Land & Building Experts

How to Legalize a Basement Apartment in the City of Brampton

Basement apartment (second suite) is a separate residential unit with its own kitchen, bathroom, living area and a way to exit the building (which may be through another residential unit). If you own an existing basement apartment in the City of Brampton, you must follow very specific City of Brampton's Zoning Bylaws, the Ontario Buiding Code and the Ontario Fire Code. Homeowners have a legal obligation to ensure the safety of all the inhabitants of the home, including the tenants of the basement apartment.

Basement apartment is permitted in detached, semi-detached and townhouse dwellings in Brampton, subject to City of Brampton zoning requirements and restrictions. To be legal, basement apartment must be registered with the City of Brampton. Registering a basement apartment is a one-time process to make the house safe for all the occupants. To be legal, a basement apartment must be registered with the City of Brampton and the registration may require the following:

• Completed Application for Registration with the City of Brampton
• Payment of non-refundable application deposit ($200) to the City of Brampton
• Legal survey of the property
• Fully dimensioned Site Plan (may be included in the survey), including, building setbacks, setback to any side entrance into the basement apartment, location of any air conditioning units, basement structures or encroachments in the side yard, driveway length, width and configuration
• Floor plans: - showing the location and layout of each unit - including total floor area measurement for each unit

Basement apartments that have been previously declared Legal Non-Conforming by the City of Brampton do not need to comply with the new City of Brampton zoning provisions for basement apartments. Certification of Legal Non-Conforming status must be submitted with the application for registration of the basement apartment. If the basement apartment has been declared Legal Non-Conforming, the owner of the property will be directed to contact Brampton Fire and Emergency Services to arrange for a Fire Code inspection ($400).

City of Brampton’s Fire staff will inspect the house to ensure it complies with the Fire Code and identify any required upgrades.

If upgrades are required, a building permit must be obtained from the City of Brampton. Once any required upgrades are completed to the basement apartment, a final inspection will be done by City of Brampton’s Fire staff.

Final registration with the City of Brampton requires:

• Occupancy permit and Electrical Safety Authority (ESA) inspection report OR
• Confirmation of compliance with the Fire Code (includes ESA inspection)

PLUS

• Verification of homeowner’s insurance AND
• Payment of final registration fee to the City of Brampton

A registration system of legal basement apartemnts also helps the City of Brampton identify the location of basement apartments in Brampton. This information is shared with the Brampton Fire Department; in case of emergency, the Brampton Fire Department will know there is a basement apartment in the house before they even arrive. This can save precious seconds in a life or death situation.

Under the policies of City of Brampton, City of Brampton Zoning By-law requires a basement apartment to comply with the following requirements and restrictions:

• Only one basement apartment is permitted per house in Brampton.
• The City of Brampton permits basement apartment In a bungalow, up to 75% of the bungalow's ground floor area. For all other houses, the City of Brampton permits basement apartment up to 45% of the "Gross Floor Area" which the total area of each floor of the house, not including unfinished basement/cellar, garage/carport, Porch/balcony and floor area used for mechanical or electrical equipment
• The City of Brampton requires one parking space for the basement apartment in addition to the required parking for the primary unit. For most homes in Brampton, a total of three parking spaces will be required. All parking spaces must be located entirely within the property boundaries. Parking Space may include spaces in the garage and/or tandem parking spaces but may not include the street or boulevard.
• Required parking spaces must measure at least 2.7 m wide by 5.4 m long.
• The City of Brampton requires a 1.2 m (4 ft) clear path of travel to a separate side entrance door to the basement or rear yard that provides access to a basement entry door to provide safe entry/exit from the second suite, and to allow access for the City of Brampton's emergency services. Most houses in Brampton have 1.2 m (4ft) on at least one side. For houses that don’t have access to the second suite, the City of Brampton allows separate entrance door to the basement apartment from inside the garage or through a common foyer inside the house.

The fees for registering a basement apartment in Brampton are as follows:

• Initial review for zoning compliance by City of Brampton – $200 (non-refundable)
• City of Brampton Registration fee: $500 (owner-occupied dwelling) or $1,000 (non-owner occupied)
• Applicable building permit fees – approximately $1,000

Newly created basement apartments provide additional affordable rental apartments in the established neighbourhoods of the City of Brampton. Basement apartments provide the added income to make home ownership more affordable in the City of Brampton. Constructing a legal basement apartment is an economical and sustainable use of existing infrastructure and a remedy for urban sprawl in the City of Brampton. Construction of new basement apartments is already occurring throughout established urban neighbourhoods in the City of Brampton.

Homeowners in the City of Brampton renovate their homes to have a rental apartment in the basement to accommodate changing household needs and financial situations. Legal basement apartments in the City of Brampton contribute to the health, vitality, and value of neighbourhoods, including improving property values.

