Is Your Basement Apartment Legal?
REALTORS® must know where the law stands on "basement apartments" – self-contained apartments homeowners add within their house—so they can best protect their buyer clients and clearly represent their vendor clients.
Throughout the 1990s the laws regulating "basement apartments" have flip-flopped. In 1994, "basement apartments" were deemed legal as long as they met building, fire and planning standards. In 1995, when the Progressive Conservatives replaced the NDP in Ontario, they effectively returned to municipalities the right to decide through their zoning bylaws where new apartments can be added to houses. Therefore, the rules may differ among municipalities.
Adding to the mix, the PCs permitted two-unit houses to be grandfathered if the units were "used or occupied" on or before November 16, 1995 (the latest legislation), complied with the new Fire Code requirements by July 14, 1996, and met applicable municipal planning standards. Grandfathering was also applied to houses issued a building permit on or before May 22, 1996 to construct or alter a second unit.
In general, apartments built after July 14, 1996 must comply with the Building Code and apartments existing on or before that date must comply with the Fire Code. Both must comply with certain property and municipal zoning standards.
For more information check the government’s website at www.mmah.gov.on.ca.