Building a Legal Basement Apartment in Ontario: What to Know First

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Building a Legal Basement Apartment in Ontario: What to Know First

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A legal secondary suite can bring in rental income or keep family close. Here is what makes a basement apartment legal, and what to check before you start.

Ontario's rules now allow additional residential units in many houses, which has made legal basement apartments one of the most common renovation projects in the province. But a suite is only legal when it is built under a building permit and passes inspection. Here is what that involves.

Start With Your Property

Before any design work, check what your municipality allows on your lot. Zoning bylaws set rules on the number of units, parking, entrances and sometimes the size of the suite, and these rules differ from one municipality to the next. A contractor familiar with secondary suites should check this with you first.

The Building Permit

Every new unit needs a building permit. The permit application usually needs drawings showing the layout, fire separations, exits, windows and mechanical systems. The suite is then inspected at stages during construction.

What the Code Looks At

The Ontario Building Code and Fire Code set the requirements that make a suite safe. The main areas are:

  • Fire separation between the two units
  • Exits, and windows in bedrooms large enough to escape through
  • Ceiling height and clearances
  • Smoke and carbon monoxide alarms, usually interconnected
  • Heating and ventilation
  • Electrical work under an ESA permit and plumbing to code

Existing Basement Apartments

Many homes already have a basement unit that was never permitted. These can often be brought up to code, but the work depends on what is there now. Expect an assessment of fire separation, exits, ceiling height and alarms, followed by a permit for the work needed.

The Bottom Line

A legal suite is safer, easier to insure and adds value when you sell. Check what your property allows, plan the suite around the code from the start, and build it under a permit.

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