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Legal Basement Apartment Requirements City of Toronto

Basement apartments (a type of second unit), have been permitted in the City of Toronto, since 2000, however, previous City of Toronto’s zoning regulations only permitted the creation of a basement apartment five years after the new house is constructed, and did not permit basement apartments in all townhouses.

The updated City of Toronto’s zoning rules respond to provincial changes in the Planning Act that support basement apartments across the Province of Ontario and seek to simplify the creation of basement apartments. In the City of Toronto Zoning By-law 569-2013 a basement apartment is defined as a self-contained living accommodation for an additional person or persons living together as a separate single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the suite, located in and subordinate to a dwelling unit.

City of Toronto adopted zoning by-law amendments for basement apartments on March 28, 2019. The purpose and effect of City of Toronto Zoning By-law 549-2019 is to permit basement apartments in townhouses city-wide, remove the requirement for the original house to be at least five years old, remove unit size restrictions and reduce parking requirements. The amendments respond to policy changes to the Province of Ontario’s Planning Act which support basement apartments across the Province of Ontario and seeks to simplify the creation of basement apartments.

City of Toronto on March 27 and 28, 2019, adopted to amend the site specific exceptions to the R zone in Chapter 900 of Zoning By-law 569-2013 that apply to lands in the area bounded on the north by Queen Street West, on the east by Dufferin Street, on the south by Lake Shore Boulevard West and on the west by Roncesvalles Avenue by removing from the list of prevailing sections item (ii) from Section 12(2)(70) of Zoning By-law 438-86, which restricts the average floor area of all the dwelling units in a converted house to at least 65m².

In the R zone, a detached house and semi-detached house may be converted to have more than one basement apartment, subject to conditions. City of Toronto’s Zoning By-law 569-2013 permits more than one basement apartment in a detached house, in the R zone and a semi-detached house, in the R zone. The R zone applies to the area roughly aligned with most of the former City of Toronto.  A townhouse, as defined in the City of Toronto’s Zoning By-law 569-2013, includes what was previously defined as a row house in the former City of Toronto Zoning By-law 438-86.  The former City of Toronto permitted basement apartments in detached houses, semi-detached houses, and row houses much longer than the other former municipalities and this permission was carried forward in the Zoning By-law, 569-2013.

Legal Basement Apartment Requirements as per City of Toronto’s Zoning By-law, 569-2013 as follows:

• A basement apartment may be in a detached house; a semi-detached house; and a townhouse.
• Within a detached house, semi-detached house, or townhouse, each dwelling unit may have a maximum of one basement apartment.  in the R zone, each dwelling unit in a detached house or semi-detached house may have more than one basement apartment.
• A basement apartment is permitted within a lawfully existing detached house, a lawfully existing semi-detached house, or a lawfully existing townhouse in the RA, RAC, CL, CR, I, IH, IE, IS, and IPW zones.
• Pedestrian entrance leading exclusively to a basement apartment is permitted in a front wall of a townhouse, but NOT permitted in a front wall of a detached house or semi-detached house.
• An addition or exterior alteration to an existing building to accommodate a basement apartment is permitted if it does not alter or add to a front wall, or roof that faces a street; but the following additions or exterior alterations may be on a front wall, or roof that faces a street:
  • a porch or a basement extension under a porch;
  • a balcony;
  • a dormer, if the interior floor area of the dormer is no more than 2.3m² and the total interior floor area of all dormers is not more than 9.3 m²; and
  • a pedestrian entrance leading exclusively to a secondary suite in a townhouse.
  • The interior floor area of a basement apartment, or all basement apartments where more than one is permitted, must be no more than 45% of the interior floor area of the dwelling unit within which it is located. In the case of a basement apartment located in the basement of a one storey detached house, the basement apartment may occupy the whole of the basement.
  • Parking spaces must be provided at a minimum rate of one for each basement apartment more than one.

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

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

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 Toronto.

Requirements for a basement apartment in the City of Toronto 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 City of Toronto zoning plans examiner to determine whether the separate basement side entrance is permitted by the City of Toronto 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 by the City of Toronto

• Legal Survey
• 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.
• Detail drawings of any drain connection to storm sewer, or sump pit.

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 4 ft of frost coverage the basement foundation must be extended to provide the required minimum 4 ft 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 Toronto, 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 the City of Toronto to Remove a Load Bearing Wall are as follows:

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

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