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Is my Brampton basement apartment legal?

January 5, 2010 · 3 comments

Brampton Basement Apartment

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:

  1. All tenants/occupants must be removed from one of the dwelling units, and
  2. The locks separating the units shall be removed and replaced with passage sets, and
  3. Owners must sign the “One Unit Dwelling Declaration” located at the back of this package and provide to the Fire Prevention Officer, and
  4. Ontario Fire Code Division B, 2.13.2.1. requires operating smoke alarms on every storey located outside of the sleeping area, and
  5. 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.

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  • Dan
    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

  • lang
    Neil Thank you so much for the kind words - glad my article was useful! :) Lang

When should I replace parts of my home?

June 17, 2008 · 1 comment

air.jpg

Although this article may be useful for people living in older homes, purchasers of newer homes can also benefit from this. A home in not unlike a car – it’s made up of a variety of components that have different life expectancies and that need to be replaced throughout various stages of it’s use. If you live in a new home, this list is merely something to keep in mind down the road as your house ages. If you’re living in a older home, it’d be wise to check up on the different parts of your home to see if it’s time for them to be replaced.

Here is a list of important items in your home and their average life expectancies:

The Roof

  • Standard asphalt shingles – 12-15 years.
  • Premium asphalt shingles – 15-30 years.
  • Wood shingles – 10-20 years.
  • Concrete or clay tiling – 20-40 years.
  • Asbestos cement – 40-80 years.
  • Slate tiles – 40-80 years.
  • Roll roofing – 5-15 years.
  • Tar and gravel – 15-25 years.
  • Metal – 60 years.

Heating

  • Forced air furnace – 10-25 years.
  • Oil tank – 20 years.
  • Welded steel water/steam boiler – 15-30 years.
  • Cast iron water/steam boiler – 30-50 years.
  • Water/steam circulating pump – 10-25 years.

Cooling

  • Central air – 10-25 years.
  • Heat pump – 10-15 years.
  • Window air conditioning – 10-20 years.

Plumbing

  • Galvanized water pipes – 20-25 years.
  • Hot water heater – 5-15 years.
  • Septic/sewer pump – 5-10 years.
  • Well pump – 10 years.

Appliances

  • Dishwasher – 5-12 years.
  • Dryer – 10-25 years.
  • Garbage disposal – 5-12 years.
  • Oven/range – 15-20 years.
  • Washing machine – 5-15 years.

As always, this is only a general guide. Some components may need to replaced sooner due to wear and tear, while others may last longer because of great quality.

Till next time!

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  • Nazlin
    I am looking for reasonable contractor for stamped concrete work. Noticed your estimate of about $10/sq foot. Can you provide some recommendations?

How much will it cost me to pave my driveway or build a garage?

April 29, 2008 · 5 comments

driveway.jpg

As always, I’m always on the lookout for building/renovation costs to provide to my readers as a general basis before taking on renovation tasks. It’s tough sometimes knowing where to begin or knowing who to ask regarding large projects and the costs that are associated. Hopefully, my previous articles have been of some help. Today’s pricing list is a general guideline for those interested in paving their driveways or building garages.

Garage
Detached Carport – $4000+
Detached Wood Frame (Single Car) – $8000+
Detached Wood Frame (Double Car) – $13,000+
Detached Block (Single Car) – $18,000+
Detached Block (Double Car) – $24,000+
Removal of Existing Garage – $1,500+

Overhead Doors
Automatic Garage Door Opener – $200-$300
Cladboard (Single) – $450-$650
Cladboard (Double) – $750-$1,000
Metal (Single) – $700
Metal (Double) – $1,100
Wood (Single One Piece) – $725
Wood (Double Sectional) – $1,250

Driveway
Asphalt Paving (Existing Base) – $3-$5/square foot
Asphalt Paving (New Base) – $3-$5.50/square foot
Asphalt Seal – $50-$75
Stamped Concrete – $5-$10/square foot
Interlocking Brick/Stone – $8-$10/square foot

In the coming days, I will have more pricing lists for other renovation/construction projects available!

** Update – August 25, 2009*

Thanks to reader William for submitting the following update:

Having been in the business of Concrete driveways and decorative curbing for over 3 years now, I would have you adjust your pricing for stamped concrete driveways. The average cost to have someone come in and do this is between 13 and 20 dollars per sq ft depending on pattern and shape of driveway. There are many factors involved and you are managing the buyers expectations poorly. Colour concrete alone is close to 200/yd which will be almost $4/sq ft…not including anything else. It would be greatly appreciated if you could adjust this area on you site to reflect market pricing.

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  • driveway cost
    Asphalt is used on roads in tropical countries. The finer version used on driveways uses smaller stones which take longer to set. When it is hot in the UK we tell people to go easy on the surface at first, i.e. not turn wheels. I think you will get this issue much worse in a humid tropical climate but a local contractor will know best.

  • vincent oluonye ogakwu
    i leave in a tropical climate, its too hot and harsh, pls do you think that decorative ashalt stamping can withstand our weather.

It’s time for a new roof, but how much will it cost me?

March 13, 2008 · 2 comments

roofing.jpg

With spring around the corner, some of you may be considering replacing that old roof. The real estate market tends to pick up briskly in the spring, and changing an old roof may be needed if you plan on selling your house. One of the key areas of a home inspection is looking at the condition of the roof. If you’re selling your house and your roof is in rough shape, buyers may ask for money if the inspection indicates a deteriorating or leaky roof.

Replacing a roof usually comes down to two factors: climate and budget. But because here in Brampton we already know we’ll face harsh winters and burning summers, most home owners tend to decide based on budget. Here are the different kinds of roofing available to you, and their respective costs. Just for reference purposes, a square is a standard roofing measurement, and is equal to 100 square feet.

