What is a Legal Secondary Suite and What Must It Have?

Long gone are the days when basements were only used as storage rooms or abandoned spaces. Today, homeowners are renovating and transforming their basements into fabulous spaces. With a help of basement renovation contractors in Toronto, some turn their basements into a home theatre, while others turn them into an extra bedroom or kitchen. The options are virtually endless. It all depends on how big the space is, how bold your vision is and how much money you have. A popular trend is that of transforming basements into secondary suites that can be rented out to tenants.

A secondary suite can be rented out to tenants or used as an in-law suite for guests. Even so, most homeowners choose to rent out their basement apartments to generate extra income that can be used to meet other needs. All in all, it is essential to note that not all basement apartments meet the requirements of a legal basement suite. Whether you want to rent out your basement or rent a basement apartment, it is important to understand what makes a legal basement suite.

What is a Legal Basement Suite?

In simple terms, a legal secondary suite is an apartment situated within a home that is registered with the city municipality. There are so many financial benefits that come with having a secondary suite in the home.

However, before you can start generating income with a basement apartment, there are a couple of legal guidelines your basement has to comply with so as to make it a legal secondary suite. Tenants will be familiar with this fact too. If you plan on renting out your basement in Canada, there are a few things you will have to consider.

What Are the Requirements to Build a Secondary Suite?

To start with, if you plan on remodelling your basement to transform it into a basement apartment, you need to follow some requirements. The good news is the right contractor will help you understand the legal requirements and help you apply for all relevant permits before you get started. The contractor will also ensure that all housing standards by-laws are met. Here is the list of documents that you will need.

The Ontario building code sets minimum standards for building construction. It is under the building code act and provides technical and administrative requirements for building construction. Toronto secondary suite requirements are however more stringent than the building code.

The National Fire Code of Canada 2015 (NFC) is developed by the Canadian Commission on Building and Fire Codes and published by the National Research Council of Canada (NRC). This body establishes the technical provisions that oversee activities in respect of;

  • Condition of particular aspects of facilities and buildings
  • Construction, demolition or use of buildings and facilities
  • Design or construction of particular areas of facilities that may affect certain hazards
  • Protection measures for the planned or present use of buildings

These requirements are normally adopted at the provincial/territorial level and enforced by local municipalities.

The Ontario Electrical Safety Code explains Ontario’s standards for electrical installations, equipment and products. It is generally a technical document that stipulates certain guidelines that must be adhered to. The code is updated every 3 years by the Electrical Safety Authority.One way you can reduce the risk of fire, shock and electrocution is to make sure that electrical work in your home is done by a qualified electrician and that it meets the requirements of the Ontario Electrical Safety Code.Inspectors will look at whether you meet the Building Code and Fire Code requirements. They’ll also review requirements for electrical permits from the Electrical Safety Authority (ESA).You won’t receive a building permit if the property you wish to attach the secondary suite to does not comply with the Building Code.If you’re doing any electrical work, you need to get an electrical permit from the Electrical Safety Authority (ESA). When you fail to get the permit, you will not get a legal secondary suite designation. Sometimes, the inspector may agree on a different solution. However, the alternative may not be feasible because it may require significant renovation work.

Additional Legal Secondary Suite Requirements

While the legal requirements for a secondary suite may vary depending on where you live, there are specific requirements that you need to meet. Here are the main ones.

  • Your house has to be at least 12 months old.
  • During the renovation, only minimal changes should be made to the appearance of your house’s exterior.
  • The secondary suite that you create has to be smaller than the main dwelling unit.
  • The ceiling of a basement apartment has to be soundproofed and at 6’5”.
  • The bathroom should have a fan installed.
  • The doors that are installed in the basement should be no less than 1.75 inches thick. They should be made of metal or solid wood. There must be a ½ inch gap at the bottom to make sure there is adequate air movement.
  • The egress window in the sleeping area should be openable from the inside and without relying on tools.
  • The exterior door has to be at least 32 inches’ x 78 inches in size.
  • The windows should be no less than 18 inches with an opening of not less than 600 square inches.
  • The kitchen of the legal secondary suite should have a stove and refrigerator. These have to be in good working condition.
  • The kitchen cupboards should have a capacity of not less than four cubic feet multiplied by the basement apartment’s total occupancy.
  • The kitchen stove should be equipped with an exhaust hood fan. The exhaust must be directed to a vent to the outside of the house.
  • The basement apartment must have carbon monoxide and smoke alarms installed and properly maintained.

While the list may seem long, it is not exhaustive. The best way for you to ensure that your basement apartment is legal is to work with an experienced basement renovation contractor. The basement renovation contractor is familiar with the legal requirements in your area and will ensure that all of them are met. The contractor can also help with a basement inspection to ensure everything is in order before you rent out your basement apartment.

