Albany County, NY Accessory Structures: Garage Conversions (2026)

Converting a garage to habitable living space is a change of use under the NYS Residential Code and requires a full building permit from the town or city building department. Required upgrades: thermal envelope insulation meeting 2020 NYS Energy Conservation Construction Code (R-49 attic, R-20 walls in Climate Zone 5A which covers Albany County); raised or insulated slab floor; egress window in every bedroom (5.7 sq ft opening, 20 in wide, 24 in tall, sill max 44 in above floor); smoke and CO alarms per Amanda's Law; GFCI/AFCI outlets per 2020 NEC; HVAC extension with separate thermostat; fire separation to attached house (5/8 in Type X drywall on shared wall and ceiling). A Certificate of Occupancy amendment is required after final inspection. In City of Albany, conversion to a legal accessory apartment (ADU) additionally requires site plan review and compliance with Zoning Code Chapter 375 (owner-occupancy, one ADU per lot, parking requirements). Town of Bethlehem allows accessory apartments by special permit. Converting a garage to an illegal apartment triggers Housing Court action, rental license denial, and requires restoration to legal garage or permit compliance. Off-street parking must be replaced if the garage provided required parking.