging.

Image: https://www.dailymail.co.uk/news/article-5703283/Map-reveals-4-650-mega-basements-dug-beneath-London-homes.html

P2000
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