The first determination is whether the FROG can be included in the Living Area of the home.
The NC Real Estate Commission defines the Living area (sometimes referred to as "heated living area" or "heated square footage") as space that is intended for human occupancy and is:
- Heated by a conventional heating system or systems (forced air, radiant, solar, etc.) that are permanently installed in the dwelling - not a portable heater - which generates heat sufficient to make the space suitable for year-round occupancy;
- Finished, with walls, floors and ceilings of materials generally accepted for interior construction (e.g., painted drywall/sheet rock or panelled walls, carpeted or hardwood flooring, etc.) and with a ceiling height of at least seven feet, except under beams, ducts, etc. where the height must be at least six feet four inches [Note: In rooms with sloped ceilings (e.g., finished attics, bonus rooms, etc.) you may also include as living area the portion of the room with a ceiling height of at least five feet if at least one-half of the finished area of the room has a ceiling height of at least seven feet.]; and
- Directly accessible from other living area (through a door or by a heated hallway or stairway).
If the FROG's space does not meet all of the criteria above, the amount of space could be stated in the MLS or in advertising but not included in the main living area. Great care in describing the space would be required to not misrepresent the property.
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