Legal Duplex Requirements in Ontario

Legal Duplex and Secondary Suite Renovations in Ontario

Learn how to convert your home into two units to add additional income to your property. Let’s get right into it by providing you with the key considerations and requirements for adding an additional unit.

***Quick Disclaimer Before Reading: Every Municipality is different in how they evaluate each of the below requirements and considerations. In addition to reviewing this document please also refer to your local building department to ensure that any additional requirements are met***

To read the comprehensive Ministry of Municipal Affairs and Housing (MMAH) and Government of Ontario version click here. The below information is a summary of all of the information shown in the Government of Ontario document, plus a few additional points of commentary that will help you from a renovation point of view.

Requirement 1: Fire separation

It is a well known fact that one of the key requirements for having separate units is in fact having a fire-rated wall, ceiling, or combination of the two installed to prevent fire in one unit from spreading to the other. The minimum fire-separation rating for a new wall or ceiling assembly is 30 minutes, but many times local building authorities increase this amount to 45 minutes. The typical 30-45 minute fire separation assembly includes Type X Fire-rated drywall (5/8 inches thick), Rockwool Safe n’ Sound (which also provides sound insulation between joists and studs). It is important to note to that any common areas between the two units will also have to be fire-separated, so any staircases, landing areas, laundry areas will need to be considered for fire-separation.

Requirement 2: Sound Separation

Although sound separation is not really needed further than preventing a minimal level of vibration and noise with resilient channel and Rockwool, there are ways to go beyond the minimum code requirements. This is especially important if you decide to live in one of the units while renting the other. The additional ways to add soundproofing are:

  • Adding additional layers of drywall

  • Adding a dense fibreboard (like sonopan) to further dampen the noise and vibrations between units

  • Adding additional rockwool between joist and stud cavities, if possible

You can very easily find Sound Transmission Class (STC) ratings of different wall assemblies to achieve the desired level of sound separation.

Requirement 3: Smoke and Carbon Monoxide Alarms

One of the major requirements for having a legal duplex is the addition of Smoke and Carbon Monoxide Alarms throughout the home. If you are not demolishing the entire house and doing more of a conversion the minimum requirement is to have battery operated smoke alarms in:

  • On every level of a house

  • Outside sleeping areas (which, depending on the layout of a floor, can also count as the smoke alarm for that level)

  • In each bedroom in the second unit

  • In common areas of the house shared by occupants of both units, such as entrances and laundry rooms

Carbon Monoxide Alarms are required whenever a home has a fuel being used for any purpose (fireplace, furnace, gas stove, etc.) or whenever there is an attached garage. The minimum requirements for Carbon Monoxide alarms is to have battery-operated alarms:

  • Near bedrooms and sleeping areas in the second unit

  • In the furnace room, if the furnace room is a separate space from the residential units

It is also important to note that if you are completely renovating your home during the duplex conversion process that if you are able to install interconnected smoke alarms you may be able to reduce the fire separation of some or all wall assemblies, and potentially avoid having to install an egress window. Many municipalities have different requirements so make sure you speak with a local Designer about what will be needed.

For any smoke alarms installed, they will have to have a strobe capability that allows it to flash a strobe light when the alarm sounds. This is a newer requirement but nonetheless needed in order to pass any final inspections.

Requirement 4: Fire Escapes

It is required to have a separate exit from a secondary unit to outside, but many times when working with an existing home this cannot be achieved. There are different rules surrounding the location and number of fire escapes depending on the location of the secondary suite, but the golden rules are below:

  • If the secondary suite has a common exit with 30 minute fire separation and contains a smoke alarm that is interconnected to both units, it can be used as the main fire escape.

  • For basement apartments or above-grade apartments with a direct exit or walk-out to outside, that is the only required exit needed for the apartment.

  • For basement apartments and above-grade apartments with no dedicated exterior exit or walk-out or common exit without the proper fire-rating and interconnected smoke alarms you will require a secondary form of egress through an egress window. An egress window should have a minimum amount of area to allow a person to fit through it, and your designer will be able to determine the appropriate size and type of window to be installed depending on the location of the secondart suite.

Requirement 5: Self-closing doors

Every door that leaves the secondary suite or legal duplex into the other suite or any common area should be equipped with a self closing device. The two major types of self-closing devices are spring-loaded hinges and automatic door closers (which are installed over the door and connected to the top of the door). Usually it is less expensive to get the spring-loaded hinges installed while the doors are being installed, but you run the risk of a lot of slamming of doors as the hinges don’t have the mechanism to slow the door down before it closes. This is why many times people pay the extra bit of money to install automatic door closers.

Requirement 6: Minimum Window Sizes

It is also important to consider the minimum sizes for windows in a secondary suite or apartment. This becomes especially important when evaluating a basement for the conversion into a legal basement apartment. It is important to ensure that there is enough windows and in the correct locations. Many times new windows can be installed and new openings created in existing walls, so if you do need additional windows that can be achieved with the right General Contractor.