Legalizing the basement apartment ensures that the basement apartment meet all required fire, building and housing standards including the Ontario Building Code, Ontario Fire Code, and the municipal by-laws of the City of Brampton.  A legal and safe basement apartment will improve homeowner’s relationship with tenants, neighbours, and the City of Brampton.

Basement apartments that are not legal, pose a fire risk and other safety concerns such as not enough building exits, fire separations between units, working smoke alarms, carbon monoxide detectors and illegal and unsafe electrical and plumbing connections.

A building permit is required to create a basement apartment within an existing house in the City of Brampton. Requirements for a basement apartment in the City of Brampton are based on the 2012 Ontario Building Code Part 9 (as updated January 1, 2018) and Part 11 if the house has been in existence for more than 5 years.

Ontario Building Code Requirements for Basement Apartments

Fire Resistance Rating                             <5 years old                         >5 years old

Floor Fire Separation                                            45min                        30min /15min

Wall Fire Separation                                              45min                        30min

Supporting Structure

Load bearing Walls, Beams & Columns            45min                        30min

• Exiting to meet the requirements of the Ontario Building Code. If an exit is shared by the basement apartment, a larger egress window is required, and interconnected smoke alarms are required in every bedroom and common space throughout the entire house.
• An egress window is required in basement units containing a bedroom except for walk-out basement conditions, where direct access to exterior is provided to the basement apartment.
• A minimum ceiling height in existing basements of 6’-5” is required (including under beams and ducts) in the path of travel from all rooms to each exit.
• Smoke alarms are required in each new bedroom and ALL common areas on each floor. Smoke alarms are required to be interconnected (within unit or throughout entire building) with visual signaling.
• Carbon monoxide detectors are required on each floor serving a bedroom.
• If the basement apartment is sharing a furnace, a smoke duct detector is required to be installed in the supply or return air plenum which will shut off the furnace if smoke is detected.
• A furnace/boiler room not able to achieve a continuous fire separation is required to install a fire sprinkler system which is to be installed by a certified sprinkler installer. A backflow device and a 25mm water service upgrade may be required for the sprinkler system.
• Any doors between basement apartment and the main house must have a minimum 20 min fire protection rating with a self-closing device.
• All penetrations through fire separations are required to be fire stopped with an approved fire stop device. Existing penetrations are acceptable in existing fire separations.
• The basement apartment is required to have a Kitchen, Living Room, Dining Room, Bathroom and a Bedroom. These areas can be used separate or as combined spaces.

Individual Room Area                                          Minimum Area Required

Living Room                                                             145ft²(13.5m²)

Dining Room                                                            75ft² (7m²)

Kitchen (1 bedroom)                                             40ft² (3.7m²)

Kitchen (2 bedrooms)                                           45ft² (4.2m²)

Master Bedroom (closets)                                   95ft² (8.8m²)

Master Bedroom (no closets)                             105ft² (9.8m²)

Second Bedroom (closets)                                   65ft² (6m²)

Second Bedroom (no closets)                             75ft² (7m²)

Bathroom sufficient size to accommodate toilet, sink, bathtub or shower

Combo Room Area                                              Minimum Area Required

Bachelor Unit

(Living, Dining, Bedroom, Kitchen)                    145ft² (13.5m²)

Living, Dining (1 bedroom)                                  153ft² (14.25m²)

Living, Dining, Kitchen (1 bedroom)                  193ft² (17.9m²)

Living, Dining (2 bedroom)                                  180ft² (16.75m²)

Living, Dining, Kitchen (2 bedroom)                  226ft² (20.95m²)

Minimum Window Sizes for Natural Lighting                       

Rooms                                                                       < 5 Years Old           > 5 Years Old

Living and Dining Room                                        10%                            5%

Bedrooms and Other Finished Rooms             5%                              2.5%

Kitchen, Washrooms, Laundry and

Basement Rec room                                              0%                              0

Required Minimum Door Uses

Entrances and Utility Rooms                               32” x 78”

Bathroom, Washroom, and Closets                  24” x 78”

Bedrooms and Rooms not mentioned             30” x 78”

• A space for laundry facilities are to be provided within the basement apartment or must be available in a conveniently accessible common space.
• An exterior light is required at the separate exterior entrance into a basement apartment
• Lighting is required for all stairs with 3-way switches.
• If a separate basement side entrance is proposed, check with the municipal zoning plans examiner to determine whether the separate basement side entrance is permitted in the location proposed on the property.

Separate Entrance to a Basement Apartment

To legalize a separate basement entrance typically the following drawings and plans are required.

