Are Secondary Suites Legal?

A secondary suite, as the name suggests, is a term used to describe an additional and separate residential unit on a property that is meant for only one unit. In simple words, a secondary suite is a private, self-contained dwelling in an existing home.

Also known as “mortgage helpers” or “mother-in-law suites”, secondary suites are considered accessories to the primary residence and normally have all the facilities an independent residence would have, including an entrance, a kitchen, a bathroom and a living area. There are different types of secondary suites, including:

• A unit above a rear detached garage.
• A unit above the main floor of a single-detached residence.
• A unit below the main floor of a single-detached residence – also called the basement suite.
• A unit attached to a single-detached residence at grade.
• A unit completely detached from the primary residence, also called a guesthouse or a garden suite.

A secondary suite, built in either of the above five forms, is considered as one of the most effective ways of providing affordable rental units to people who cannot afford single houses or apartments. Many homeowners are also constructing secondary suites for selling. In this way the buyer of the secondary suite also contributes in the payment of the cost of his/her homeownership. The extra income earned by renting or selling a secondary unit helps them pay their mortgage and various other bills.

However, bear in mind, the construction of a secondary suite is not universally legal. Some municipalities allow secondary suites in all single family dwellings, while others allow secondary suites only in certain zoning areas. Moreover, there are several municipalities that are still reviewing their regulations and standards to see if they can allow secondary suits in primary dwellings or not.

Hence, it is very important to check with your local government to make sure secondary units are allowed in your area. You should also check with the municipality to find out the building regulations you should meet to construct a secondary suite on your property. Constructing an illegal secondary suite may make you liable for hefty penalties. The local government may ask you to:

• Carry out any necessary repairs to meet building codes of the municipality.
• Demolish the newly built secondary suit and convert the property back to a single-family home.
• Terminate tenancy, if you have rented out the secondary suite. In this case you may be required to bear your tenants’ moving costs and out of pocket expenses.
• Face financial penalties under a municipal regulation.