Requirement 7: Floor Area

Shown below is the minimum requirements for floor area of the various parts of an legal apartment or secondary suite in a home. Make sure that when you are designing the space that these square footages are considered before submitting your design for permit.

Consideration 1: HVAC and plumbing

There are a few considerations when it comes to HVAC and plumbing that will affect the overall course of construction.

If you decide to use the existing ductwork from your home to heat, cool, or provide year-round climate control you will need to install a special type of smoke detector in the supply or return plenum of the furnace system that will shut-off the furnace/air handler when it detects smoke.

For plumbing, the key considerations are the fact that there needs to be a working kitchen with a sink, bathroom (with a toilet, bathtub, and sink), and laundry facilities (shared or dedicated to the apartment). There needs to be a hot and cold supply for the unit, and if the secondary suite is located in the basement there may be the requirement for a backwater valve to be installed.

Consideration 2: Electrical

It is important to note that all changes to the electrical for the home and secondary suite will need to be inspected by the Electrical Safety Authority. A permit will need to be taken out by your electrician, and any necessary upgrades that will need to be made to the existing circuits or electrical panel will be made to ensure the home and main and secondary suites are safe.

Consideration 3: Utilities and metering

You will want to consider looking at the costs associated with separating the utilities for the two separate apartments. Many times your plumber can install a second meter, your electrician can install a second panel and meter, and your HVAC professional can submeter your natural gas. It is costly to complete all three of these items but may be worth it in order to allow you to assign utility payments to your tenants, or receive the proper amount of money from your renter in the secondary suite.

Consideration 4: Location of second unit

As you have probably already noticed from above, the location of the second unit in your home can make a huge difference in how the project is completed and what needs to be included. Make sure that you are hiring the right Designer and General Contractor to help give you the right advise so that you are not missing key requirements for your project.

Consideration 5: Ceiling Height

Ceiling height is more of a requirement than it is a consideration in most municipalities, but for some of the municipalities that are pushing for additional units and have a major housing shortage this becomes less of a requirement and more of a consideration. Make sure you discuss this with your local building professional and designer to see how much of an emphasis your local building authority puts on ceiling heights. We know from personal experience that Toronto considers it more than requires it.

Consideration 6: Parking Spots

Many municipalities consider parking spaces as important for sustainable inclusion of duplexes into neighbourhoods. The less cars parking on the road the better neighbourhoods can operate during critical times of the year when a clear road is needed. Make sure that you speak with your local Designer and General Contractor to see if you will need to consider this.

Consideration 7: Structural work

Sometimes the opening up of walls and creation of new areas in a home will require structural work, so make sure you have a firm grasp on what will be required and the associated costs if it is determined that your project will require structural work.

Consideration 8: Building Permits

Since the creation of a legal basement apartment requires a permit, you will need to either submit your own plans or work with someone who can draft up a set of plans for your local building authority to review. The good news in a Municipality like Toronto is they usually fast-track the permits for secondary suites, which means that you should get your permits a lot faster than with larger renovation work like home additions and new home construction.

Recommendation 1: Hire a BCIN Designer to complete your drawings and permit submission

A BCIN Designer holds the designation to submit permits on behalf of homeowners in Ontario and uphold the building code requirements for the work at hand. They are more than capable of helping you create your plans, and will come at a fraction of the cost compared to hiring an Architect.

Recommendation 2: Get a General Contractor involved As soon as possible

As soon as you know you want to complete the work to create a secondary suite, and know you will be outsourcing the work, it is important to get in contact with a General Contractor with experience renovating secondary suites. It is imperative that you get the professionals involved so they can start guiding you in the right direction.

Recommendation 3: Understand the costs before going head first into the design

Every duplex project is different and requires a unique combination of steps to be achieved. Helping a General Contractor understand your existing property will help them craft a preliminary estimate that can help give you the peace of mind that you can afford the work. The last thing you want to do is go through the entire process and learn that you cannot afford to complete the work. With our renovation consultation program, we have helped hundreds of home owners and real estate investors determine their budgets before making any large investments. This sounds like we are shooting ourselves in the foot but in actual fact it has proven to be a very useful trust-building exercise for our future clients.

Conclusion

Knowledge is power when it comes to home renovations, so it is very important to understand what is involved from start to finish. With that being said, it is equally as important to bring in the right professionals at the right time to ensure you can reduce the number of bumps in the road. If you are looking to get the process started for renovating your home into a duplex, or adding a secondary suite look no further! We have all of the project management experience, trusted trades, and industry partners to make sure your project is completed on time, on budget, and can start bringing you additional income to your property!


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About BVM COntracting

BVM Contracting is a full-service General Contractor or Home Builder located in Toronto. We provide home renovation and building services for major home renovations (kitchen renovations, bathroom renovations, basement renovations, full interior renovations, home additions, lot severances, and new home construction). Our goal is to help guide our clients through the process of renovating their home, from concept to completion.

Further than providing General Contracting and Project Management for major home renovations, we also offer value-added services such as renovation financing, renovation rebate consultations and services, building permit and design services, smart home installation services, and real estate investor services.

To learn more about our offering by visiting our services page.