Setting Up A Legal Basement Apartment

When a suspected illegal basement apartment is reported, the Fire Department receives the complaint. A Fire Prevention Officer will then
conduct an initial inspection to determine whether the basement apartment is permitted (as per Fire Code regulations only) and to ensure that while the basement apartments are occupied that they are made safe. The fact that the basement apartment is inspected by the Fire Department and may be approved as safe or that they meet the Fire Code does not necessarily mean that the basement apartment is permitted under the legislation.

(1) The detached or semi-detached house must be at least 5 years old.
(2) The front of the house cannot be significantly altered to change its appearance from that of a one unit building.
(3) Basement apartment must be smaller than the main dwelling unit.
(4) Minimum ceiling height is 6’5″. The ceiling must be continuous. Suspended (T-bar type) ceilings and exposed joists are not acceptable.  Furnace room ceiling must be drywalled or plastered too.
(5) Doors must be solid wood or metal and have a minimum thickness is 1.75″. Exterior door must be at least 32″x78″. Interior doors must have a 1/2 inch gap at the bottom to provide air movement within the basement apartment unless return air ducts are installed in the room. The smallest dimension of the window is 18″ and the opening must be at least 600 sq in.  Windows must be within 3′ of ground, and if there is a window well it must extend 3′ from the house wall to allow room to crawl out.
(6) Bathrooms have to have either a window or a fan.
(7)  A kitchen equipped with a refrigerator, stove in good repair and working condition. Cupboards having a capacity of not less than four cubic feet multiplied by the total number of persons occupying the unit.
(8)  New basement apartments require building permits before construction begins. In most areas, an additional parking space is required for new basement apartments. If there is a parking spot for the upper unit, there must also be a parking spot for the basement apartment.
(9)  The property owner is responsible to make sure that smoke alarms are installed and maintained. Carbon Monoxide alarms are required under many Municipal By-laws. They are to be provided in each dwelling unit in a building containing a fuel-fired appliance or an attached garage. Even if they are not required by legislation they make good sense with to-day’s design methods providing for air-tight construction of dwelling units. Smoke alarms must be installed in each dwelling unit on every floor including those containing a bedroom or sleeping area. The alarm must be audible in bedrooms when the bedroom doors are closed. The smoke alarm may be battery operated or connected to an electrical circuit with no disconnect switch between the current device and the smoke alarm.

Interconnected smoke alarms may be required if:

•  15min. Fire Resistance Rating is used between dwelling units
•   one dwelling unit must exit through another dwelling unit

(10)  An electrical inspection by Electrical Safety Authority(ESA – 1 877 ESA SAFE) )and all the deficiencies identified during the inspection must be addressed. Owners should retain the letter of compliance received from the Electrical Safety Authority for future reference purposes. This letter must be made available to the Chief Fire Official upon request.
(11) A continuous fire separation with a 30 min. Fire Resistance Rating is required between dwelling units and between dwelling units and other areas. This may be provided by an existing membrane of lath and plaster or gypsum board. Openings in Fire Separation shall be protected with rated doors installed in hollow metal or solid wood frames and equipped with self-closing devices. Lesser degrees of Fire Resistance Rating may be acceptable with the provision of interconnected Smoke Alarms or Sprinkler Protection. The containment features are intended to provide protection for the occupants living in a dwelling unit from a fire occurring in another portion of the
building, outside of their control.
To achieve a 45 min fire resistance rating for walls, one layer of 5/8″ Type X drywall on each side of the wall is required.
To achieve a 45 min fire resistance rating for ceilings, one layer of 5/8″ Type X drywall is required.
To achieve a 30 min fire resistance rating for walls, one layer of 1/2″ regular drywall on each side of the wall is required.
To achieve a 30 min fire resistance rating for ceilings, one layer of 1/2″ Type X drywall or two layers of 1/2″ regular drywall is required or one
layer of 5/8″ regular drywall.
(12)  A single means of egress – provision for the escape of persons from each dwelling unit in the event of fire – may be acceptable if the
following conditions are met:
•  It is properly separated with a 30 min. Fire Resistance Rating
• The flame spread rating of means of escape does not exceed 150 (wood paneling is unacceptable)
• The means of escape does not involve entering another dwelling unit or other occupancy and leads directly to the outside at ground level.
Two means of escape are required if one means of escape is through another dwelling unit. An existing means of egress may be acceptable if
the basement apartment has a sprinkler system.
(13)Ontario building code (O.B.C Part 9 Section 9 Clause 11.2) also requires minimum sound transmission class rating – STC 50 soundproofing between the dwelling units. The worst noise issues are usually noted under the main floor kitchen, bathroom, powder room, foyer and laundry room where the upper floor is not carpeted. The Ontario Building Code’s Supplementary Guidelines recommends either 38mm concrete layer over the sub-floor and two layers of the superior Type X gypsum board ceiling below it or 25 mm concrete lightweight concrete on the sub-floor, absorptive insulation between the ceiling and the sub floor and double layer ceiling.

