Background information Second Suites / Accessory Dwelling Units / Basement Apartments

Aurora

The Town of Aurora Zoning By-law #2213-78, as amended, was further amended on April 13, 2010 to permit second suites (basement apartments).

Second suites are now permitted in detached dwellings, semi-detached dwellings and link house dwellings subject to certain zoning provisions. Therefore, owners of homes which contain second suites are required to comply with the zoning by-law and to register their houses with Building & By-law Services and may be required to obtain a Building Permit for their second suite. Homeowners wishing to construct a second suite are also required to obtain a Building Permit and register their second suite.

Owners will be required to meet the following conditions prior to the registration of a house containing a second suite:

(i) each dwelling unit in a two-unit house shall be inspected to ensure that it complies with all relevant standards set out in the Building Code and the Fire Code;
(ii) the owner shall ensure that each unit is equipped with an operable smoke alarm and carbon monoxide detector to the satisfaction of the Inspector;
(iii) the owner shall provide the Registrar with a letter of compliance from the Electrical Safety Authority;
(iv) the owner shall pay a one-time, non-refundable registration fee as set out in By-law No. 5221-10;
(v) where work is required to be undertaken by the owner and said work does not require a building permit, the owner shall pay a re-inspection fee as set out in By-law No. 5221-10; and
(vi) the owner shall submit a completed application form provided by the Town.

Exception

The owners of two-unit houses that were occupied on or prior to November 16, 1995, or the owners of any legally existing two-unit houses, shall not be required to register said two-unit houses as required by By-law No. 5221-10.

A second suite that was in existence on or prior to November 16, 1995, which has not yet been inspected by Central York Fire Services, should be inspected by Central York Fire Services, at the request of the homeowner. Fire Services will inform the homeowner of any required retrofit in order to bring the second suite into compliance with Section 9.8 of the Ontario Fire Code. Homeowners are advised to contact the Central York Fire Services  at (905) 895-9222 for further information regarding retrofitting.

In addition, the homeowners must schedule an inspection by contacting the Electrical Safety Authority  (formerly Ontario Hydro) at 1-877-372-7233.

Newmarket

Accessory Dwelling Units (Basement Apartments)

In 1994, legislation was enacted to allow owners of detached, semi-detached and town houses to have one self-contained apartment in their house provided that the unit met building code and fire code regulations.

Bill 20, passed in spring of 1996 restored power to Municipalities to decide if ADU's would be permitted under their zoning bylaws. For an existing ADU to be considered legal it was required to be occupied on, or prior to, November 16, 1995 or a building permit was issued before May 22, 1996. Furthermore, the unit needed to be inspected and approved by the Fire Department and a change of use permit was to be issued by the Building Department. The Fire Department has been inspecting the units created prior to May 1996 and if the code requirements were met, the two-unit house was put on a registry created by bylaw 1998-109.

All of the units on this list are put directly into the new registry (Bylaw 2003-106) and the owners of such property will not be required to do anything until the property changes ownership or 10 years from the original date of registration with the Fire Department. When a registration is revoked, an application for registration of a two unit dwelling must be filed (application must be accompanied by a letter from the Fire Department Central York Fire Services and Electrical Safety Authority  at 1-877-372-7233 indicating a satisfactory inspection has been completed).

For more information, please call Central York Fire Services at 905-895-9222