Jan

24

Basement apartments in Brampton. Are they legal?

Filed Under Brampton, Buy, By-Laws, Homes, Real Estate, Sell 

basementapartment.jpg

So you’re looking to buy a home in Brampton with a separate basement apartment to lease out for extra income, but you have no clues as to the legalities of the basement. What exactly does “Vendor does not warrant retrofit status” mean? What issues do you need to be concerned about when purchasing a home with a basement apartment? Read on, and you shall find out!

What exactly defines a basement apartment?

A basement apartment is a self-contained apartment consisting of a room or rooms in a singe or semi-detached house and can be located in any part of the house, not necessarily in the basement. They have also been called granny flats, nanny suites, accessory apartments and second suites. In the City’s bylaw, they are referred to as a “residential unit”.

A self-contained apartment shall have a separate means of entry (which may be through another unit) a kitchen (or cooking area) and bathroom facilities. A self-contained apartment may be as small as a single room that contains all of the features listed.

However, if you rent a room in a house or a flat with a shared entrance, kitchen and bathroom facilities, this bylaw does not apply to you.

Are basement apartments legal in Brampton?

If you purchase a home in Brampton and the basement apartment was built after November 16, 1995, it is illegal. The only legal basement apartments in Brampton had to have been built prior to that date, and have had to been registered with the city before January 31, 2006 and/or have legal non-conforming status.

A single or semidetached registered home can only have one basement apartment. Homes that have been subdivided into more than two units are strictly prohibited unless the property has been specifically zoned to permit multiple units. It is extremely rare to find a house that has been zoned as a triplex!

What should I be watching out for when I am looking to buy a home with a basement apartment?

Lawyers or real estate agents such as myself can confirm the status of a basement apartment with the city in order to provide you with the right information.
Real Estate Agents are bound by code of conduct guidelines and must fully and fairly disclose all information about a property for sale. Homes with doubtful legal status are typically listed with the caution “Vendor does not warrant retrofit status”, and you may have to seek further legal advice before proceeding with the purchase of a home.

What are the risks of an illegal basement apartment?

  • Increased Liability – The onus is on a homeowner to meet established standards for a second suite. If anything should happen, such as a fire, the homeowner would be held liable due to failure to meet requirements.
  • Loss of Insurance Coverage – Having a rental unit in your home is a material change to your home. Non-disclosure of this change of use may in fact make your coverage null and void.
  • Limited recover of damage – An insurance policy is not responsible for rebuilding costs related to meeting current established standards. Your insurance company is only required to cover the costs of fixing your home back to the state that existed at the time your policy was made prior to any damage.
  • Prosecution - If you do not meet City codes it means that you are breaking the law. You run the risk of being charged and can face fines with a maximum penalty of $50,000 and/or a year of imprisonment on each count.
  • Financing – Income from an unauthorized basement apartment is generally not considered when qualifying for a mortgage loan.
  • Tenants – You are a landlord. You are obliged to maintain your basement apartment in good operating order and you must follow all fire safety laws. Tenants may apply for rent reduction where the unit fails to meet the prescribed municipal health, safety, maintenance and property standards.
  • Tenant Insurance – Your homeowner’s policy will not cover property owned by a tenant.

Can I legally convert vacant space in my home into a basement apartment?

NO! The City’s zoning by-law does not permit new basement apartments. If the basement apartment did not exist in your home prior to November 16, 1995, a home in Brampton cannot be legally converted. Furthermore, any home built after 1995 can never have an existing legal basement apartment.

In order to permit a new basement apartment, the Zoning By-law would have to be changed. Changing the Zoning By-law requires the submission of a Zoning Amendment application and fee ($7759.00) to the City’s Planning, Design and Development Department.

For more information on basement apartments in Brampton, you can visit the City Of Brampton’s website.

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Comments

19 Responses to “Basement apartments in Brampton. Are they legal?”

  1. Tracey Hall on February 6th, 2008 5:23 pm

    I am looking to rent a basment apartment are there obvoius signs that it is a legal basment apartment?