1. Exits – egress
2. Separations between dwelling units (ceilings and walls), doors, etc.
3. Smoke alarms
4. Carbon Monoxide alarms (per By-law)
5. Electrical inspection

The landlord (owner) is responsible for compliance with the Ontario Fire Code and is responsible to ensure the safety of their tenants in the basement apartment. An individual may be fined $50,000 per offence or one year in jail or both, for violations of the Ontario Fire Code.

The landlord (property owner) is also responsible for compliance with the municipality’s zoning by-law to ensure that the basement apartment is being used/occupied as permitted by the zoning by-law. An individual who is found guilty of a violation of the municipality’s zoning by-law may be fined up to $25,000 per offence and a corporation found guilty of an offence may be fined up to $50,000 per offence.

The Province of Ontario law now requires all the municipalities to allow basement apartments in homes.

In 2009, the Ontario provincial government began developing a long-term affordable housing strategy. Public consultations were held across Ontario. In 2010, the Ministry of Municipal Affairs and Housing released Building Foundations: Building Futures, Ontario’s Long-Term Affordable Housing Strategy (LTAHS). As part of the strategy, Bill 140: Strong Communities through Affordable Housing Act, 2011 was introduced to Provincial Parliament on November 29, 2010, and received Royal Assent on May 4, 2011. To further expand affordable housing opportunities, Bill 140 amended various sections of the Planning Act by:

• • Requiring all the municipalities in Ontario to implement official plan policies and zoning by-law provisions that allow basement apartments in detached, semi-detached and townhouses.
  • Municipalities in Ontario will have the ability to determine appropriate locations and performance standards for these units. Removing the ability to appeal the establishment of these official plan policies and zoning by-law provisions, with the exception of official plan policies that are included in five-year updates of official municipal plans.
  • The changes to the Planning Act for basement apartments came into effect on January 1, 2012. Municipalities in Ontario are required to bring their planning documents into conformity with the new Province of Ontario legislation as part of their five-year official plan review. Alternatively, the municipalities may choose to adopt basement apartments policies in advance of the official plan review.
  • Municipalities will be responsible for determining what standards or zoning provisions should apply to legalize basement apartments with regards to matters such as minimum unit size or parking requirements. Basement apartments must comply with all other applicable laws and requirements, including Ontario Building Code, Fire Code, and municipal property standards. The proposed changes would not “grandfather” (or legalize) any existing basement apartment that does not meet these requirements.
  • Bill 140 amended the Planning Act to require all municipalities to implement official plan policies and zoning bylaw provisions that allow basement apartments. Municipalities must now come up with guidelines on how to regulate them. Until each municipality establishes rules and regulations, it will be status quo which means basement apartments will still be illegal. The province did not give municipalities a deadline to make the change.

The provincial government has made legal basement apartments a priority because it realizes that:

• The cost of living in the province is going up, and the ability for people to buy homes is becoming more pinched, so if the basement apartments are legally permitted, it will allow people to buy a house and supplement their mortgage payments by renting out the basement for the first number of years. Allowing basement apartments is a very astute measure and comprehensive ranging economic policy being brought forward by the provincial government. Also, it would benefit seniors who want to stay in their own homes as they age but find it expensive on a fixed income.
• Basement apartments can provide a separate living arrangement for an elderly family member who for health or safety reasons may no longer be able to live on their own. They can also provide accommodation for a son or daughter who also may be living at home for various reasons. Basement apartments can also provide a second source of income for an older retired couple that allows them to ‘age in place.’ The older couple can move into the basement apartment and rent out the larger dwelling, or they can remain in the principal dwelling and rent out the basement apartment. Over the next 20 years, our senior population is forecast to increase. As such, this aging population trend will contribute to a demand for more flexible inter-generational living arrangements, which basement apartments can help accommodate.
• The municipalities are required to legalize basement apartments in all ground-related dwellings and their ancillary structures in both existing and newly developing residential communities. However, when developing basement apartment policies, the provincial government encourages municipalities to consider constraints such as flood-prone and/or environmentally protected areas, or those with inadequate servicing. Province of Ontario enacted the basement apartment legislation to help municipalities address the crisis since basement apartments provide some of the most affordable rental rates.
• Demand for utilities and services are based on household consumption. However, the number of persons per unit varies broadly and is not directly proportional to the existence of a basement apartment. A house with a basement apartment may or may not have more people than single unit dwellings since the households in basement apartments tend to be smaller (seniors, young adults, singles, single parent families, etc.) Basement apartments tend to have fewer school-age children living in them than single household dwellings.
• Legal basement apartments offer a valid form of affordable housing and increase the availability of affordable housing choices while also offering a homeowner an opportunity to earn additional income.

   

Municipalities are working to change its by-laws to make basement apartments legal. Each municipality must pass municipal legislation to permit basement apartments before new units can be created legally.

 

Individual Municipal Requirements for Legal Basement Apartments

Since parking issues are perhaps the most significant concern associated with legal basement apartments, parking requirements will need to be established into the municipal Zoning By-Law. Specifically, the municipalities can consider requiring at least one off-street parking space for the basement apartment. However, where properties are smaller and narrower in some subdivisions, this may entirely restrict the construction of basement apartments. Therefore, eliminating parking requirements for the basement apartment is an option in certain areas, although this may become a substantial issue since overnight on-street parking is not permitted in most residential areas. An additional challenge to accommodate parking for basement apartment is that the municipal Zoning By-Law currently specifies maximum driveway widths and requires a certain a proportion of the front yard to be maintained as unpaved ‘landscaped open space.’

Restricting the size of the legal basement apartment can help limit the number of occupants, and this can be a further way to help alleviate some of the concerns associated with them. To ensure that the basement apartment are accessory to the principal dwelling, the floor area could be limited to a certain size that is not more than half of the total gross floor area of the primary residence. The number of bedrooms in the basement apartments could also be restricted, and this would help reduce the potential for it to be occupied by larger families, thereby limiting the additional demand for municipal infrastructure and community services.

In an attempt to preserve the character of existing homes and neighborhoods, when a legal basement apartment is constructed, the municipality could require the external appearance of the principal dwelling be maintained and permit only one front entrance to a house. This would help ensure that the basement apartment is incorporated into the surrounding neighborhood of the property with minimal aesthetic impact. However, this stipulation may also restrict the construction of basement apartments, since it may be very costly or even impossible to construct a separate entrance for the basement apartment at the back or side of the principal dwelling.

As a way to help address concerns surrounding the potential for both the principal dwelling and the basement apartment to operate as rental units, the municipalities may consider a zoning provision to require that either the principal dwelling or basement residence be owner-occupied. While this may be difficult to enforce, it could help address property standards concerns regarding basement apartments and their potential to negatively affect the existing character of neighbourhoods.

In an attempt to encourage both the creation and legalization of new and existing basement apartments, some jurisdictions have waived building permit and inspection fees for one year. Some municipalities have also provided grants to support their construction as part of a local affordable housing strategy. Funding could be allocated in the capital budget for this type of an initiative under the authority of a Community Improvement Plan, as legislated under the Planning Act.

City of Mississauga – Requirements to permit legal basement apartments in Mississauga.

Mississauga City Council approved a plan to allow second units on July 3, 2013. The program includes official plan policies, zoning regulations, and licensing requirements. It will be in full force in January 2014. Legal second units will  be allowed in detached, semi-detached and townhouse (maximum one basement apartment per house) and must have:

• A minimum setback of 1.2 m for new entrances.
• Basement apartment cannot change the existing use of a dwelling.
• Minimum gross floor area of a basement apartment shall be 35m² (377 ft²t).
• Basement apartment shall not occupy more than 50% of the gross floor area residential of the dwelling within which it is located.
• A new pedestrian entrance facing a street or a private road or to facilitate a second unit, shall not be permitted.
• One on-site parking space for basement apartment in addition to required parking for the dwelling. Tandem parking spaces to accommodate a basement apartment shall be permitted.
• Only one driveway per lot.

