 History
of basement apartments in Brampton
In 1994 the Bob Rae N.D.P. government (October
1, 1990 to June 26, 1995).proclaimed Bill 120 the Residents Rights Act
which amended the Landlord/Tenant Act, the Rent Control Act, the
Rental Housing Protection Act, the Planning Act and the Municipal
Act. This Bill permitted second units in houses, regardless of
Brampton's Municipal Zoning, provided that Health and Fire safety
standards were met.
On November 26, 1995 the new Conservative
government introduced Bill 20, restoring back to municipalities the
right to outlaw basement apartments, which became effective on May 22,
1996.
The effect of Bill 20 is to prohibit new
apartments in houses created after May 22, 1996, while existing
apartments in houses that were used or occupied on or before November
16, 1995 will be permitted ("grandfathered") provided they conform
with the requirements of the original Bill 120. Apartments created
between November 16, 1995 and May 22, 1996 are also permitted if a
Building Permit was issued.
What is a basement apartment / Secondary
Suite?
A basement apartment is a self-contained
apartment consisting of a room or rooms in a singe or semidetached
house and can be located in any part of the house, not necessarily in
the basement. They have also been called granny flats, nanny suites,
accessory apartments and second suites. In the City's bylaw, they are
referred to as a "residential unit".
A self-contained apartment shall have a separate
means of entry (which may be through another unit) a kitchen (or
cooking area) and bathroom facilities. A self-contained apartment may
be as small as a single room that contains all of the features listed.
However, if you rent a room in a house or a flat
with a shared entrance, kitchen and bathroom facilities, this
bylaw does not apply to you.
Are basement apartments legal in
Brampton?
There are approximately 3,000 homes with legal
basement apartments in Brampton which were created as a result of the
NDP's Bill 120. In order for these units to be legal, they had to
exist prior to November 16, 1995 and they had to be registered with
the City of Brampton prior to January 31, 2006 and/or have legal
non-conforming status.
Any basement apartments built since November 16,
1995 are illegal in the City of Brampton.
A single or semidetached registered home can
only have one basement apartment. Homes that have been
subdivided into more than two units are strictly prohibited unless the
property has been specifically zoned to permit multiple units. There
are very few exceptions where properties are zoned as a triplex.
How safe are legally registered basement
apartments in Brampton?
All legal registered basement apartments in
Brampton were required to comply with the Building Code and Fire Code
at the time of approval. If the home has been subsequently modified or
additional units added, building permits and the completion of
mandatory inspections would have been required prior to any
construction.
What should I know before buying a home
with a basement apartment?
Homebuyers should have their Real Estate Agent
or lawyer confirm with the City that the home being offered for sale
has a legally registered basement apartment or is legal non-conforming
and complies with the Building and Fire Code.
Real Estate Agents are bound by code of conduct
guidelines and must fully and fairly disclose all information about a
property for sale. Homes with doubtful legal status are typically
listed with the caution "Vendor does not warrant retrofit
status" and consumers should seek
further legal advice before proceeding with a purchase offer.
Benefits of a legal basement apartment:
Peace of Mind - By having a second suite
authorized you will know you did all that you could to make a safe
healthy home for you and your tenant.
Reduced Liability - Adequate insurance coverage
can be obtained.
Improved Relationships - A legal and safe second
suite is likely to improve relationships with your tenants, your
neighbours and with the City.
Risks of an illegal or unsafe basement
apartment:
- Increased Liability - The
onus is on a homeowner to meet established standards for a second
suite. If anything should happen, such as a fire, the homeowner
would be held liable due to failure to meet requirements.
- Loss of Insurance Coverage -
Having a rental unit in your home is a material change to your
home. Non-disclosure of this change of use may in fact make your
coverage null and void.
- Limited recover of damage -
An insurance policy is not responsible for rebuilding costs related
to meeting current established standards. Your insurance company is
only required to cover the costs of fixing your home back to the
state that existed at the time your policy was made prior to any
damage.
- Prosecution - If you do not
meet City codes it means that you are breaking the law. You run the
risk of being charged and can face fines with a maximum penalty of
$50,000 and/or a year of imprisonment on each count.
- Financing - Income from an
unauthorized basement apartment is generally not considered when
qualifying for a mortgage loan.