    If so what are they and how can I tell, i am seeing places on mls and view it that claim they are basment apartments what are my rights a potential renter?

    Can a real estate broker lease a non legal basment apartment to a potential renter?

  2. lang on February 6th, 2008 9:37 pm

    Hi Tracey

    Please check your email for my response, and best of luck in finding your rental! :)

    Lang

  3. Lake Blue Ridge Homes For Sale on February 14th, 2008 6:40 am

    How important it is when making decisions like this to rent out part of ones home to first check the law and obtain necessary permits if it is allowed. Can you imagine the cost of doing all of the work and finding out after you can’t use it or if you have a tennent having to brake the lease because a neighbor reported you.

  4. paula on March 15th, 2008 9:09 pm

    i have a question regarding illegal basements. where i am currently living is illegal and i have a leak and black mold. i have notifed my landlord and the havent done nothing. can i move right now if i found a place and still get my last months rent back to help me get a new place. i just am so stressed and need some advice cause i have been sick and so has my nine month old and 7 year old.

  5. Joe on April 2nd, 2008 7:13 am

    Here is my situation. I currently live in a basement apartment that I have just learned is illegal. The fire alarm went off and the responding fire department noticed that there were not one but two basement apartments. The residence is in a zoning area that did not allow for basement apartments. I was given a two month notice to move out of my place. I signed a year long lease and after a month of living here I have to move within 2 months. Can I seek anything from the landlord regarding moving expenses or a refund of some sort such as a last month free?

  6. lang on April 2nd, 2008 3:28 pm

    Unfortunately, there is nothing you can do. Even in normal circumstances, leases can be terminated with ample notice, and 2 months is a fair notice. As for getting your last month’s rent back, unfortunately, there aren’t any provisions in place to help you. All you can do is ask nicely and hope the landlord is kind enough to accommodate your request.

    Best of luck,

    Lang

  7. Kevin on April 10th, 2008 10:25 pm

    I presently own a semi-detached house that was built AFTER November 16th, 1995. I rent out the house and live in the basement. It has an entrance through the garage, a bedroom, bathroom and kitchen. Is this still considered illegal since I am not renting it out but rather living there myself?

    Thanks,
    Kevin

  8. lang on April 15th, 2008 11:59 am

    Hi Kevin,

    Unfortunately, it’s still considered an illegal basement apartment as your house has two separate dwelling units, regardless of who is living there.

    Lang

  9. Robyn on April 21st, 2008 7:59 am

    I purchased a home in June of last year with an existing kitchenette in the basement - I gather from the mail we receive for previous occupants - they must have rented out this space. Our intentions were not to use the basement as a rental but rather use it as a part of our entire home as normal for our family. I now receive a notice from by-law people about possible illegal residence in my home and they want an inspection.

    Is it still considered an illegal unit or multi res status if it is not rented out and no one lives there??

  10. lang on April 22nd, 2008 8:59 am

    Hi Robyn

    Regardless of intent of use, if your home has two separate dwelling units and one was not registered with the city, it is considered illegal.

    If the basement apartment existed prior to 1995, you are still able to register it with the city. In that case, you can call the Zoning Department at 905-874-2090, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

    You can also contact the Enforcement/Property Standards department at enforcement@brampton.ca to inquire about suggested courses of action. Remember, by law you’re not required to grant them permission to have access to your property.

  11. Steve on May 19th, 2008 5:21 pm

    Is it legal for a basement appartment to house tenants if there is no cooking appliances in the appartment? If the by-law people require an inspection, dont they have to posses a warrent for that inspected area? If not, do they have to make there inspection aware to the homeowner, or can they show up when they want?

  12. lang on May 19th, 2008 8:24 pm

    Hi Steve

    A basement apartment is considered illegal if it can be a totally separate dwelling unit. That means it has a bathroom and a kitchen.