The City of Mississauga prohibits:

• New entrances facing the street.
• Exterior entrance above the first floor.
• Stairs, stairwells for entrances below grade facing a street.

Registration of a basement apartment is $500 for owner-occupied home & $1,000 for investment property Investment license would require a minor variance. The following documents are also required to apply for a licence for a basement apartment:

• Letter from the Fire Chief stating that an inspection has been conducted of the location, within thirty (30) days of the date the application for the A licence is submitted, and it complies with all the provisions of the Fire Protection and Prevention Act, S.O. 1997;
• Certificate of an Inspection report issued by the Electrical Safety Authority certifying that an inspection has been conducted on the location, within thirty (30) days of the date the application for the Licence, and that there are no visible fire, shock or electrical safety hazards and the property complies with the requirements of the Ontario Electrical Safety Code.
• Proof of Insurance which the Owner shall take out and keep in full force and effect throughout the term of the Licence and any renewals thereof, general liability insurance concerning the The second Unit against claims for personal injury, death or property damage or loss, indemnifying and protecting the Owner, their respective Employees, servants, agents, contractors, invitees or licensees, to the general limit of not less than Two Million ($2,000,000) Dollars on a per Occurrence basis. Such insurance shall specifically state by its wording or by the endorsement that: (i) The Corporation of the City of Mississauga is included as an additional insured under the policy; and Such policy shall not be terminated, canceled or materially altered unless written notice of such termination, cancellation or material alteration is provided by the insurers to the Corporation of the City of Mississauga at least thirty (30) clear days before the effective date thereof.
• Every Owner shall: (a) Keep and maintain the following written records and shall make these records available for inspection immediately on the request of the Licence Manager or Officer: (b) The full name of the Tenant(s); (c) Records of inspections every three (3) months for Investor-Dwellings. (d) Post a fire safety plan, approved by the Fire Chief in a conspicuous place in the Second Unit. (e) Ensure that each floor of the Dwelling is equipped with a functioning Fire Extinguisher. (f) Provide written proof that the Tenants have been advised that the Licence Manager or Officer will be requesting permission to enter all Second Units on the Property (at a time and day convenient to the City, the Licensee, and the Tenants) to conduct inspections under this By-law. (g) Maintain compliance with all applicable provisions of the Zoning By-law as it relates to a Second Unit, including any conditions imposed by the Committee of Adjustment for a minor variance. (h) Either personally or by their Agent, inspect the Investor- Dwellings every three (3) months to ensure compliance with this By- Law and any other applicable law and file an inspection report on the form provided by the Licensing Section including all remediation action to be taken, and a time frame for gaining compliance where non-compliance is found by March 31, June 30, September 30 and December 31 of each calendar year. (i) Submit in writing, the name, address and contact information for any individual that will be acting as their Agent to conduct and report on inspections, where applicable. (j) Ensure that the current Business Licence Number for the Licenced Dwelling appears on all advertisement for the business.
• No Licenced Owner shall: (a) Permit the occupancy of, for sleeping purposes, any basement or any space used or designed to be used as a lobby, hallway, closet, bathroom, laundry room, stairway or kitchen or any room having a floor area of less than 80 square feet or any room being less than 7 feet 6 inches from the floor to ceiling. (b) Permit non-compliance with the Property Standards By-law, the Nuisance Weeds and Long Grass By-law, the Nuisance Noise By-law, the Nuisance Lighting By-law, Open Air Burning, the Noise Control By-law, and all other applicable by-laws and applicable provincial laws including but not limited to the Building Code Act, the Fire Protection and Prevention Act, and the Accessibility for Ontarians with Disabilities Act. (c) Permit the construction, renovation, alteration or addition is carried out on the Licensed Dwelling without first obtaining the necessary Building Permit as may be required.

City of Burlington – Requirements to permit a legal basement apartment in Burlington

• Legal units are only allowed in detached homes.
• Minimum Basement Apartment floor Area – 42 m² (452 ft²) Maximum Basement Apartment floor Area – 30% of the total floor area of the house.
• The minimum frontage of the Lot 15 m (50 ft) The minimum rear yard of the Lot – 135 m² (1,453 ft²) One parking space per basement unit (two parking spaces are required in some instances).
• Driveway maximum width– 7.35 m (24 ft) on 15 m (50 ft) lots Maximum hard surface – 50% No parking in rear yard Separate exterior entrance required but prohibited on front elevation.