Asphalt Shingles

These are the most common type of shingles you’ll find on houses today. Asphalt shingles will last anywhere between 15-30 years, but they offer the best value for your dollar. Because they come in a wide variety of styles and colours, they’re obviously the most popular choice. These shingles will cost you between $50 – $75 per square.

Laminate Asphalt Shingles

These shingles are much like the regular ones, except they’re made of layers of fibreglass and other materials. This gives your entire roof a textured appearance, and can often look like more expensive roofing like cedar or slate. Expect to pay between $120 – $150 per square.

Cedar Shingles

Cedar shingles are usually chosen more for their looks, and you won’t find them that often on new residential homes. If you intend on installing cedar shingles, know that they can last up to 25 years if they’re properly maintained. These shingles will run you around $300 per square.

Metal

Metal roofing comes in different materials such as aluminum and steel. The great thing about metal roofing is that it’s quick and easy to install. And because metal roofing is so light, it’s often possible to install metal roofing without having to remove your old roofing. This can save you time and money in a crunch. Metal roofing tends to last more than 50 years, and will cost you around $400 per square.

Slate

Slate roofing is rarely used on residential homes due to the high costs. However, this high cost means that the roofing could last well over a 100 years. If you’re interested, slate roofing will cost around $1000 per square.

These costs are only for materials. If you don’t plan on installing roofing yourself, don’t forget to budget for labour costs. Remember to shop around and ask for a number of different estimates. It’s good to compare prices as well as the quality of work. Also, have your roof inspected for leaks and ventilation problems before you install the new roof. It may save you some trouble in the long run if you catch a potential problem early.

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  • Choosing a New Roof: What you should know | Pro Roofing
    [...] It’s time for a new roof, but how much will it cost me? [...]

  • Larry Yatkowsky
    Anybody using recycled roof materials back east? I have seen a number of houses going this route on the coast. Supposedly fire proof and good for 75 to 100 years. Looks pretty too. You need a close look to know they are not 5/8" but shingles. Cost about 50% more than asphalt singles.

How much will it cost to renovate my kitchen?

February 24, 2008 · 4 comments

kitchenreno.jpg

If you are looking for the best bang for your renovation dollar, kitchens and bathrooms are still considered to be the projects with the highest potential to add or maintain value in a home.

If you are considering selling your home in the near future, talk to a REALTOR® for tips on how to make your home more appealing and “saleable.” You may find that a new kitchen is not in your best interests and a fresh coat of paint and some minor repairs are all that’s needed. Because renovating a kitchen can be one of the more expensive projects a homeowner will undertake, you’ll want to consider the length of time you expect to stay in your house.

According to the Appraisal Institute of Canada, if you are remodelling your kitchen as a face-lift prior to selling it, it’s recommended that you spend no more than 10-15% of the cost of your house. If you are going to remain in your house for more than five years, you can spend 25% or more – and in most cases you will recoup the cost of the renovation when you sell.

How much will it cost?
Kitchen renovations can cost you anywhere from $2,000 to $3,000 for a cosmetic facelift with no new cabinets, plumbing or electrical changes. Look to spend at least $10,000 if you choose new low-end cabinetry, counters, appliances, flooring, paint, and some minor structural changes. However, the sky’s the limit when it comes to a new kitchen and you can expect to pay $20,000 and up for high quality cabinets, custom work and many upgrades.

Keeping costs down
There are ways to cut costs when updating your kitchen without sacrificing quality.  Regardless of what you do budget, don’t skimp on design, appliances, or labor. These are the basis for a functional kitchen and you should get the best you can afford. To keep costs to a minimum, use stock cabinets instead of custom work, laminates instead of solids, and hang on to your current appliances, if you can. Also try to keep your existing plumbing and electrical and don’t make structural changes to the room.  Planning ahead in detail will also save you money. Any changes or corrections halfway through the process will be expensive.

Tips for low cost kitchen makeovers
If your budget is tight and smaller projects are what you’re aiming for, here are a few ideas:

Resurface or repaint old cupboards
Paint is inexpensive and can transform wooden cupboards in a matter of hours. Try a new painting technique, or a textured look, or a zesty combination of colours. You can also resurface old cupboards with wood laminate, or one of the new, non-traditional plastic-based materials that resist chipping, denting and staining. Formica counter tops, for example, provide the look and feel of expensive solid surfacing at about half the cost.

Use more glass
Replace a few cabinets with glass ones. Glass and mirrors in a room add the illusion of more space, as well as glamour — especially if you add interior lights to your new cupboards.

Change your hardware
Simply adding new cabinet and drawer handles can change the look of a kitchen! With the many choices in colour, size and style of drawer knobs and handles, there’s no limit to what you can achieve.

Floor and wall facelifts
Paint, wallpaper and flooring in a variety of textures, styles, colours and patterns can easily spice up a bland kitchen. Stencil a border around a window, below a ceiling, or between the cupboards and the counter tops and you can change the mood overnight.

Be innovative
A good kitchen should not only look great, but stand up to daily wear and tear. It should function well and enable people to move freely between it and related areas of the house.

If you plan to completely remodel the kitchen, be honest about your ability. You may want to leave this important job in the hands of an expert who can do the work quickly and professionally. A kitchen designer/contractor can suggest unique ideas and come up with creative solutions to particular problems. Finally, be sure to get at least two bids on the work you plan to do and compare these carefully.

This article was provided by the Ontario Real Estate Association. Many thanks to OREA!

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  • mandan@09
    too much money it takes

  • Kitchen Designs
    Great Post....Renovating a kitchen is a big undertaking and one that requires careful planning. If you’re thinking about redoing your kitchen, these ideas offer some important things to consider before you go ahead with your renovating plans.