Land & Building Experts

Legal Basement Apartment Requirements City of Markham

Basement apartment 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 Markham, you must follow very specific City of Markham's Zoning Bylaws and the Ontario Building 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 apartments are not permitted in Markham, but there are exceptions.

City of Markham last considered a zoning by-law to approve basement apartments in residential zones in 2009. The by-law was deferred indefinitely by the Markahm Council in May 2009.

City of Markham’s new Official Plan contains policies authorizing the use of basement apartments. According to Section 4.1.2.6 of the new Official Plan of the City of Markham, it is the policy of the City of Markham to support the diversification of housing tenure by providing for the establishment of basement apartments within existing and new permitted dwellings subject to appropriate zoning, development criteria and standards. Policies in Chapter 8, Land Use, expand on this policy by providing for basement apartments in Residential, Mixed Use, Greenway and Countryside land use designations. Basement apartments are generally not permitted in Markham, except for those that were legally in existence prior to November 16, 1995 and in certain areas of Markham Centre (By-law 2004-196), Cornell and Cathedraltown (By-law 177-96). Basement apartments that were in existence prior to November 16, 1995 are permitted by provincial legislation (Section 76 of the Planning Act). In Markham, dwelling units containing permitted basement apartments must be registered as a two unit dwelling with the City of Markham’s Fire and Emergency Services Department and must fully comply with the Ontario Fire Code, Ontario Building Code, City of Markham’s Zoning By-law and City of Markham’s Property Standards By-law in order to be registered.

Zoning by-law amendments to permit basement apartments in detached semi-detached and row houses in the City of Markham are necessary to comply with Section 35 (1) 1 of the Planning Act.

Such Zoning by-law amendments would also make it possible for all owners of existing and future basement apartments in the City of Markham to apply for building permits and comply with Building and Fire Codes of Ontario.

In the absence of City-wide zoning regulations, the City of Markham has been supporting the creation of basement apartments, as provided for in the City of Markham’s Official Plan, through applications to the Committee of Adjustment. Through this process, each individual site is reviewed for its suitability to support a basement apartment, taking into consideration a variety of planning matters including neighbourhood compatibility, building type, size of unit, parking standards and external appearance of the building.

Whether or not any construction takes place, the conversion of a home to have a basement apartment will require a building permit from the City of Markham. All basement apartments in the City of Markham must be registered with the City of Markham. Basement apartments will be inspected by City of Markham to ensure compliance with building and fire safety standards. This helps ensure the safety of both owners and tenants of the basement apartment.

Minor Variance

A Minor Variance provides approval for the basement apartment that does not fully comply with the City of Markham’s Zoning By-law. A Minor Variance will not change the City of Markham’s Zoning By- law, it merely grants a relief from certain existing provisions / standards of the City of Markham’s Zoning By-law, where appropriate for the basement apartment. Minor Variances are heard by the City of Markham’s Committee of Adjustment.

The City of Markham’s Committee of Adjustment is made up of individuals from the community who are appointed by the City of Markham’s Municipal Council. The City of Markham’s Committee of Adjustment meets monthly to consider Minor Variance applications. The Planning Act directs that the City of Markham’s Committee of Adjustment must be satisfied that an application for a minor variance on four points — that the variance requested maintains the intent and purpose of the City of Markham’s Official Plan and the City of Markham’s Zoning By-law; that it is considered desirable for the appropriate and orderly development or use of the land; and that the variance(s), in the view of the City of Markham’s Committee of Adjustment is truly minor in nature.

The City of Markham’s Committee of Adjustment operates as a quasi-judicial tribunal in accordance with the authorization granted to it under the Planning Act.  The Planning Act directs the City of Markham’s Committee of Adjustment with respect to the scope of its authority; the considerations that it must have when making any decision on an application presented to it; and the administrative provisions it must comply with regarding notice of Minor Variance applications and hearing procedure.

A Notice of Hearing Sign for your minor variance application under Section 45(1) or application for permission under Section 45(2) of the Planning Act will be provided by the Secretary-Treasurer of the City of Markham’s Committee of Adjustment.

Our fee for applying for minor variance on behalf of the property owner and attending a City of Markham’s Committee of Adjustment meeting is $795^+HST.

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

Homeowners in the City of Markham 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 Markham 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 Markham.  A legal and safe basement apartment will improve homeowner’s relationship with tenants, neighbours, and the City of Markham.

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 Markham. Requirements for a basement apartment in the City of Markham 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 Markham, 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 a building permit from the City of Markham to construct or legalize your basement apartment. The required engineering drawings to obtain building permit from the City of Markham 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 Markham 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 Markham 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 Markham, HVAC Heat Loss/ Gain and Duct Sizing Calculations by a Licensed Professional Mechanical Engineer will cost additional $750^+HST.

Land & Building Experts

Professional Engineers Ontario

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