Basic Requirements to Legalize Basement Apartment – Durham's Leading Residential Specialist

A legal apartment will be registered with the respective city/municipality. If it is not please check with your local city hall/municipality office. Contact links below

Realty-Pro does not manage unregistered, or illegal basement apartments. We do however manage legal non-conforming units that have been grandfathered in and are registered. Once in a management contract, we effectively are as legally responsible as the owner.

Illegal basement apartments are a risk to the occupants and others in the structure as well as a concern to the community in general. They are dangerous as they may pose a fire risk and other safety concerns such as:

fire risks such as not enough building exits, fire separations between units, working smoke alarms, carbon monoxide detectors
illegal and unsafe utility connections
illegal and unsafe building renovations
excess driveway and street parking
excess garbage
overload on existing utilities (electrical, plumbing, water and sewers)
possible depreciation of neighbouring property values

Realty-Pro can however potentially support you (the owner) in achieving legal status by a Realty-Pro audit, and initial written direction to get started.

Here are the current fundamentals regarding the process and requirements in the legalization of a basement apartment in the Durham Region, Ontario, Canada.
Adding a basement apartment to your residential dwelling will require a change of use permit. You want to guarantee that the basement apartment complies fully with all the applicable fire codes, building codes, Electrical Safety Authority regulations and zoning and housing standards by-laws.

Here are few basic requirements for a legal basement apartment.:
(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″. Ceiling must be continuous. Suspended (T-bar type) ceilings and exposed joists are not acceptable. Furnace room ceiling must be dry walled or plastered too.
(5) Doors must be solid wood or metal and 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 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 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 over 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
If required, interconnected smoke alarms must be installed in every storey above and below grade in each dwelling unit, and in every shared means of escape where applicable. These alarms must be audible in bedrooms when the intervening doors are closed..
Some municipalities require to provide the furnace with a relay to shut down the furnace blower fan and gas valve if the smoke alarm is activated, and equip the heat ducts and cold air return in the basement apartment with fire dampers where they penetrate the wall or ceiling membrane. A cold air return is required in the basement apartment and if located within 24” of the basement floor fire damper is not required.
(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 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 is sprinklered.
(13) Ontario building code (O.B.C Part 9 Section 9 Clause 11.2) also requires minimum sound transmission class rating – STC 50 sound proofing 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 light weight concrete on the sub-floor, absorptive insulation between the ceiling and the sub floor and double layer ceiling.

Section 9.8 of the Ontario Fire Code prescribes the requirements for Retro-fit for basement apartments in the following areas:
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

Parking
Parking is required for both units. Curb cut and/or a site alteration permit may be required for new parking spaces.

Electric or Gas Range Safety Measurements:
A minimum vertical clearance of 2ft 6in above the level of the range to framing, finishes and cabinets is required. Alternatively, clearance may be reduced to 2ft provided a metal hood is installed which projects 4 7/8 in. beyond the framing, finishes or cabinets.

Ventilation
Doors must have a gap under them for rooms without return air ductwork. The principal exhaust fan in a house containing five (5) bedrooms or less shall comply with O.B.C. Table 9.32.3.4.A. If the number of bedrooms exceeds five (5), a review of the house’s existing mechanical ventilation system is required to determine if the system is sufficient to handle the additional loads NATURAL VENTILATION : (OBC 9.32.2.1.)]
(only applies where dwelling is naturally ventilated)
• Bathrooms must have a minimum required unobstructed openable window area of 0.97 sq.ft. or mechanical ventilation is required.
• The Unfinished Basement Space is required to have a minimum unobstructed ventilation equal to 0.2% of the floor area
• Dining rooms, living rooms, bedrooms, kitchens, common space, and all other rooms are required to have a minimum unobstructed ventilation equal to 3 sq ft .(0.28 sq m) per room or combination of rooms.

Storage Rooms in the Basement
A storage closet should NOT be located within a shared exit stair facility.
Ontario Building Code 9.9.5.9. Ancillary Rooms
(1) Ancillary rooms such as storage rooms, washrooms, toilet rooms, laundry rooms and service rooms shall not open directly into an exit.

A storage room accessible by both tenants should be fire compartmentalized
Ontario Building Code 9.10.10.6. Storage Rooms
(1) Rooms for the temporary storage of combustible refuse in all occupancies or for public storage in residential occupancies shall be separated from the remainder of the building by a fire separation having not less than a 1 hour fire resistance rating, except that a 45 min fire separation is permitted where the fire-resistance rating of the floor assembly is not required to exceed 45 min, or where such rooms are sprinklered.

Furnace Room
Sprinklers may also be used in furnace room containing the furnace and water heater as an alternative to a fire rated ceiling.
Ontario Building Code 9.10.10.3. Separation of Service Rooms
(1) Service rooms shall be separated from the remainder of the building by a fire separation having a fire-resistance rating of not less than 1
hour when the floor area containing the service room is not sprinklered.

Laundry Room
Ontario Building Code 9.31.4.2. Laundry Fixtures
(1) Laundry facilities or a space for laundry facilities shall be provided in every dwelling unit or grouped elsewhere in the building in a location conveniently accessible to occupants of every dwelling unit.

Shared Exit
Ontario Building code 9.9.9.3. Shared Egress Facilities
(1) A dwelling unit shall be provided with a second and separate means of egress where an egress door from the dwelling unit opens onto,
(a) an exit stairway serving more than one suite,
(b) a public corridor,
(i) serving more than one suite, and
(ii) served by a single exit,
(c) an exterior passageway,
(i) serving more than one suite,
(ii) served by a single exit stairway or ramp, and
(iii) more than 1.5 m above adjacent ground level, or
(d) a balcony,
(i) serving more than one suite,
(ii) served by a single exit stairway or ramp, and
(iii) more than 1.5 m above adjacent ground level.