What Makes Having a Legal Secondary Suite Important?

Creating a legal basement apartment is crucial because it guarantees the overall safety of the occupants in the whole building. You also need to keep in mind that the requirements for a basement apartment vary from one city to the next.

With that in mind, you must check the specific laws in your area before you start working on your remodelling project. The benefits of having a legal secondary suite are, without a doubt, worth it.

Here are the key reasons why you should have or rent a legal secondary suite:

  • A legal secondary suite reduces fire risks as well as other health hazards.
  • Prevents unsafe utility connections like plumbing, HVAC and electricity
  • It helps you avoid faulty or incomplete basement remodelling and renovation jobs.
  • It saves you money on potential utility overload problems and helps you avoid getting into legal trouble.
  • A legal secondary suite is more attractive to tenants because they know it is safe, and there is no risk of being evacuated prematurely due to legal issues.

Although it is important to familiarize yourself with the city’s legal basement requirements, it is the responsibility of a contractor to make sure all the requirements are met. That is why when you are ready to build a legal secondary suite; you must always hire the best contractor in the business. Complying with municipal standards is the best decision for both you and your tenant, and your contractor will ensure nothing is left out. You will also end up with more refined renovation ideas when working with an experienced basement renovation contractor.

What Else You Need to Research Before the Construction of Secondary Suite Starts

Fire and Sound Separation

For ceiling and wall assembly and insulation, fire separation between the main house and the secondary suite is required. Although many people may not be aware, sound separation is also required. It is critical to minimize the noise that can be heard from one unit to another, so as not to disturb the occupants of either dwelling.

  • Ceiling Assembly: For a basement unit and a ground floor unit, the ceiling is made up of sound insulation and a resilient layer, to reduce impact noise. This ceiling is enough to provide a separation between your dry wall and the secondary suite. This results in better sound performance. After that is a layer of fire-rated drywall, which is your finished ceiling. The extra layer provides more protection in case of a fire.
  • Wall Assembly: Depending on the type of split, the walls in a secondary suite may have to be double-layered. This means that if you have a side-by-side unit, you may require a wall that meets the minimum 45-minute Fire Resistance Rating (FRR). It will also have to meet the Sound Transmission Class (STC) 50 for the sound rating.

Plumbing is an important part of the construction of any dwelling, but it is especially critical in secondary suites. The plumbing requirements are a kitchen sink, a bathroom sink, a toilet, and a bathtub or shower. Laundry may be in a shared facilities room or in-suite. If it’s a shared facilities room, it will have to be easily accessible by both units and also meet distinct fire separation requirements.

As you make plans for a secondary suite, don’t forget about parking! You will need to provide one on your lot for the occupants of the secondary suite. Confirm the boundaries of your property early so you can incorporate the parking space into your design.

Most people think that their lots are big enough to park two vehicles, but don’t forget about driveways and sidewalks. These will take up space, so make sure you factor that in when you’re planning your secondary suite.

Your lot doesn’t always extend to the sidewalk. About two to three feet of it may actually be city-owned. This is often referred to as the boulevard. If you have enough space to provide parking without taking up any of the city’s land, then you’ll need to see if you meet the landscape area requirements. This is the 50% of your lot that needs to be landscaped, and it can’t include the area taken up by your driveway or parking spaces.

However, if your house is more than 5 years old in Ontario, you may not have to fully meet the building code. Such houses face less strict guidelines as stipulated by Part 11 of the Ontario Building Code. Inspectors know that these houses were built to code at the time, so they are more lenient in their requirements.

If these requirements are not met, the inspector may order you to stop construction. You will then have to submit new plans that meet the code before you can continue. Getting professional help from an architect or engineer can save you a lot of time and money in the long run.

In order to get a secondary suite, you need to make sure that your lot is zoned for it. You need to find out the type of zone your property is situated in. You can find out by checking with your local municipality. They will have a zoning by-law that you can look at to see what is allowed on your property.

Every city has its own zonal designations. In Toronto, the zones are R, RD, RS, and so on. Your city should have an interactive zoning by-law map where you can find the information. You can find your property and its zoning designation by providing your house address.

Why Hire a Professional For Your Legal Secondary Suite in Toronto?

It is very important to have a comprehensive understanding of the building code when you’re planning to build a secondary suite. The code is constantly changing, and it can be difficult to keep up with all the changes. Hiring a professional will ensure that your plans meet all the current requirements. They will also be able to help you navigate the zoning by-laws.

Building a secondary suite is a big investment, so you want to make sure that everything is done correctly. Hiring a professional will give you peace of mind and ensure that your investment is protected. A professional can take all the hassles off your shoulders by handling all technical aspects of the project including drawings, engineering and applications.

They will also be able to help you find the right contractors for the job. Getting quotes from different contractors can be time-consuming, but a professional can do it for you.

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