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Writer's pictureSteve Penna

The design and construction of a secondary suite.

Updated: Dec 7, 2020

Background

In 2011, the Ontario Government amended the Planning Act, by way of the Strong Communities Through Affordable Housing Act, 2011. Essentially, it required that “Provisions of the Planning Act, which came into effect January 1, 2012, state that municipalities shall implement policies in their official plans and that all local municipalities shall implement provisions in their zoning by-laws authorizing second units.”

Therefore in accordance with the Planning Act, municipalities are required to amend their zoning by-laws to permit secondary suites in houses in existing residential zones, within their jurisdictions.


Applicable Zoning By-laws

As a result of the changes to the Planning Act, anyone considering to design a secondary suite in a house should first contact the local municipality where the secondary suite will be created to find out whether secondary suites are permitted in their municipality. Note: There are some municipalities in Ontario that have not amended their zoning by-laws to permit secondary suites.

Municipalities that have amended their zoning by-laws to permit secondary suites in houses have specific requirements for such things as required parking, minimum

entrances to the secondary suite, maximum size of the suite, minimum setbacks to the property and licensing of the suite to mention a few. This is why it is imperative that anyone who proposes to design a secondary suite in house first contact their local municipality to determine what their zoning requirements are. Most municipalities in Ontario have websites where this information is available.

When submitting an a building permit application to create a secondary suite, most municipalities will require a site plan of the property indicating the parking, setbacks to the property line, exterior walkways and locations of of exterior entrances.

Furthermore, many municipalities restrict the size of the secondary suite in the house and therefore floor plans of the other floors of the house may be required to be provided to confirm that the secondary suite complies with these requirements.



Steven Penna has over 30 years of previous experience as a manager/supervisor for a number of

municipal building departments in the administration and enforcement of the Ontario Building Code Act and Regulation.

He is also a part-time instructor for Georgian College and Seneca College. Steven is a member of the Ontario Association of Certified

Engineering Technicians and Technologists

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