Land & Building Experts

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

• Basement apartments are only allowed in specific single detached, semi-detached and street townhomes in the City of Vaughan.

Lot characteristics to have a Basement Apartment

• Only one basement apartment is allowed by the City of Vaughan in each eligible house.
• The City of Vaughan requires a minimum lot frontage of 9m (29ft-7in) 
• A basement apartment may occupy up to 45% of the gross floor area (GFA) of the main dwelling.

Parking Spaces required for the Basement Apartment

• The City of Vaughan requires at least three parking spaces on the lot to ensure sufficient parking is available to accommodate the main dwelling and the basement apartment. The parking spaces must be located on a properly surfaced driveway or garage or carport and cannot include parking on the street. 

Separate Entrance to the Basement Apartment

• A basement apartment must be accessed through a separate entrance on the side or rear wall or through a common indoor vestibule.
• An entrance to a basement apartment cannot be located on the same wall/façade as the entrance to the main dwelling.
• Be accessible from the street by an unobstructed hard landscaped surface walkway measuring a minimum of 1.2m(3ft-11in) in width, or a driveway;
• Not be located closer to the front lot line than the main entrance of the residential dwelling unit on the abutting lot
• Be setback a minimum of 1.2m(3ft-11in) from the interior side lot line, except where the minimum interior side yard setback requirement to an entrance is greater.

Basement apartments are not allowed by the City of Vaughan:

• in an attached or detached garage.
• in another building on the property not attached to the house.
• in dwellings used for a bed and breakfast, home occupation, a private home tutor, a private home daycare or a group home.
• in the Woodbridge Special Policy Area.
• within a floodplain.

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:

• Application Form for a building permit to Construct a basement apartment (The City of Vaughan requires 3 weeks to review the application for the building permit)
• Building Permit fees required by the City of Vaughan: $0.45 per sq.ft. of previously finished areas being modified, and unfinished areas being finished.
• Security Deposit of $250 deposit (refundable upon final sign-off for the building permit by the City of Vaughan Building Inspector)
• Site plan drawn to scale showing the required parking spaces and all dimensions and location of existing buildings.
• Required Stamped Engineering Drawings to obtain the Building permit
• Existing floor plans for all floors showing window/door sizes & locations, room names, stair location, wall locations & construction, etc (for all floors).
• Proposed floor plans showing new wall construction, fire separations (new and existing), new windows and doors, room names, plumbing locations for kitchen, bathrooms & laundry, ceiling heights (overall, under beams and ducts), etc.
• Elevations (applicable if adding egress windows/doors with glazing)

Requirements of City of Vaughan Zoning By-law 108-18

• A basement apartment is permitted to be in a Detached house, Semi Detached or Linear Townhouse or in an accessory structure
• A maximum of 2 bedrooms is permitted within the basement apartment (any room with a door and closet is deemed a bedroom).
• The principle dwelling and secondary unit must be connected to municipal sewer and water services of adequate size (upgrading may be required). If on private water and sewer, proof must be provided to show that they are capable to accommodate the secondary unit, satisfactory to the City of Vaughan.

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

• 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                                                             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”

• 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 the Basement

To legalize a separate basement side entrance typically the following drawings and plans are required by the City of Vaughan.

• Legal Survey
• Existing and proposed construction details including foundation & exterior wall drawings, location and size of basement separate side 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 side 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, 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 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)