    In Brampton, city officials can call you to request entry to your property. However, you are not required to allow them entry if you wish. You do have the right of refusal.

    Lang

  13. R.Maria on May 20th, 2008 12:48 pm

    I own home that was build in 1987.. I bought the house from a power of sale with a basement already done this passed year.
    Since then I have made some newer alterantions to the property..changed from old dry wall to new and replaced old flooring to ceramic.I dont have a kitchen I have removed the appliances since they were old and all kitchen cabinets since the basement was not well maintained. I have now all open space and 1 bathroom.
    my basement right now is being used for storage until I move into the house later on end of this year. my teants now are stating that I have an illegal basement.. what can I do to prove that its just storage and how do I know when this basement was build before 1996?

  14. lang on May 21st, 2008 12:28 pm

    Hi R.Maria

    As far as I know, if the apartment is not being used as a separate dwelling unit, you should be fine. The best course of action would be to contact the City Of Brampton and ask for property enforcement officers. You’ll also be able to find out if the basement was previously registered with the city.

    Best of luck,

    Lang

  15. alice on June 3rd, 2008 2:26 pm

    HELLO TACEY HAAL

    HOW ARE YOU? I AM LOOKIN FIND A BASEMENT APART FO R ME AND MY TWO CHILDREN. i ALLWAY LIVE ON THE TOP FLOOR. AND I KNOW IN BRAMPTON THERE ARE LOST OF HOMES GOING UP SO FAST. I ALL WAY WONDER IT THE OWNER TAKE THE TIME TO FINE OUT THE LEGAL PART TO RENT OUT THE SPACE, BECAUSE SO PEOPLE HAVE TWO TENAT LIVE IN ONE BASEMENT.

  16. concerned tennant! on June 10th, 2008 11:02 pm

    Hi, I just recently found out that im renting in a illegal basement in brampton 8 months into my lease. I mentioned to the landlord that i was going to move out promptly and withhold the rent untill a bylaw or fire inspector comes and checks. now he is causeing me great headaches almost like he wants me to go quietly. he is trying to charge me on whatever expences he can what can i do? what are my options as a tenant?

  17. mandy on June 20th, 2008 9:52 pm

    hi,

    i currently live in a basement apt,i have been asking the owner of the house to fix the furnance because everytime the a.c os on it leaks ans i need to empty a bucket every two hours and the shower stall is broken and after requesting to get it fixed several times it hasn’t been done. what r my rights? what can i do ……..

  18. lang on June 21st, 2008 1:18 pm

    Hi Mandy

    Here is a great resource for you to review. It’s the Ontario Landlord and Tenant Act. You can find the answer to your question at http://www.ontariotenants.ca/law/law.phtml

    In response specifically to your question, here is the answer they provide:

    If the landlord does not make repairs on your verbal request, or has a history of not making repairs, put your request in writing, including the date of the letter, and keep a copy.

    If the landlord still hasn’t done the repairs in a reasonable time, then call your city Building Inspector to make an appointment for them to come out and look at the problem. If the inspector won’t come then ask to speak to their supervisor. Get a copy of the inspectors report to save for your records.

    If you are still having problems getting repairs done, you will want to contact the Investigation and Enforcement Unit, at 416-585-7214, or outside of the 416 calling area, toll free at 1-888-772-9277.

    If problems persists, then you may want to contact your lawyer or Community Legal Clinic, City Councillor, and maybe even apply for a rent reduction on the basis of lack of repair being a reduction of services in your apartment.

    Best of luck!

    Lang

  19. lang on June 21st, 2008 1:21 pm

    Hi Concerned Tenant,

    Your scenario is a little bit tricky. Usually a tenant is able to get out of a lease if they provide 60 days notice. However, with an illegal basement apartment, the circumstances may be different.

    Try giving the Brampton Community Legal Clinic a call at (905) 455-0160. I believe they’ll be able to give you sound advice.

    Best of luck,

    Lang

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