Requirements For a Basement Apartment Legalization in Most of GTA Municipalities

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.

Read about requirements for a basement apartment legalization in most of GTA municipalities

Town of Ajax 

Legal basement apartments are permitted in Town of Ajax in all residential zones, excluding RM4, RM5, and RM6. To permit an 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 bedrooms 45 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

• 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 

• 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 of 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.

Registration fee for basement apartment is $1,000

City of Brampton will approve legal basement apartments very soon

Brampton’s Official Plan permits basement apartment through a rezoning process. Only basement apartments that were built before November 16, 1995 and were registered with the City of Brampton before January 31, 2006 are considered legal.

About 3,000 homes in Brampton have legal basement apartments that homeowners built after the Government proclaimed Bill 120. For these units to be legal, the owners had to have built them before November 16, 1995 and the owners had to have registered them with the City of Brampton before January 31, 2006 or they had to have legal non-conforming status.

The City of Brampton strictly prohibits homes that owners have subdivided their houses into more than two units, unless the City has specifically zoned the property to permit multiple dwelling units. The City of Brampton has zoned only very few houses as triplexes.

All legal registered basement apartments in Brampton had to comply with the Building Code and Fire Code when the City approved them. If the owner afterwards modified the home or added more units, the owner would have had to get a building permit and arrange for City staff to inspect the property before construction could begin.

The current zoning of City of Brampton with an estimated 30,000 illegal basement apartments, does not permit new basement apartments. According to the current zoning by-law If you did not have a basement apartment in your home before November 16, 1995, you cannot add one in Brampton.

Currently you have to request the City of Brampton  to change the zoning bylaw before it can permit a new basement apartment. Requesting  the City of Brampton to change the zoning bylaw requires you to submit a zoning bylaw amendment application and a fee of $7,759 to the City’s Planning, Design and Development Department. The staff of the department will process your application and recommend whether City Council 

should approve your application to change the zoning bylaw. The rezoning process includes:

• City staff holding a public meeting to allow anyone living within 800 meters of your property line -- or any other person interested in your application -- to comment.
• You post a sign on the property, detailing the nature of your application.
• City Council decides whether to approve or refuse to change the zoning.
• You or anyone who attended the public meeting, expressed a view or made a written submission can appeal City Council’s decision on your zoning application to the Ontario Municipal Board. The zoning amendment process can take about six months to a year to complete. For further information on how to apply for a zoning amendment, contact the Planning, Design and Development Department at 905-874-2090.

Basement apartments in Brampton will continue to require a rezoning application until policies and zoning by-law provisions to permit them are in place as per Bill 140. In response to direction in Bill 140 for municipalities to permit second units, City of Brampton is required to implement policies in the Official Plan and performance standards in the Zoning By-law. City of Brampton will modify their by-law to further accommodate Bill 140 and changes to the Planning Act.

Following  the release of the Province’s Long-Term Affordable Housing Strategy, Planning staff provided a Status Report to Planning, Design and Development Committee on April 4, 2011, the City staff was directed to propose a course of action for reviewing the City’s Official Plan and Zoning By-law in order to achieve conformity with the new requirements of the Planning Act. A second Status Report was presented at the November 21, 2011 Planning, Design and Development Committee meeting, outlining how the City staff plans to implement the legislation through a policy, by-law and licensing review. The report recommended that a Technical Advisory Committee be established to oversee the policy review. An inter-departmental team has been created and includes staff from the Chief Administrator's Office, Planning, Building, By-law 

Enforcement and Fire & Emergency Services. A Recommendation Report was presented to Committee of Council meeting of May 16, 2012, seeking direction to proceed with the Open Houses (public consultation sessions) across the City. Five public consultation sessions were held during the month of June 2012 to receive input on the Second Units Policy Review. The presentations are available in English, Punjabi and 

Hindi.  Following these sessions, a Public Consultation Summary Report was prepared by Lura Consulting. Two additional Open Houses (public consultation sessions) were held in May 2013 and June 2013 to provide additional opportunity to comment on the City’s proposed approach for permitting Second Units in Brampton.  A second Recommendation Report was presented to Committee of Council Meeting of June 12, 2013 to present the results of the Open Houses and a refined approach.  A statutory Public Meeting was held on October 7, 2013 to provide the public an opportunity to comment on the City’s draft Official Plan Amendment and draft Zoning By-law Amendment for permitting second units.

For more information on the City’s policy review for basement apartment please contact City of Brampton's Policy Planner, Land Use Policy Daniella Balasal, by phone 905-874-2061;   via  fax 905-874-2099;    by email    daniella.balasal@brampton.ca  

City of Burlington - Requirements to legalize basement apartment        

• Allowed only 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
• Minimum frontage of the Lot 15 m (50 ft)
• 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 Cambridge - Requirements to approve a legal basement apartment

The City of Cambridge Draft Official Plan – Public Consultation Draft June 2011 2.8.2.8 Residential Lands, Secondary Residential Unit 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 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; and
• compliance with the City’s minimum standards of maintenance and occupancy, and other applicable legislation.

