FAQ: How do I know if I live in an illegal secondary suite?
We’ve all heard of them: secondary suites, granny pads, garden suites, mother-in-law suites, etc.. I grew up on a farm so I’ve always had my own image of a secondary suite: a granary that has been turned into a one-room cabin where Grandma stays when she visits in the summer.
Then I moved to a city and got (drum roll) cable TV! Oh, cable TV and your kooky shows about home ownership, property wheeling and dealing, and renovating and remodeling! There are whole shows dedicated to building that basement suite so that the homeowner can afford to make the mortgage payments. Besides giving the impression that a basement remodel isn’t really all that much work and will only take a few days to complete, the hosts usually do not go into detail about bylaws, permits and approval processes. As a result, most viewers are left with the impression that if you want to have a tenant in the basement, then just “built it and they will come.” Well, chances are that “they” will come, but “they” will be the bylaw enforcement officers with tickets in hand.
So what exactly is a secondary suite? Usually, a secondary suite is an enclosed living space within a home that has a kitchen, a bathroom, sleeping/living space and its own private entrance (for example, a basement suite). Each municipality has a different definition of what a secondary suite is. Some communities allow other types of suites to be built, including garage suites (which are enclosed living spaces above or attached to garages) and garden suites (which can be thought of as a small, self-contained house in a backyard (like a super deluxe dog house, but for people)). To cut down on the confusion, I’m just going to use “secondary suites” to refer to all of these types of suites.
What should you know about secondary suites?
Bylaws
Each municipality (city, town, or county) has the authority to decide if secondary suites are going to be allowed or not. If they are allowed, then the municipality decides where they can be located, and what kind can be built. The municipality will have bylaws that set out the rules that a homeowner must follow based on where the property is located (sometimes called a “land use district” or a “zone”). Some zones allow secondary suites, some zones do not, and some zones allow secondary suites some of the time. There are also rules about what permits have to be obtained, and when.
- Good Idea Number 1: If homeowners want to build a secondary suite, then they should contact their municipality (the city office, town office, or county office) to find out if the bylaws allow for secondary suites, and to find out what procedures must be followed.
Subsidies
Some municipalities offer incentives for homeowners to build secondary suites. Your municipality should be able to let you know if there is a subsidy program in place, and what the process is to receive the subsidy. Homeowners should contact the municipality about subsidies before they begin building or renovating the secondary suite. Usually a municipality will only subsidize construction that has not yet been completed.
- Good Idea Number 2: Homeowners should contact their municipality to find out if there are any subsidies or grants available to help with construction costs before they pick up a hammer.
Safety and Building Codes
While the municipality has the authority to decide if secondary suites should be allowed, the province has the authority to decide what safety and building codes the secondary suites must be built or maintained to meet. This means that if homeowners are allowed to build a secondary suite by the municipality, then they must build the secondary suite to meet provincial health and safety standards. Depending on when the secondary suite is built, different standards may apply.
- Good Idea Number 3: If Alberta homeowners are approved by the municipality and can build a secondary suite, then they should get in touch with Municipal Affairs about building and safety standards for secondary suites.
Buying a home with a secondary suite
What if you are looking at buying a new home, and there is a suite in the basement? You should find out if permits have been issued for the secondary suite before you buy the home. You can contact the municipality and give them the address of the property, and they should be able to tell you if the suite is legal or illegal.
If you decide to buy the home, then you should not rent out an illegal suite, but instead, do what needs to be done to turn it into a legal suite. If you do rent out an illegal suite, then different things can happen and different enforcement measures can be taken against you, depending on the circumstances. This is about more than if you are allowed to have a suite; it’s also about the safety and health of your tenant. The entire certification process is in place to potentially save lives, and to avoid tragic results.
- Good Idea Number 4: Before you buy a home with a secondary suite, do your homework and make sure that you know what has to be done before you can rent out the suite.
Until next time, when you daydream on a sunny day while gazing out a window, instead of making animal clouds, try to picture yourself being able to fit through the frame if there is ever a fire.
For information on bylaws in other jurisdictions, visit LawCentral Canada: http://www.lawcentralalberta.ca/