Basement Stairwell
Ontario Building Code 9.9.4.2. Fire Separation for Exits
(1) Except as provided in Sentence (5) and Article 9.9.8.5., every exit other than an exit doorway shall be separated from each adjacent floor area or from another exit by a fire separation having a fire-resistance rating not less than that required for the floor assembly above the floor area.
(2) Where there is no floor assembly above, the fire-resistance rating required in Sentence (1) shall not be less than that required by Subsection 9.10.8. for the floor assembly below, but in no case shall the fire-resistance rating be less than 45 min.
(3) A fire separation common to two exits shall be smoke-tight and not be pierced by doorways, duct work, piping or any other opening that may affect the continuity of the separation.
(4) A fire separation that separates an exit from the remainder of the building shall have no openings except those for electrical wiring, noncombustible conduit and noncombustible piping that serve only the exit, and for standpipes, sprinkler piping, exit doorways and wired glass and glass block permitted in Article 9.9.4.3.
(5) The requirements in Sentence (1) do not apply to an exterior exit passageway provided the passageway has at least 50% of its exterior sides open to the outdoors and is served by an exit stair at each end of the passageway.

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.

Please find some further specifics below per city/municipality.

Oshawa
https://www.oshawa.ca/city-hall/building-permit-and-inspection-services.asp
City of Oshawa permits basement apartments in single detached dwellings and semidetached dwellings within zones R1, R2, R5, OSR-A, OS-ORM, AG-A, AG-B or AG-ORM.
The City of Oshawa doesn’t permit accessory apartments within townhouses or accessory buildings related to single detached, semi-detached and townhouse dwellings.

Oshawa’s Zoning By-law requires minimum 11 m wide (36 ft) lot frontage.
Front yard must be at least 50% landscaped as per Oshawa’s Zoning By-law.
City of Oshawa requires minimum of 3 parking spaces (2 of which are accessible to the street at all times).
Corner lots in Oshawa have additional requirements.
Drawings required by City of Oshawa must show existing floor plans of ALL levels in the house and a detailed floor plan of the new proposed layout of the basement.

Whitby
http://www.whitby.ca/en/townhall/building.asp

Minimum Lot Frontage: 10.5 m (35 ft) for single detached homes 10 m (33 ft) for semi-detached homes
Floor area of the basement apartment should not exceed 45% of the total area of the house.
40% of the front yard should be kept as landscaped open space
Must be serviced by municipal water and sewer services.
Minimum three parking spaces and two parking spaces should be accessed at all times.- 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.
Home based occupations and business are prohibited in both dwelling unit as well as the basement apartment.
In the case of the house and the basement apartment sharing a forced air heating system, the smoke alarms must be tied to a relay switch which will turn off the furnace fan and the natural gas valve when the smoke alarms are activated.

Bomanville /Courtice
http://www.clarington.net/en/live-here/building-permits.asp
A basement apartment is permitted by Municipality of Clarington which includes Bowmanville, Courtice, Newcastle and Orono in a fully municipally
serviced single detached or semi-detached house in urban residential areas subject to the following:

Only one basement apartment is permitted
One additional parking space is provided for the basement apartment – tandem parking is allowed
Minimum Size of the Second Suite – 40 sq m (430 sq. ft)
Compliance with the Ontario Building Code and Ontario Fire Code
The second unit is registered with the Municipality of Clarington .

Ajax
http://www.ajax.ca/en/livinginajax/basementapartments.asp
Legal basement apartments are permitted in Town of Ajax in all residential zones, excluding RM4, RM5, and RM6.
To permit an basement apartment in Ajax must meet the following requirements:

The Town of Ajax requires minimum of three off-street parking spaces – Two parking spaces for the principal dwelling unit and one additional parking space for the basement apartment.
Town of Ajax requires 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 in Ajax 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 by the Town of Ajax.
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.

Pickering
https://www.pickering.ca/en/cityhall/basementapartmentstwounithouses.asp
City of Pickering requires all existing basement apartments to be registered. If a the basement apartment is not registered, it is illegal and is an offence under City of Pickering By-law 6399/04

Requirements to legalize basement apartment in Pickering

In order to be eligible to register as a legal basement apartment in Pickering, a house must be Detached or semi-detached.
City of Pickering does not permit basement apartments in townhouses.
City of Pickering does not allow any home-based business – Home-based business is prohibited in either dwelling unit of a dwelling containing a basement apartment by the City of Pickering.
Minimum three on site parking spaces on the property are required by the City of Pickering.
City of Pickering limits the size of the basement apartment to a maximum of 100 sq m or 1,076 sq ft and should be smaller than the primary..
City of Pickering requires a Basement Apartment Registration Fee of $500
Basement apartments in Pickering must demonstrate compliance under Ontario Fire Code

Please note: The following information is intended as a starting place for you and remains general in nature. It is not to be considered as the only requirements for approval. There are amendments, minor changes, and your unique circumstances or property could dictate differently. There are a number of other aspects that should be considered including, but not limited to, the general provisions of the Zoning By-laws, the specific zone provisions of the by-laws, the definition section of the Zoning By-laws as well as applicable law that is governed by agencies other than the municipality, or other Municipal By-laws. However your local municipality is the place to start.