Legal Basement
What is a legal Basement in Ontario
A legal basement suit, also known as a secondary dwelling unit, refers to a unit that meets the Ontario Building Code (OBC) requirements for secondary unit, local municipal zoning bylaws and the Ontario Fire Code. It must also have an Electrical Safety Authority (ESA) Certification.
What is needed for a basement permit?
Types of Basement Permit
There are two types of Basement permits in most cities in Ontario. Finished Basement Permit and Legal basement Permit
Finished Basement Permit
Finished basement permit is for homeowners intending to finish their basements for personal use. This includes, but is not limited to drywall work, moving plumbing fixtures, installing insulation or creating rooms. A building permit is necessary to ensure that Health and Safety standards set out in the O.B.C are met.
Legal Basement Permit
This permit application is for converting the basement to an independent unit. Also known as a second dwelling unit and it may be used as rental basement unit. It must be self-contained with its own entrance, kitchen and bathroom. It must meet all municipal zoning requirements, O.B.C compliance, Ontario Fire Code and ESA certification.
Things to consider for a Legal Basement Permit Application?
For a successful legal basement permit application there are several things to consider in according to the requirements of the building code
Age of Home
Age is a very important factor in any legal basement unit project as different building code rules apply depending on the age of the house.
If the house is more than 5 years old, there is some flexibility under the building code and some conditions are more relaxed. The OBC part 11 can be applied to such projects, which provide alternative renovation requirements to meet the minimum health and safety standards of the building code.
If the house is less than 5 years old, it will be classified as a new construction, and therefore meet new construction requirements from OBC part 9.
Room Sizes and Floor area requirements
The Building Code sets out minimum room sizes in second units. Room sizes vary depending on whether rooms are separated by walls or the unit is open concept.
For example, the minimum area of a dining room separated by walls is 7 m2 (75 ft2), while an open-concept bachelor unit combining sleeping, living, and dining areas and kitchen space is permitted to be 13.5 m2 (145 ft2).
General minimum areas for rooms and spaces are strictly specified in the building code. The basement floor plan will need to comply with this condition.
Ceiling Height
A basement second unit is permitted to have a ceiling height of 1.95 m (6’ 4¾”) over the entire required floor area, including the route inside the unit leading to the exit.
Windows
Windows are a mandatory requirement for a legal basement unit. The size of the window is dependent on the size of the unit. Larger units will require more number of windows or larger windows. These sizes are also dependent on the type of room. Windows may also serve as an egress window which is governed with separate rules.
Typically the size requirements are the following:
Living Room - 5% of the Floor Area
Dining Room - 5% of the Floor Area
Bedrooms - 2.5% of the Floor Area
Bathroom - Not required
Laundry Room - Not required
Kitchen - Not required
Plumbing
A Legal Basement second unit will have to meet plumbing requirements and at minimum require:
- A hot and cold water supply
- A sink, bathtub/shower, and toilet
- A kitchen sink
- laundry facilities such as a washer and dryer
* The laundry facilities can be shared laundry area with the primary unit
Heating and Ventilation (HVAC)
The building code allows for a common furnace and air ducts shared between the Legal Basement unit and the Primary unit if fire safety measures are implemented.
A special smoke detector is installed in the supply or return air, which shuts of the fuel and electrical supply to the furnace, preventing the spread of fire between the units.
However, we advise separate furnaces and air ducts as this prevents the spread of odour, cooking smells, and noise from transferring between one other units. It also allows to have two individual thermostats to control the temperature of both units. No more cold basement!
Lighting and Electrical requirements
- Adequate lighting and electrical safety are requirements of the building code. The Legal Basement unit must have:
- A light and switch in every room and space of the Basement
- A switch at both the top and bottom of the stairs
In addition, to meet the Electrical Safety Standards (ESA)
- A separate electrical permit to do the electrical work is required
- An ESA inspection must be arranged to inspect the electrical work
Fire Safety
Fire Safety is one of the most important aspects in Legal Basement projects. A fire separation is required between the basement unit and the primary unit. This acts as a barrier to slow the spread of the fire from one unit to another.
This can be achieved by a combination of:
- Fire-rated floor, wall, door assembly
- Interconnected smoke alarms and carbon monoxide detectors
- Doors in the fire separation must be solid core and have self closing mechanism
Means of Egress
Legal basement unit needs safe exits. There are different rules for exits depending on the type of exits. Providing a separate exit for the basement unit is preferable. If that is not possible, there are a few other options.
- A common exit area, shared between the Primary unit and the Basement unit is allowed if that area has a minimum 30-minute fire separation and interconnected smoke alarms
- If the exit leads through the Primary unit, an egress window must be provided in the Basement unit
- Basement windows must have a minimum unobstructed opening of 4.1sqft and must have window wells
- The egress windows must have a minimum of 18" of openable width and must be located a maximum of 2'11" above the basement floor.
Our Process
Our design process is a collaborative and iterative approach that involves continuous communication with you throughout the project. We believe that this approach leads to better design outcomes and happier clients.
Initial Consultation:
During this meeting, we will discuss your project requirements, goals and budget. We will also review any relevant background information such as floor plans, site plans, and photos.
Concept Development:
After the initial consultation, we will begin developing a conceptual design based on your requirements and preferences. We will create preliminary drawings and 3D models to help you visualize the design.
Design Refinement:
Based on your feedback on conceptual drawings, we will refine the design to create detailed drawings. This is an iterative process and will continue until the final design is approved by the client.
Permitting and Construction Documentation:
Once the design is finalized, we will prepare permit and construction documentation, including detailed drawings meeting all building code requirements and local city guidelines. We will continue to liaise with the city until the permit is approved.
Issuing the permit:
The city will issue a building permit after reviewing the drawings. Now you can begin construction.
Inspection and Occupancy letter:
During the construction, it is mandatory to follow the approved drawings and schedule city inspections as identified in the permit. Once all inspections have been passed, the city will issue an occupancy letter.
