Ontario Legal Basement Apartment Requirements

Do you have a large basement in your home? Is it a fully furnished living space with appliances, furniture, décor, laundry room, and kitchen — maybe even a foosball table? In addition, you should also consider the excess waste your home produces and potential water drainage issues in the basement. The landlord (landlord) is responsible for compliance with the Ontario Fire Code and is responsible for ensuring the safety of their tenants in the basement apartment. A person can be fined $50,000 per offence or one year in jail, or both, for violating the Ontario Fire Code. Legal basement apartments must have separate water shut-off valves from the main unit and may require a backflow preventer (depending on the situation). Legal basement dwellings may exist in septic homes, but the current septic system must be able to support the additional load. I love it in an illegal basement in Banff. No fire alarm in my unit and it`s outside in the hallways of the building where you can barely hear it. The basement has a small window with a terrace above and a steel rain sensor. So if there was a fire in the hallway, I would be trapped. The luminaires are not installed properly and certainly present a fire hazard. However, before we get into the pros and cons of renting out your basement, let`s first take a look at what makes a basement apartment legal in Ontario and Quebec. A basement apartment may be just what you need to earn the extra income needed to make your dream purchase affordable, but beware of pitfalls and remember that as a buyer, you take full responsibility for a non-compliant home, no matter when you bought it. Smart real estate agents never list a home as a legal basement apartment because they don`t want to guarantee that the basement apartment is fully compliant with all applicable fire safety regulations, building codes, Electrical Safety Authority regulations, and zoning and housing standards.

According to a study by Canada Mortgage and Housing Corporation (CMHC), more than 15% of Toronto`s homes have basement rental units. The study also notes that basement apartments are more common than alternatives such as alley houses and second-floor apartments. Their popularity is partly due to the fact that cities promote their development to address rent shortages and high housing prices. It can be located in your house or property, above an alley garage or in a coaching inn. This document generally applies to building code requirements for second units in homes and not for second units in garages or sheds, although some of the same rules apply. Keep in mind that requirements may vary depending on where you live, so check your municipality`s bylaws before listing your property on rental sites. You may need to do some serious renovations! On October 17, the recreational use of cannabis will become legal in Canada. How will this affect landlords in Ontario? The process of renting a legal basement can be overwhelming for new homeowners. But don`t worry: we`ve broken it down into easy-to-digest steps! Making the basement ready for rent is not as easy as attaching new curtains to the windows. In fact, you might unknowingly break the law if you`re already renting your basement. One of the main disadvantages of a basement apartment is that you, as the owner, have less privacy.

First of all, if you rent part of your house, you will essentially be living with a stranger in your own home. Even if the soundproofing of your home is not good, you can hear it at any time of the night. On the other side of the Ottawa River, in a basement apartment in Quebec, there are specific regulations based on the location of the apartment. From a provincial perspective, the most pressing concern is the location and availability of an exit window as a second means of egress. An exit window should be large enough for a child and an adult to climb and open freely, without burglar-proof grilles. Considering that a second apartment requires a full bathroom, kitchen, and other amenities, and puts everything in compliance with current building and fire regulations, costs can skyrocket. According to Debora Tricarico, one of our renovation consultants, a complete transition from an unfinished basement to a legal basement apartment typically starts at $70,000. Despite their lucrative income potential, renting out your basement isn`t something you can do on a whim. There are certain requirements that you must meet before you are allowed to convert it to rental housing. It is important to meet the requirements of planning and building regulations. This will help ensure that your home and second unit are legal, safe, and healthy places to live. Limiting the size of the apartment to the legal basement can help limit the number of occupants, which can be another way to alleviate some of the concerns associated with it.

In order to ensure that the basement apartment is equipped with the primary residence, the floor area could be limited to a certain size, which does not exceed half of the total gross floor area of the primary residence. The number of bedrooms in basement apartments could also be limited, which would help reduce the potential for larger families and thus limit the additional demand for municipal infrastructure and services. This document fulfills a commitment made in Ontario`s Housing Supply Action Plan to provide homeowners with a user-friendly guide and checklist to help you build a second legal home. As you can see, there is a lot of thought and planning in a legal basement apartment. You want to make sure that whether you`re looking to add a secondary suite to your existing home or buy an investment property, you need the help of an experienced real estate agent who can guide you through the process. Your second unit must meet sanitary requirements. At the very least, you need: It is quite clear that even among real estate professionals there is considerable confusion about what constitutes a legal basement apartment. There`s a good reason for this: the rules for basement apartments are complex.

Multiple codes and regulations at different levels of government make basement apartments an extremely confusing topic! I am in the process of moving into a family home in Gloucester. Is it allowed to finish the basement with a side entrance door (there is enough space to accommodate this – 15 feet from the building wall to the fence). How quickly is it allowed for the above changes and you can`t show me where to find the necessary costs and permits. A legal basement apartment in Ontario is a form of second residential unit that meets the requirements of the Ontario Building Code for second units, the Ontario Fire Code and local municipal zoning ordinances. Mississauga City Council approved a plan to allow the second unit on July 3, 2013. The program includes official plan guidelines, zoning by-laws and permit requirements. It will enter into force in January 2014. Second legal units are permitted in single-family homes, semi-detached homes and townhouses (maximum of one basement apartment per house) and must: Even if your basement apartment is considered “illegal”, the lease and the protection it offers are not automatically considered null and void. The tenant would still have the same rights as any other tenant in Ontario. To address concerns about the potential of the main unit and basement apartment as rental housing, municipalities may consider a zoning provision requiring the primary unit or basement apartment to be owner-occupied. While this may be difficult to enforce, it could help address concerns about basement housing standards and their potential to negatively impact the existing character of neighbourhoods. Among the most important elements to consider are the exit (escape route in case of fire), the minimum ceiling height, windows and smoke detectors.

It is also important to note that a licensed contractor must do all the work on your basement apartment. If you rent a second apartment, you will have to pay rent tax to the provincial government. Many new owners don`t know this when they start the process, and things get complicated quickly. There are many ways to reduce your tax burden, and it`s best to speak to a trusted chartered accountant who is familiar with the different exemptions and ways to reduce rental income tax. What would be the first step in converting the basement to a legal basement? I am in Stoney Creek, Ontario. On paper, this is a family home. But if the detached house meets all the requirements mentioned for a legal basement, how do I proceed to renovate it? How much does it cost to have it legally certified? If you`ve been paying attention to real estate news in recent years, you know that one of the hottest markets is the rental market. From bachelor parties to 2-bedroom apartments, the lack of available and suitable housing has created a need in some of Canada`s largest cities. For this reason, many people in and around Toronto and Montreal began to investigate whether their basement could be converted to a legal basement. When you browse the listings on MLS, you will usually see the advertisement (or disclaimer) stating that the basement apartment meets (or does not) fire safety requirements.

For example, in February 2022, the average rent for a one-bedroom basement apartment in Canada was $1,400. You must also have minimum ceiling heights in your rooms.