City of Guelph - By-law requirements to legalize a basement apartment

• Permitted within a single-detached or semi-detached houses
• 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
• External appearance of the front facade of the house must be preserved
• Must preserve 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 Georgina - Requirements to legalize a basement apartment

• Permitted within a single family home, semi-detached home or townhouse
• One basement apartment permitted per lot
• Only one entrance to a house is permitted on the front facade
• Four parking spaces are required
• Not permitted within any house serviced by a private septic system which is located within 100 m of the Lake Simcoe shoreline or any permanent stream
• Not permitted in lands affected by flooding, erosion or located within hazardous lands identified by the Lake Simcoe Region Conservation 
• Authority, unless a permit is issued by the Conservation Authority

City of Hamilton allows to legalize basement apartments

• Ward specific - Allowed singles and semi-detached homes, varies by ward
• Can be appropriately serviced
• Minimum two on-site parking spaces must be provided
• No alteration to external appearance
• Must preserve streetscape character
• No impact on surrounding neighbourhood

Kitchener now allows legal basement apartments

Kitchener already allows for basement apartments in most areas of the city

City of Markham - Legal Basement Apartment Requirements  

• Permitted within any single or semi-detached houses
  
• No additional parking space required
  
• Must be secondary to primary dwelling
  
• No more than one basement apartment per lot
  
• Maximum basement apartment floor area not to exceed 45% of floor area of primary unit (as existed before basement apartment)
  
• Minimum basement apartment floor area 35 m² (376 ft²)
  
• Maximum driveway width is equal or greater of
  
• Garage Door width plus 2 m provided in the case of a lot with a lot frontage less than 10.1 m (33 ft), a minimum of 25% soft landscaping is 
  provided in the front or exterior yard in which the driveway is located and in the case of a lot with lot frontage 10.1 m (33 ft)or greater, a 
  minimum of 40% soft landscaping is provided in the front or exterior side yard in which the driveway is located or up to 6.1 m (20 ft), 
  provided a minimum of 40% soft landscaping is provided in the front or exterior side yard in which the driveway is located.
• Subject to property standards
  
• Not be conspicuous from the street or change appearance of dwelling
  
• No entrance through garage door
  
• Initial inspection by Fire Department $300. Basement Apartment Registration $150
  
• Inspection and Registration every 3 years
  

Town of Midland

• Permitted within a single-detached dwelling
• One basement apartment per single-detached house
• The external appearance of the front facade of the single-detached house or any other facade facing a street on which the lot has frontage shall 
• be preserved
• Minimum floor area of 35 m² (376 ft²) and shall not exceed 45% of the total floor area of the single-detached house or a maximum of 80 m² (861 
• ft²) in floor area
• Two parking spaces required (one for each dwelling unit)
• Basement apartment must be registered with Town of Midland every 3 years
• Building permit and inspection fees for existing units waived for a period of 1-year

.

Town of Milton - Requirements to allow legal basement apartments in Milton

Currently basement apartments in Town of Milton are permitted as per the Zoning By-law 144-2003 section 4.1.1.3 in a single detached houses only, provided that:

• Only one basement apartment unit shall be permitted per lot and shall be located within the main house;
• A minimum of one parking space per basement apartment unit is provided;
• The house must be on full municipal water and waste water services; and,
• The basement apartment shall not exceed a maximum size of the 65 m² (700 ft²)

Town of Milton will modify their by-law to further accommodate Bill 140 and changes to the Planning Act. Town of Milton was also designated an Urban Growth Centre by the Province of Ontario's Places to Grow Plan with which requires Town of Milton to "Intensify" population within a defined built boundary.  

City of Mississauga - Requirements to permit legal basement apartments in Mississauga

Mississauga City Council approved a plan to permit second units on July 3, 2013. The plan includes official plan policies, zoning regulations and licensing requirements. It will be in full force in January 2014. Legal second units must have a City of Mississauga licence.

• To be allowed in city wide - detached, semi-detached and townhouse (maximum one basement apartment per house)
• Minimum setback of 1.2 m for new entrances
• Basement apartment cannot change existing use of 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 dwelling. Tandem parking spaces to accommodate a basement apartment shall be permitted;
• Only one driveway per lot
• Prohibit new entrances facing street
• Prohibit exterior entrance above first floor
• Prohibit stairs, stairwells for entrances below grade facing a street
• Registration of Basement Apartment $500 for owner occupied home & $1,000 for investment property
• Investment license would require minor variance

The following documents are also required to apply for 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 Licence is submitted, and it is in compliance with all the provisions of the Fire Protection and Prevention Act, S.O. 1997;
• Certificate of 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 is in compliance 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 in respect to 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 inclusive 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 endorsement that The Corporation of the City of Mississauga is included as an additional insured under the policy; and such policy shall not be terminated, cancelled 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:

• Keep and maintain the following written records and shall make these records available for inspection forthwith on the request of the Licence Manager or Officer the full name of the Tenant(s) and records of inspections every three (3) months for Investor-Dwellings
• Post a fire safety plan, approved by the Fire Chief in a conspicuous place in the Second Unit
• Ensure that each floor of the Dwelling is equipped with a functioning Fire Extinguisher.
• 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) for the purposes of conducting inspections under this By-law.
• 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.
• Either personally or by their Agent, conduct an inspection of 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.
• Submit in writing, the name, address and contact information for any individual that will be acting as their Agent for the purposes of conducting and reporting on inspections, where applicable.
• Ensure that the current Business Licence Number for the Licenced Dwelling appears on all advertisement for the business.

