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How to Make a Basement Bedroom Legal and to Code

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Last Updated on August 5, 2024 by lindseymahoney

Creating a legal bedroom in a basement can be a fantastic way to maximize your home’s living space and add value to your property. However, it’s crucial to ensure that the new room meets all building code requirements for safety and habitability.

Building a legal bedroom in your basement on a budget | Building Bluebird #homerenovation #diy

We tackled this basement remodel project at our third home and it was absolutely worth it! The remodel also included a basement bathroom to complete the guest suite. 

Table of Contents

Basement Before

We decided to create the guest suite in our basement because we had an au pair moving in with us in a few short months to care for our children. The basement was a blank canvas, perfect for creating a cozy getaway for our nanny to live for a year.

How to make a basement bedroom legal | Building Bluebird

Luckily, half of the basement had been finished with drywall and proper lighting, it was not considered a legal bedroom.

Let’s go through the proper requirements to create a legal basement bedroom that is important to consider when tackling a project of this size.


1 | Install an Egress Window

One of the most critical aspects of a legal basement bedroom is having a proper egress window. This window serves as an emergency exit and must meet specific size requirements:

  • The window must have a minimum opening size of 5.7 square feet.
  • The window opening must be at least 24 inches high and 20 inches wide.
  • The window sill height cannot be more than 44 inches from the floor.

These dimensions ensure that occupants can easily escape in case of an emergency, and rescue personnel can enter if needed.

How to build a legal bedroom in your basement | Building Bluebird

In our basement, there was a larger window but it did not meet the current building code for a true egress window. Our crew had to cut into the foundation to install the new egress window.

How to add a legal bedroom in a basement

This window is now the appropriate size to allow for an evacuation if necessary.

2 | Ensure Adequate Ventilation and Lighting

Natural light and proper ventilation are essential for any habitable space. Building codes typically require that the window area be at least 8% of the room’s floor area, and the window must be operable to allow for ventilation. If natural light is insufficient, consider adding artificial lighting that mimics natural light to make the room feel brighter and more inviting.

​Luckily, the area in our basement where we created the bedroom was already drywalled and included overhead lighting. The basement egress window and overhead lighting offered ample lighting for the additional bedroom.

3 | Meet Ceiling Height Requirements

Most local building codes require a minimum ceiling height for habitable spaces. Generally, this is at least 7 feet. If your basement ceiling is lower, you might need to consider excavation or other structural modifications to meet this requirement.

4 | Install Proper Insulation and Moisture Control

Basements are prone to moisture issues, which can lead to mold and mildew. Proper insulation and moisture barriers are essential to creating a healthy living environment.

Use foam board insulation against foundation walls and add a vapor barrier to prevent moisture infiltration. Ensure that the basement is well-sealed to keep out moisture and drafts.

5 | Electrical and Heating Considerations

A legal, lower-level bedroom must have adequate heating to maintain a comfortable temperature year-round. Ensure that your heating system is capable of extending to the basement. Additionally, the room should have a sufficient number of electrical outlets per code requirements, typically at least one outlet per wall or within 6 feet of each corner.

How to build a legal bedroom in your basement | Building Bluebird

​We added this new bedroom in the finished section of the basement that was already wired for electrical. I hired an electrician to shift the ceiling light to the center of the room and add more outlets to meet local regulations.

​Additionally, I hired a plumber to install a radiator in the basement bedroom and new bathroom.

6 | Frame the Bedroom & Closet

For a space to technically be considered a bedroom, there must be a closet in the room. We hired contractors to build a wall with a door opening and frame out a closet area.

How to build a legal bedroom in your basement | Building Bluebird

Our crew framed out the bedroom and added a large closet. They hung the drywall and we handled the finishing touches like painting the walls and installing trim.

How to build a legal bedroom in your basement | Building Bluebird

The carpet was in good condition, so we rolled it up prior to framing the walls to re-install later. Yay for saving money! 

7 | Comply with Fire Safety Regulations

Fire safety is paramount when converting a basement into a bedroom. Besides the egress window, the room should have smoke alarms and possibly carbon monoxide detectors if there are fuel-burning appliances in the house. Check local codes for specific safety requirements regarding smoke detector and CO detectors.

8 | Consult with Professionals

While DIY projects can be fulfilling, creating a legal basement bedroom involves numerous building code requirements that can be complex. Consulting with professionals such as architects, contractors, and building inspectors can help ensure that your project is done correctly and safely.

We worked closely with our friend, who is a licensed contractor, to ensure all of the proper requirements were completed

9 | Obtain Necessary Permits

Before beginning any construction, it’s important to obtain the necessary permits from your local building department. This ensures that your project complies with all local building codes and regulations. Inspections will be conducted at various stages of construction to verify compliance.


How to build a legal bedroom in your basement | Building Bluebird

In terms of design, we used what we had in our home to create a comfortable and relaxing space for our guests. The walls are painted a warm white called Eider White by Sherwin Williams.

The basement bedroom includes a private bathroom attached that we built using a portion of the storage room.

How to make a basement bedroom legal | Building Bluebird

The little office area outside of the bedroom was a great bonus space for all of our guests (and potential home buyers!).

How to build a legal bedroom in your basement | Building Bluebird

One major benefit of creating a legal basement bedroom is that it increases the value of your home. Using extra space in your home to create an additional bedroom that appeals to homeowners is a good idea that will benefit you when it comes time to sell the property.

This is a rewarding project that can enhance your home’s functionality and value. By following these tips and ensuring compliance with building regulations, you can create a safe, comfortable, and attractive living space that will serve you well for years to come.

Remember, safety and adherence to local codes are paramount, so take the time to plan thoroughly and consult with professionals as needed. Good luck!

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Kim

Wednesday 26th of January 2022

Hi! We are thinking of doing something similar in our finished basement because we are getting an au pair! We’re thinking of adding a wall and door. There’s already a half bath down there. Where is the office that is pictured in your basement? Is it the other side of the bedroom wall?

lindseymahoney

Wednesday 26th of January 2022

It was such a perfect retreat for our au pair and I would highly recommend it! Yes, the office area is on the other side of the bedroom wall. So when you walk down the basement stairs, you walk directly into the office area. The bedroom is on the other side of the wall.

Basement Excavation

Saturday 13th of February 2021

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lindseymahoney

Saturday 13th of February 2021

Thank you!

Basement Development

Wednesday 20th of January 2021

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Judy

Thursday 18th of June 2020

Loved your ethics and style in building a legal bedroom in the basement!! So many don't take such care and I shudder when I see them. The end result is delightful!

lindseymahoney

Monday 22nd of June 2020

Thank you so much! Yes it was important that we made the bedroom legal and safe for anyone staying down there. :) Thanks for following along!