Missing by a Little -- Or a Lot?What does a "non-conforming bedroom" look like?
When it comes to real estate listings, 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 8o 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
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.'
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.
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