Land & Building Experts
PEO COA # 100205934
landbuil
Basement Apartment is a separate self-contained suite containing bathroom and kitchen facilities that is subordinate to a legally existing residential home. Basement Apartment is not a "Duplex" as per the City of Vaughan Zoning By-Laws.
Newly created basement apartments provide additional affordable rental apartments in the established neighbourhoods of the City of Vaughan. Basement apartments provide the added income to make home ownership more affordable in the City of Vaughan. Constructing a legal basement apartment is an economical and sustainable use of existing infrastructure and a remedy for urban sprawl in the City of Vaughan. Construction of new basement apartments is already occurring throughout established urban neighbourhoods in the City of Vaughan.
Homeowners in the City of Vaughan 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 Vaughan 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 Vaughan. A legal and safe basement apartment will improve homeowner’s relationship with tenants, neighbours and the City of Vaughan.
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.
On September 26, 2017, the City of Vaughan approved the Zoning By-law amendment - City of Vaughan Zoning By-law 103-2017 - to address all the concerns with basement apartments in the City of Vaughan.
As per the City of Vaughan Zoning By-law 103-2017, the requirements to have a basement apartment as follows:
Eligible properties to have a Basement Apartment
Lot characteristics to have a Basement Apartment
Parking Spaces required for the Basement Apartment
Separate Entrance to the Basement Apartment
Basement apartments are not allowed by the City of Vaughan:
A building permit is required to create a basement apartment within an existing house in the City of Vaughan.
Requirements for a basement apartment in the City of Vaughan are based on the 2012 Ontario Building Code Part 9 as amended/updated and Part 11 if the house has been in existence for more than 5 years.
When applying for a building permit to have a legal basement apartment the following must be submitted:
Requirements of City of Vaughan Zoning By-law 108-18
Fire Resistance Rating <5 years old >5 years old
Floor Fire Separation 45min 30min /15min
Wall Fire Separation 45min 30min
Supporting Structure
L.B. Walls, Beams & Columns 45min 30min
Individual Room Area Minimum Area Required
Living Room 145sq.ft. (13.5sq.m.)
Dining Room 75sq.ft. (7.0sq.m.)
Kitchen (1 bedroom) 40sq.ft. (3.7sq.m.)
Kitchen (2 bedrooms) 45sq.ft. (4.2sq.m.)
Master Bedroom (closets) 95sq.ft. (8.8sq.m.)
Master Bedroom (no closets) 105sq.ft. (9.8sq.m.)
Second Bedroom (closets) 65sq.ft. (6.0sq.m.)
Second Bedroom (no closets) 75sq.ft. (7sq.m.)
Bathroom sufficient size to accommodate toilet, sink, bathtub or shower
Combo Room Area Minimum Area Required
Bachelor Unit
(Living, Dining, Bedroom, Kitchen) 145sq.ft. (13.5sq.m.)
Living, Dining (1 bedroom) 153sq.ft. (14.25sq.m.)
Living, Dining, Kitchen (1 bedroom) 193sq.ft. (17.95sq.m.)
Living, Dining (2 bedroom) 180sq.ft. (16.75sq.m.)
Living, Dining, Kitchen (2 bedroom) 226sq.ft. (20.95sq.m.)
Natural Lighting Minimum Window Sizes
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
Door Uses Minimum Size Required
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 the Basement
To legalize a separate basement side entrance typically the following drawings and plans are required by the City of Vaughan.
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, 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 the building permit from the City of Vaughan 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 to construct or legalize to have a separate entrance to a basement apartment in the City of Vaughan 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 structural engineering drawings and plans to obtain building permit from the City of Vaughan 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 Vaughan, 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
Certificate of Authorization # 100205934
6-570 Alden Road, Markham, ON L3R 8N5
647 340 8649 – Land Line – Call 24/7
416 727 8336 (Text Messages)
Copyright 2015 Land & Building Experts Ltd All rights reserved.
Land & Building Experts
PEO COA # 100205934
landbuil