• Legal Survey
• Detail drawings of any drain connection to storm sewer, or sump pit.
• Existing and proposed construction details including foundation & exterior wall drawings, location and size of basement separate entrance, stair and landing dimensions, drain location, locations of proposed underpinning, locations of any support columns, and structural framing above, detail drawings of separate side entrance stair construction, location and size of separate basement entrance door, size of lintel(s) required over the separate side entrance door, location of exterior side entrance light and light switch, stages of proposed underpinning, numbered to show sequence of work and distance to foundations of adjacent buildings, including depth of the basement footings of the adjacent building.

Basement foundation walls with new openings wider than 3'11" or walls having openings more than 25% of its length shall be considered laterally unsupported and may require a Professional Engineer’s review  Where the depth of the basement separate side entrance causes the existing foundation to have less than typical 4ft of frost coverage the basement foundation must be extended to provide the required minimum 4ft of frost protection.

Where the proposed underpinned foundation is to be constructed below the level of the basement footings of the adjacent building and within the angle of repose of the soil, the underpinning and related construction must be designed by a Professional Engineer. The moisture in the soil freezes during the winter and cause frost upheaval.

The level of frost penetration and the amount of moisture in the soil (from poor grading and high groundwater table) determine the amount of frost pressure. 

To avoid the 4ft depth of excavation excavate to the bottom of the existing basement footing to provide frost protection, required frost protection could be attained by excavating 1ft below the walkout grade, installing vertical insulation against the basement footing, extending insulation horizontally for a length equal to the frost depth (Typically 4 ft) away from the bottom of the footing, overlapping the insulation at the horizontal and vertical transition and sloping the insulation away from the basement foundation for heat retention under the footing and proper drainage away from the footings.  Adequate insulation should be used to retain the heat immediately adjacent to the footing, which comes from the heat flowing from inside of the house to the soil beneath and beside the footing; and geothermal heat from the deep soil—heat stored in the earth below the frost level. Heat loss at corners is most pronounced because it occurs in two directions.

Horizontal insulation installed in “wings” sloping outward, around the perimeter of the slab, extends the heat flow path; controls heat loss; and moves the line of frost penetration away from the footing.

Adequate measures must also be taken to avoid damage to the insulation during construction. While in warmer parts of Ontario including the City of Brampton, only a 4 ft (1.2 m) wing will be required; in more severe climates, the width of the wing might need to extend out 6 ft (1.8 m) from the foundation perimeter. Use Expanded Polystyrene Type II or III, or Extruded Polystyrene Type IV insulation. The perimeter drainage should be extended out around the walkout and reconnected at both ends. Ensure perforated drainpipe remains 6 inches above weeping tiles with gravel in between to act as a filter for the weepers.

Removal of Load Bearing Walls

Removal or opening load bearing walls compromise the structural integrity of the walls and floors since uniform distributed loading is replaced with two point loads due to the removal or opening of load bearing wall. Also, two new point loads on the floor caused by the removal or opening of load bearing wall require additional proper support underneath the floor. 

If plumbing, electrical and HVAC duct located in the load bearing wall, the plumbing, electrical and HVAC duct located in the load bearing wall should be modified and relocated.

Relocation of plumbing, electrical and HVAC duct located in the load bearing wall may sometimes results in alterations to the interior ceilings and walls including undesirable bulkheads.  Stamped Engineering Drawing Requirements for a Building Permit Application to Remove a Load Bearing Wall

• Structural Engineer stamped point load calculation including how the load will be transferred from the floor where the wall is being removed to the floor below.
• Plan view (For the floor level where the wall is being removed)
• Direction of the existing floor joists span
• New beam sizes and supports
• Distance measured from the new beam to the next wall or beam that is supporting the floor joists (for each side of the beam)
• Plan view (For all floor levels above and below the floor where the wall is being removed)
• Direction of the existing floor joists span
• All existing beams below the new posts from above and their sizes and post locations
• Distance measured from the existing beam to the next wall or beam that is supporting the floor joists (for each side of the beam)

We will visit your basement apartment, measure, and prepare proper drawings and plans to obtain the building permit from the City of Brampton to construct or legalize your basement apartment. The required engineering drawings to obtain building permit to construct or legalize a basement apartment are prepared by licensed professional engineers (P.Eng) and will cost $1,895^+HST.

The required engineering drawings and plans to obtain building permit from the City of Brampton to construct or legalize a separate entrance to the basement apartment, will cost $1,595^+HST. $500 discount will apply if we prepare the drawings to legalize the basement apartment at the same site.  

The required engineering drawings and plans to obtain building permit from the City of Brampton to remove a load bearing wall, will cost $1,295^+HST. $500 discount will apply if we prepare the drawings to legalize the basement apartment at the same site.

If required by the City of Brampton, HVAC Heat Loss/ Gain and Duct Sizing Calculations by a Licensed Professional Mechanical Engineer will cost additional $750^+HST.

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Professional Engineers Ontario

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