The City of Hamilton- Requirements to permit legal basement apartments in Hamilton.

The city of Hamilton allows legal basement apartments. Hamilton has had a long-standing concern with being able to accommodate their residents through affordable housing and is one of the most progressive cities in Ontario when it comes to working with homeowners and investors to comply with the bi-laws for secondary suites. Legal basement apartments are permitted in detached and semi-detached homes and must have:

• Minimum of two on-site parking spaces must be provided.
• No alteration to the external appearance. Owners must preserve streetscape character.
• No impact on the surrounding neighbourhood.

The City of Cambridge – Requirements to permit a legal basement apartment in Cambridge

The City will encourage the establishment of a secondary residential unit within or attached to the existing residential buildings in all zones where Residential uses are permitted without an amendment to the City’s Zoning By-law.

Secondary residential units must be in accordance with the following criteria:

• Appropriate parking arrangement can be accommodated on the property.
• No separate access to a municipal road is required.
• The secondary residential unit is compatible with neighbouring residential properties and the surrounding residential neighbourhood
• Adequate potable water and wastewater treatment is available to accommodate the secondary residential unit
• The secondary residential unit is subordinate in scale and function to the main dwelling unit compliance with the City’s minimum standards of maintenance and occupancy and other applicable legislation.

City of Guelph – Requirements to permit a legal basement apartment in Guelph

• Permitted within a single-detached or semi-detached house.
• One additional off-street parking space required – must have a double driveway. To avoid street accessibility issues, requiring two parking spaces to be accessible at all times provides the opportunity for one car from each unit to have direct access to the roadway.
• Maximum size to be 80 m² (860 ft²) and not more than 45% of the principal dwelling’s total floor area.
• Maximum of two bedrooms.
• The external appearance of the front facade of the house must be preserved Must preserve the front facade Maintain single entry (i.e., rear yards not to be divided)
• Basement Apartment Registration Fee: $100 – But 5-year period without fee to encourage existing units to be legalized.

Town of Ajax – Requirements for a legal basement apartment in Ajax

Legal basement apartments are permitted in Town of Ajax in all residential zones, excluding RM4, RM5, and RM6.To obtain a permit for a basement apartment must meet the following requirements:

• Minimum of three off-street parking spaces – Two parking spaces for the principal dwelling unit and one additional parking space for the basement apartment.
• Minimum gross floor area of 25 m² (269 ft²) and the total gross floor area of the accessory apartment is not more than the ground floor area of the dwelling in which it is located.
• Basement apartments used or occupied on/or before Nov 16, 1995, are not required to meet the zoning requirements as Section 76(1) of the Planning Act “grandfathers” these basement apartments, however, a building permit is required.
• When the House is less than five years old, the basement apartment is reviewed under Part 9, Division B of the Ontario Building Code, the construction requirements of the Ontario Building Code are more restrictive.

Typical Building Code requirements are as follows:

• Minimum window areas for light are 10% of the floor area for living/dining rooms, and 5% of the floor area for bedrooms45 minute fire separation
• Separate heating systems
• Hard-wired, interconnected smoke alarms located within each dwelling unit and all shared areas
• Carbon monoxide detectors, within each dwelling unit adjacent to each sleeping area
• Town of Aurora – Requirements to Legalize Basement Apartment
• Only one unit is permitted to have a home occupation.
• Basement apartments are not permitted in buildings located within the flooding and erosion hazard limits of all watercourses.
• Basement apartment registration fee: $150 and $75 if additional inspections are required.

 

Town of Bradford West Gwillimbury – Requirements to permit a legal basement apartment in Bradford

• • • Permitted in a detached home, semi-detached home or place of worship, and shall be located entirely within the same main building
      One basement apartment per lot.
    • No more than one entrance to a house is contained within the front facade and the entrance to the basement apartment must not be located within a private garage.
    • Minimum size to be 38 m² (409 ft²) and the maximum size to be 45% of the gross floor area of the principal building.
    • One additional parking space per unit.
    • If located in an area serviced by private servicing, the lot must be an adequate size and the private waste disposal system must be sized to accommodate the basement apartment. Furthermore, if there is a private water supply, this water supply shall be adequate to accommodate the basement apartment.
    • Approval is required from The Region of York or appropriate approval agencies for the provision of adequate water supply
      and sewage facilities.