- Tenants - You are a
landlord. You are obliged to maintain your basement apartment in
good operating order and you must follow all fire safety laws.
Tenants may apply for rent reduction where the unit fails to meet
the prescribed municipal health, safety, maintenance and property
standards.
- Tenant Insurance - Your
homeowner's policy will not cover property owned by a tenant.
Can I legally convert vacant space in my
home into a basement apartment?
No. The City's zoning by-law
does not permit new basement apartments. If the basement apartment did
not exist in your home prior to November 16, 1995, a home in Brampton
cannot be legally converted. Furthermore, any home built after 1995
can never have an existing legal basement apartment.
In order to permit a new basement apartment, the
Zoning By-law would have to be changed. Changing the Zoning By-law
requires the submission of a Zoning Amendment application and fee
($7759.00) to the City's Planning, Design and
Development Department. The application is processed by the Planning,
Design and Development Department and a recommendation is made by the
Department to City Council.
Part of the re-zoning process includes:
- Holding a public meeting to allow for
comments and input from anyone living within 800 metres of the
property or any other person expressing an interest in the
application,
- A sign detailing the nature of the
application is required to be posted on the property.
- City Council makes the decision to approve or
refuse the proposed zoning change.
Zoning application decisions can be appealed to
the Ontario Municipal Board by the applicant or any person who
attended the public meeting and expressed a view or made a written
submission with respect to the application. The Zoning Amendment
process can take about six months to a year to complete.
For further information on how to apply for a
zoning amendment, contact:
The Planning, Design and Development Department
at 905-874-2050.
Can I still register an older home with
a basement apartment that existed prior to November 16, 1995?
If you are buying a home with a basement
apartment that is not legally registered with the City of Brampton, it
may still have legal non-conforming status. In order to determine the
status of the home, you will need to contact Enforcement and By-Law
Services to conduct an investigation. If there is sufficient evidence
to prove that the basement apartment existed prior to November 16,
1995, your unit can be added to the City's Registration List provided
you have complied with the requirements under the Building Code and
Fire Code and you have clearance from the Electrical Safety
Authority. Conversions and upgrades can cost in excess of $15,000.
Grants for conversions may be available through the Canada Mortgage
and Housing Corporation (CMHC).
If there is insufficient evidence that the
basement apartment existed prior to November 16, 1995, the homeowner
will be required to dismantle the unit and/or face prosecution.
Where can homebuyers get more
information?:
Where can tenants get more
information?:
Enforcement of illegal and unsafe
basement apartments
Illegal units:
The Enforcement and By-Law Services
Division at the City of Brampton investigates zoning
violations regarding basement apartments. Residents who
suspect an illegal basement apartment can report their concerns to
(905) 458-3424 or by email to
enforcement@brampton.ca.
Residents will be required to provide detailed information to support
their allegations before an investigation is initiated.
Unsafe Units:
The Brampton Fire Department
investigates all
fire safety issues. Tenants and homeowners can report
fire safety concerns to Fire Prevention at
(905) 874-2740 and request a Fire Safety Complaint
Inspection. Typical fire safety issues include:
- Inadequate fire separations between dwelling
units (i.e., walls, doors etc.)
- Inadequate means of escape
- Absence of and/or defective smoke alarms and
carbon monoxide detectors
- Faulty home wiring
Additional Resources
City of Brampton Media Release - Conviction of
homeowner
http://www.city.brampton.on.ca/press/07-017.tml
News Article - Brampton Guardian - Apartment
Fire / Death 2007
http://www.northpeel.com/brampton/news/article/31736
Provincial Legislation
http://www.e-laws.gov.on.ca/index.html
- Building Code
- Fire Code
- The Residential Tenancies Act
- Real Estate and Business Brokers Act
Special note to realtors & homeowners
Real Estate agents are licensed
by the province under the Real Estate and Business Brokers Act and
hold an obligation to ensure all sale transactions reflect a
homebuyer's awareness of the risks associated with the purchase of a
home containing a basement apartment. The public will rely on the
realtor for accurate information. Realtors can reduce their own risk,
and that of their clients, by telling clients about the rules for
basement apartments / secondary suites. If this does not occur, the
realtor may be held liable or face punishment. |
Information
on this site is deemed accurate but not guaranteed.