We’ve all seen listings that stretch the truth a little—like calling a basement room a “bedroom” when it feels more like a storage unit with a bed. Maybe it has four walls and a cozy rug, but if it doesn’t meet building code, it’s not a legal bedroom—and that can cause real trouble for buyers and sellers alike.

Let me tell you a quick story.

An eager buyer toured a home advertised as having four bedrooms, including one in the finished basement. Everything looked great—until the appraiser revealed that the basement bedroom had only one way out and wouldn't count as a bedroom. There was no proper egress window, which meant that in an emergency, someone couldn’t safely exit the room. That’s a building code issue, and more importantly, it meant the room legally didn’t count as a bedroom.

The buyer felt misled. The seller had to offer a price reduction. And the agent faced an ethics complaint for misrepresenting the home’s features.

Ethics Violation

The listing agent received a formal complaint for violating Article 2 of the Code of Ethics, which states:

“REALTORS® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction.”

Not only was this an ethics issue, but it also violated Virginia law, which defines misrepresentation to include

“knowingly making any material misrepresentation.”

Even if the seller insisted it was a bedroom, the agent had a duty to present a true picture of the property and not rely solely on the owner’s description—especially when it conflicted with safety or code requirements.

So what makes a bedroom “legal”?

While rules vary, most local building codes require that a legal bedroom must meet certain standards.

The definition can vary by jurisdiction, building type, and zoning for the particular property. Here are some general features that will help you determine if a room is actually a bedroom.

1. Square Footage - Sizes vary by state but 70 - 80 square feet is the generally acceptable size. In DC, for each additional person occupying the same room, add 50 additional SF to the floor space requirement.

2. Horizontal Footage - A bedroom must measure at least 7 feet in any horizontal direction. That is why a room 25' x 3' will not qualify.

3. Ceiling Height - At least half of the bedroom ceiling has to be at least 7 feet tall.

4. Egress - There must be two forms of egress (i.e. ways out). Commonly, this is a door and a window. An egress window also needs to be a minimum size, usually 5.7 square feet. In addition, egress windows cannot be more than 44" from the floor unless there is a permanent step installed. Lastly, it is illegal to have locking bars or grates covering an egress window.

5. Access - In order to be considered a legal bedroom, its sole entrance must not be through another bedroom.

6. Heating & Ventilation - In Virginia, the statewide requirement is that every bedroom must have access to natural ventilation (i.e. to the outside air), and must have a heat source. Portable heaters do not count as an adequate heat source. In DC, the requirement specifies it must be able to keep the room warm by at least 68 degrees.

Contrary to popular belief, in most jurisdictions, a closet is not a requirement.

What About Condos and Dens?

In condos, it’s especially common to see dens described—or implied—as bedrooms. These spaces might be enclosed and even large enough for a bed, but if they don’t have a window or a proper second means of egress, they don’t meet the legal definition of a bedroom. Some dens are technically interior rooms with no natural light or ventilation, and while they may function as offices, nurseries, or guest rooms, calling them a bedroom in marketing or appraisals can be misleading.

If you're buying a condo, double-check how many true, code-compliant bedrooms there are.
If you're selling, stick to accurate terminology to avoid buyer disputes or appraisal surprises.

Why it matters

For buyers: Don’t assume every room labeled “bedroom” is actually legal. Ask questions—especially about basement rooms and dens—and don’t hesitate to consult your home inspector or local permitting office.

For sellers: Be honest in how you present your home. If a room doesn’t meet code, call it a den, office, bonus room, or flex space. Overstating a room’s use could lead to price negotiations, delays, or worse—legal or ethical complaints.

Bottom line:

Whether you’re buying or selling, it pays to understand what truly qualifies as a bedroom. A little knowledge up front can prevent confusion—and conflict—later.