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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
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”
Separate Entrance to a Basement Apartment
To legalize a separate basement entrance typically the following drawings and plans are required.
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
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.
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Land & Building Experts
PEO COA # 100205934
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