Are workshops allowed in residential buildings?

Submitted by Tired-Tenant t3_122mhtk in massachusetts

Hi Reddit!

I live in an apartment that’s above an unofficial workshop here in MA and looking for some advice.

I should mention that when I was shown the apartment, the property manager told me it was "retail space being renovated" which turned out to be a bold lie. The maintenance guys that work for the building owner's company use it as a workshop. I've talked to them before and they even call it a workshop. As you can image the noise is insane and getting worse the longer I live here. (Thankfully it's not everyday, but most days).

The workshop's space is completely gutted. No dry wall, no insulation, no vents, no flooring, etc. That means that every sound made in there travels directly into my apartment, sometimes starting at 6:30am. Power tools, the door slamming, the workers voices, the sounds from their cell phones, anything. I can hear their conversations word for word.

I once heard a guy fart.

This must work both ways because I made the mistake once of using my bathroom directly above the workshop and could hear 2 workers talking about how they can hear me peeing. I'm a woman living alone and this makes me very uncomfortable.

There's a Permit to Build on the door but it was issued several years ago. The inside has barely changed in the 2 years I've been living here (you can see in from the outside when they leave the door open). I've emailed the property manager about the noise but nothing seems to change.

Anyone have any experience with this or have advice? Is this legally allowed or even safe?

Thank you!

- A very tired tenant

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P.S. I do realize I could just move, but I do love the apartment and the location. The rental/housing market here sucks and finding a new apartment is very difficult and moving would be very expensive.

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Unfair_Isopod534 t1_jdqu2fp wrote

I think you a barking up the wrong tree here. You could try to force out the workshop or you could use the noise to get lower rent or break ur lease early. If not, your option is to move out. It is not your property so you are fighting against landlord and workshop owner.

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Tired-Tenant OP t1_jdra31t wrote

You're probably right. I don't want a big fight over this but I love the apartment so I also want to stay. I can use this if they try to raise my rent.

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umassmza t1_jdr00sp wrote

  1. check the town or cities website for the noise ordinances. Call at every occurrence outside of allowed hours.

  2. call town and ask for the permitting office. Tell them you believe there is unpermitted work happening and ask if they can stop by to check. There’s likely rules on the books for types of work that can be performed in a mixed use building.

If it’s a workshop, what are they making/repairing/doing? There are rules about material storage, fire prevention, all kinds of health and safety regs.

And what’s your town/city, people here can try to help direct you to the appropriate resource.

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Tired-Tenant OP t1_jdr90ss wrote

Thanks! I can look into this. There have been 2 fires in different buildings next to mine that are owned by the company that owns my building. So the fire safety may be an issue.

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Sheeshka49 t1_jds9yzf wrote

Your apartment might be illegal, so be prepared to move if that is the case.

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umassmza t1_jdr0lrb wrote

Edit: Here is a state code that may be relevant,

302.3.2 Separated Uses. Each portion of the building shall be individually classified as to use and shall be completely separated from adjacent areas by fire barrier walls or horizontal assemblies or both having a fire-resistance rating determined in accordance with Table 302.3.2 for uses being separated.

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[deleted] t1_jdqu9t9 wrote

I mean, you could try but good luck.

Sounds like your realtor just lied to you, and if the permit is there it means it’s legit (even if it’s outdated they would just have to renew it.

Is your rent cheap? I think your best bet is to ask for money off to compensate you for the noise.

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BeerPizzaGaming t1_jdrcb3i wrote

There are typically 4 common classifications for propertie; farm, residential, commercial and industrial.

The property is likely approved for mixed use (commercial and residential).

Your best option is to try to get the landlord to finish the shop and put in insulation for insulation and soundproofing. Outside of that you will probably and in all likelihood need to find a new place which is suitable and move out asap.

Your reason for breaking the lease (if you are in one) would be the landlords inability and/ or unwillingness to address the excessive noise during off hours (usually classified as between 8 am and 10 pm) assuming it is a valid complaint.
You will have to check with your local town regarding the exact noise ordinance.
You will also want to be sure to make your complaint to the landlord in writing and provide them with exact dates and times of the excessive noise experienced during off hours.

Not trying to be an ass but rather providing insight from a neutral position; anything else is on you for not conducting due diligence prior to signing the lease and/ or renewing the lease again despite having these issues.

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Graflex01867 t1_jdte96m wrote

You have some options, but none of them really have a great outcome. The landlord lied to you, they’re probably not going to admit it or give you any concessions. You could ask, but I’d be prepared to not have your lease renewed. Most of the things you could do after that are kinda scorched earth.

For example, a building permit that’s open and not being worked on could be reported to the city. If the work happening in the space isn’t related to the space, that’s a problem.

You could argue that you’re not getting acceptable peace and quiet enjoyment with them starting work so early.

Depending on what they’re doing, it could be industrial not commercial, which might be a zoning violation.

With a construction site below you, your apartment might not technically be inhabitable because of the work they’re doing below you.

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NativeMasshole t1_jdqwyuj wrote

Have you tried talking to the town about it? Your building may or may not be zoned as a commercial space. But if they're using a work permit to run the place, then they're probably not following all the rules for whatever type of shop they're running down there anyway. Contact your town's housing and health departments to see what they have to say about it.

Unfortunately, this probably won't go over well with the landlord or their employees, but your options right now only seem to be to fight them on it or move. If you have the money, it may even be worth it to consult a lawyer to see if you could be entitled to compensation.

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Hoosac_Love t1_jdqyzha wrote

An informal workshop with a work bench ,a tool box and few screw drivers.How is that any different from a kitchen,a kitchen has counter no different than a bench and tools as well although different than wood working tools ,but how is a small work room different from a kitchen.I don't see that as an issue.

If it was some type of commercial grade workshop with heavy duty electric table saws and all that stuff,you might need a permit for that yes!

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Tired-Tenant OP t1_jdr9h17 wrote

Thanks for the input! There's definitely some heavy duty equipment in there because I can hear it. It sounds like a table saw or something like that. I've seen them take out wheelbarrows of cut wood/and piping from the workshop a few times.

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Hoosac_Love t1_jdravnq wrote

Grey area I couldn't answer ,I have never owned property so ,I don't know the grey areas

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Sheeshka49 t1_jdsabnu wrote

OP said there was no sheetrock on walls or ceiling—basically exterior walls and studs. That can’t be save!

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