No Licensed Owner shall:

• 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.
• 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.
• 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.

Town of Newmarket - Requirements for approval of basement apartments in Newmarket

• Permitted city wide in all single family or two family zone (in single detached, semi-detached, or row house dwellings)
  
• Total of four exterior parking spaces to the garage must be provided - Town of Newmarket requires four exterior parking spaces.  A 
  smaller parking space size 2.6m x 5.7m is used to provide more ‘wiggle’ room to accommodate the four required parking spaces in 
  Newmarket. The Town of Newmarket Committee of Adjustment has approved three applications for a reduction in number of parking 
  spaces since 2003 when the recent policies were implemented.  Four  parking space requirement precludes basement apartments within 
  some of the newer residential developments, due to smaller lots restricting the ability to widen driveways.
• The primary dwelling and basement apartment must be serviced by full municipal water and sewer
  
• Front facade shall not be altered. The external appearance of the house must not be altered
  
• No new basement apartments will be permitted within the Environmental Protection Open Space (OS-EP) Zone or within the Floodplain and 
  Other Natural Hazards (FP-NH) Zone as delineated by the Lake Simcoe Region Conservation Authority.
• Maximum size to not exceed 40% of the total gross floor area of the dwelling unit located above grade
  
• Basement Apartment must locate within main dwelling
  
• Maximum basement apartment floor area must not exceed 40% of total floor area located above grade
  
• Daycare is not permitted in the basement apartment
  
• Basement Apartment Application fee $110
  

City of Niagara Falls

Official Plan – Amended May 2011

4.6 Housing Strategy

An accessory apartment shall be permitted within a single detached dwelling in all residential areas provided that following criteria can be satisfied.

4.6.1 The accessory apartment is subordinate in size to the principal use.

4.6.2 The lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas.

4.6.3 The building age and condition are capable of supporting the intensified use and requirements of the Building Code and Maintenance and Occupancy Standards By-law can be satisfied.

4.6.4 Any proposed building addition for an accessory apartment satisfies the single detached zoning requirements relative to height, setbacks and coverage for the entire dwelling and shall not detract from or alter the building form and/or character of the area.

Town of Oakville

Oakville allows basement apartments in some areas. The current registration fee for a basement apartment is $300. In certain areas of town, like North Oakville, they’re allowed because they fit. Other places where basement apartments don’t fit, they’re not allowed. Basement apartments are allowed in newer areas, such as the burgeoning communities along Dundas Street.

Under the Livable Oakville Plan, Town of Oakville will modify its by-law to further accommodate Bill 140 and changes to the Planning Act. Establishing zoning regulations regarding location and additional requirements for basement apartments remains the responsibility of the Town of Oakville.

Town wide (currently only specific zones permit legal basement apartments) Town of Oakville's review of best practices identified that most zoning by-laws place a maximum size on basement apartment with additional clauses dealing with design and compatibility measures (i.e. prohibiting a separate access to the accessory dwelling unit on the main front wall of the detached dwelling), required minimum one parking space for the basement apartment, and additional location restrictions.

Town of Oakville's staff is recommending the first draft Zoning By-law permit one basement apartment within either a detached or semi-detached house with a total floor area not exceeding a maximum of 30% of the floor area of the house which would include the area of a basement. In addition, a separate entrance to the unit will be prohibited on the main front wall of the house thereby maintaining the existing character of the 

house. The intent is to encourage an entrance through a common vestibule in order to maintain the single dwelling unit appearance of the house.

Town of Pickering - Requirements to legalize basement apartment

• Allowed only in singles and semi-detached homes
  
• Basement Apartment must be smaller than primary
  
• Maximum  Basement Apartment floor Area 100 m² (1,076 ft²)
  
• No home-based business - Home-based business is prohibited in either dwelling unit of a dwelling containing a basement apartment
• Three on site parking spaces required
  
• Basement Apartment Registration Fee: $500
  
• Must demonstrate compliance under Ontario Fire Code
  

Town of Richmond Hill

Requirements are still under development

• To be allowed city wide in detached and semi detached homes
• Maximum basement apartment floor area must not exceed 265m² (2,853 ft²)
• Minimum frontage 9 m (30 ft)
• Minimum lot area 30%
• Minimum one additional parking space
• Only one driveway apron shall be permitted to a lot with a frontage of less than 18 m (59 ft)
• Driveway maximum – depends on lot size