A secondary suite is a form of accessory suite. A secondary suite is a small home located within the principal residence. It has a kitchen, bed and bathroom separate from the principal home.
What is a secondary suite?
In order to be considered a secondary suite, there have to be five separate elements:
A separate entrance
Living facilities
Cooking facilities
Sleeping facilities
Sanitation facilities
If you are planning a secondary suite in your basement, you will need to get a development permit for an accessory suite as well as building permits.
If a secondary suite is listed as a permitted use under the LUB, it means that the development authority must approve a development permit if it meets the provisions of the LUB.
If a secondary suite is listed as a discretionary use under the LUB, it means the development authority may use discretion in deciding to approve or not approve a development permit. The development authority in making its decision may consider if the application meets the purpose and intent of the land use district, the provisions of the LUB and is compatible with the surrounding area.
Section 6.22.3 of the LUB outlines the regulations that apply to Secondary Suites. However, there are six important regulations that determine if your property can accommodate a Secondary Suite:
The land use district of the property lists a secondary suite as a permitted use or discretionary use.
The secondary suite must be proposed within a single detached dwelling (they are not allowed in a duplex, townhouse or other types of residential units).
The property must not already contain a bed and breakfast, child care facility, supportive housing facility, another suite, or a home business that interacts with clients at the property.
The property (not the house) is at least 13.0m (approx. 42ft) wide.
The property (not the house) is at wide and at least 400m² (approx. 4,300ft²) in area.
There must be two parking spaces provided for the main dwelling/house, plus one space per bedroom (up to a maximum of two) for the secondary suite in accordance with Section 4.4 of the LUB. All parking must be located on the property. On-street parking is not counted as parking for the purpose of a secondary suite application.
Secondary suites - basic code requirements
Minimum ceiling heights for living spaces within a secondary suite
The ceiling height within a secondary suite must be no less than 1.95m (6’-4 ¾”). Ceilings are permitted to be reduced below ductwork and beams where necessary but these areas are subject to evaluation by the Safety Codes Officer.
Exiting from a secondary suite
The main residence and a secondary suite must have at least one exit that leads directly to the outside. This may be a door that leads to an exterior stair or a door to a common set of interior stairs that is separated from both the main residence and suite. The walls and ceilings for such an exit must be provided with protection from the effects of fire to allow occupants adequate time to evacuate.
A direct exit from a suite may also be provided by cutting through the foundation for a door to the outside with steps leading to ground level. An exterior staircase that is not fully enclosed with walls and roof will require separation from unprotected openings from the main residence.
Fire protection between suites
A secondary suite and the main residence must be separated from each other and from any common/shared spaces to allow occupants of either unit to evacuate in the event of a fire or other emergency. This is achieved by providing a continuous smoke tight barrier of minimum ½” drywall on both sides of common walls and on the underside of floor systems. Rooms containing gas-fired furnaces and/or hot water tanks need to be enclosed in a room separated by minimum ½” drywall on the walls and ceilings.
Bedroom windows
Windows in bedrooms are required to provide an alternate method for exiting in the event of a fire or other emergency. A bedroom window must have an unobstructed open area of not less than .35 m² (3.76 ft²) with no dimension less than 380mm (15”). Windows, if below exterior grade, must be provided with a clear space in the window well in front of the window of not less than 760mm (30”). The window must be openable and remain in an open position without the use of keys, tools or special knowledge. Security bars are likely not permitted.
Smoke alarms
Homes containing a secondary suite must have smoke detectors that are interconnected to provide early detection and warning to occupants in both the main dwelling and the secondary suite. All new developed areas require a smoke detector in every bedroom and on every storey. Each smoke detector must be hardwired into an electrical circuit with a battery backup. All smoke detectors must be interconnected so they will operate in unison.
Carbon Monoxide alarms (CO)
CO alarms are required in every residence with a fuel fired appliance or an attached storage garage. CO alarms must be located within each bedroom or located within 5m of each bedroom. All CO alarms must be interconnected so they will operate in unison.
Heating and ventilation
An independent heating and ventilation system along with independent temperature control is required for secondary suites. No ductwork can be shared between the main residence and a secondary suite. There are various ways in which this requirement can be achieved. One common method is to install a second furnace serving only the secondary suite. Another popular option is an alternate heat source (electric baseboard or boiler heat) along with a means to provide adequate ventilation such as a heat recovery ventilator (HRV). Home owners are encouraged to investigate heating options with local heating service companies to minimize costs.
Electrical load
When a secondary suite is added to an existing property a service demand calculation must be completed and submitted as part of the permit application.