This is probably the most popular topic of conversation on my blog, as well as the most asked about topic in my emails. Hopefully the information I provide below will be clear, concise, and answer all your questions as thoroughly as possible. If you haven’t already done so, please read my previous article on basement apartments in Brampton.
I’m confused. What is the definition of a basement apartment according to the city?
A basement apartment is a self-contained apartment consisting of a room or rooms in a single or semi-detached house. A basement apartment may be in any part of the house, not necessarily in the basement. Some people call these apartments granny flats, nanny suites, accessory apartments and second suites. The City’s bylaw refers to them as “residential units.”
A self-contained apartment must 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 these features.
–> 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. <–
Who enforces these by-laws? Is this Ontario-wide or does this only apply to Brampton?
In 1994, the Government of Ontario proclaimed Bill 120, which permitted second units in houses. The bill permitted the units, despite Brampton’s municipal zoning bylaws, if the units met health and fire safety standards.
On November 16, 1995, the Government of Ontario introduced Bill 20, restoring to municipalities the right to outlaw basement apartments. Bill 20 became effective on May 22, 1996.
Bill 20 prohibits new apartments in houses after May 22, 1996. The bill allowed homeowners to keep apartments in houses that tenants or other residents occupied on or before November 16, 1995 – if they conform to the requirements of the original Bill 20. It also allowed apartments that homeowners built between November 16, 1995 and May 22, 1996 if the City issued a building permit.
So if my house has a basement apartment, how do I know if it’s legal or not?
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 semi-detached 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!
Can I legally convert vacant space in my home into a basement apartment?
NO! The City Of Brampton states:
More than one dwelling unit is not permitted and is not safe. The property must be returned to a One Dwelling Unit house regardless of who is occupying the additional dwelling unit.
Definition of dwelling unit as per 1994 Ontario Building Code “Dwelling Unit means a suite operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping, and sanitary facilities”.
The property shall be converted back to a one dwelling unit house by completing ALL of the following:
- All tenants/occupants must be removed from one of the dwelling units, and
- The locks separating the units shall be removed and replaced with passage sets, and
- Owners must sign the “One Unit Dwelling Declaration” located at the back of this package and provide to the Fire Prevention Officer, and
- Ontario Fire Code Division B, 2.13.2.1. requires operating smoke alarms on every storey located outside of the sleeping area, and
- City of Brampton By-Law 275-98 as amended requires that a Carbon Monoxide alarm (CO alarm) is installed outside of the sleeping area in a house that contains a fuel-fired appliance (eg. gas / oil furnace, fireplace).
A Fire Prevention Officer will attend your residence after 90 days to inspect the entire property and the expectation is that the building is fully compliant with all codes and by-laws. The expectation is that the building will be converted back to a One Dwelling Unit house and if not, charges will be filed.
Failure to comply with all applicable codes and by-laws will result in prosecution.
Can I still register an older home that had a basement apartment before November 16, 1995?
A home with a basement apartment that a previous owner had not registered with the City of Brampton may still have legal non-conforming status. Contact Enforcement and By-Law Services to determine whether the home has this status.
If City staff investigate the situation and discover enough evidence to prove that the home had a basement apartment before November 16, 1995, the staff can add your unit to the City’s Registration List — if you have complied with the requirements under the Building Code and Fire Code and you have clearance from the Electrical Safety Authority. Converting and upgrading the apartment to meet standards may cost you more than $15,000. However, you may also qualify for a grants for converting your property through the Canada Mortgage and Housing Corporation (CMHC).
If staff do not find enough evidence that the home had a basement apartment before November 16, 1995, the City will require the homeowner to dismantle the unit or face prosecution.
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.
This post has 3 comments |
Hi Lang, Reading this post, the previous one, and all the comments has greatly informed me on this issue. Thank you very much! Here is my situation, I'm not sure what to do next. Sorry it is so long....it just blew up on me yesterday...I hope you can offer some advice. I currently rent the basement in a detached home that is separated into 3 separate units, each with their own entrance, kitchen, bathrooms, etc. I enter the basement through a door in the garage, the guy above me enters on the side of the house, and the woman on the top floor enters by the front. The owners live in Oakville. After reading your post, it seems that this arrangement would be illegal UNLESS the house has special triplex zoning, right? Now, my actual problem is that the landlord has been an absolute deadbeat. First, there was a water puddle in the laundry area which he said he would fix. This past December, I signed a month-to-month tenancy agreement with his wife (in her name). She immediately gives me an envelope with a letter in it telling me I need to do any repairs, can't have an air conditioner, and that he basically does not want to be bothered with any complaints. Almost immediately, my bath tap began constantly leaking. Now it is a constant stream of (hot) water....the leaking tap in the laundry room and accompanying puddle is still there and has been for who knows how many months. Also, there are 3 separate drips in the water heater/furnace area (in my apartment). Lastly, the tenant on the top floor says her kitchen sink is basically useless because it leaks and backs up. I only finally contacted him at the beginning of April when I'd had enough. Initially, he told me he was going to take care of it and strung me along until mid may... one of the other tenants had a plumber friend who was going to come in and look at my place....he had already said that her sink was not up to code.....that morning, he called her and threatened her to not have the guy in, his guys would come instead. He also told her she should leave and he will evict her.....then he backed off. He actually copied me on the email of him saying this to her. So three guys showed up a few days later and said nothing (didn't speak English I think)..and did nothing. He told me he would fix it within 2 weeks. It has now been 3 weeks. I called him again yesterday about it and he started trying to put me off....I was supposed to do repairs, he's too busy, oh they'll come fix it in another 2 weeks... And finally, he's saying "I don't want to have this conversation....I keep the rent low and give month-to-month so I don't have to hear any complaints or do anything for the house....I want you to find somewhere else to live...July is your last month. I have every legal right to make you leave." Obviously, he does not. However, now the water is becoming a big problem with the hot/humid weather....in the last 5 days or so, my apartment has begun smelling very strongly of mold. I have cleaned and looked everywhere for a source for it, but I think it is now in the walls, and the wet floor of the water heater/furnace area...my bathroom never dries...my towels never dry. So, basically, he has left it with me that: -he has no intention to pay for, nor do any repairs to the house. -He has repeatedly threatened to evict me and the woman each time we have contacted him about repairs. -I believe this house is an illegal triplex -the tenant in the third unit is moving out at the end of June, and there is a craigslist ad for it) -I need to get out of here as I believe it is hurting my health. In the beginning of May, I had a very severe lung infection and missed almost 2 weeks of work. In the winter, I also had the same illness. -I want to move out, but I definitely want this guy to be as fined and screwed as possible for his slumlord actions. Today I called Brampton Bylaw Enforcement....they told me that the house was registered for a basement apartment... but the woman on the phone didn't know about 3 units. Also, that it would take up to 7 business days for an officer to even be assigned to my case and contact me. Between now and then, are there any avenues of inquiry I can pursue? I can think of: -calling the provincial Investigation and Enforcement Unit -calling Brampton Zoning -calling some other city department? -calling a legal clinic or other legal help (any suggestions?) Is there any other advice you can give me? I'm not sure yet if you have apartment listings, but I will check. Again, thank you in advance. Dan
Neil Thank you so much for the kind words - glad my article was useful! :) Lang