Whether planning on developing your basement to rent out, or are purchasing a home that already has a secondary suite, it’s important to know what can happen if your property isn’t zoned to have one. At least 1 illegal suite has been shut down every day for the past 5 years by City Inspectors.
“When the city inspector came to check the basement suite at 239 Erin Meadow Close S. E., she didn’t check for leaky ceilings, unsafe windows or faulty wiring.
But she did find something that warranted shutting it down. She found kitchen cabinets, a countertop and a sink — the telltale markings of a dwelling unit. And with no development permit granted for owner Deanna Oxtoby, that made it an illegal secondary suite.
The lack of safety concerns made no diff erence, nor did the roughly $30,000 of renovations Oxtoby said she did to upgrade the property. Rules were rules. Oxtoby had until last Dec. 1 to close it down.”
Read the full article in the Calgary Herald: Basement Suite Closures Raises Ire, May 24, 2009
What is a secondary suite?
A secondary suite can also be known as a:
- basement suite
- mother-in-law suite
- granny suite
- garden suite (detached, stand-alone)
- above the garage suite
What you need to consider if you’re planning on developing a secondary suite
1) You need to identify what your property’s land use district is
Property Land Use District Search (City of Calgary)
If your land use district is:
R-1, R-C1, or R-C1L
Secondary suites are not a listed use in the above districts. However, it’s possible to apply for a Land Use Amendment so that secondary suites would be a listed discretionary use.
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If your land use district is:
R-1s, R-C1s, R-C1Ls, R-2, R-C2, R-2M, or M-CG
AND is a single detached dwelling (if it is not a single detached dwelling, secondary suites are not allowed)
AND your property meets the minimum required parcel width, depth, or area requirements needed for a secondary suite
THEN secondary suites will be a discretionary use, and you can then apply for a Development Permit.
If your land use district is not listed above, then secondary suites are not permitted.
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For more info, check out the two guides below, or visit the City of Calgary website.
- A Guide to Developing a Secondary Suite
(305 KB) explains the various applications stages involved in developing a secondary suite.
- Secondary Suites – Alberta Building Code Requirements (1,147 KB) explains the general building code requirements for secondary suites.
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I am amazed at this news considering the amount of places that are selling for more money based on these suites. Often they are even explained in the listing as an illegal suite but are presented as a “mortgage helper”. With the amount of duplexes that seem to have a separate suite in the basement I am sure these, and others, are presented as legal a lot of the time. Good to know it could be shut down if you are counting on the revenue.
Mike Fotiou says: Yes, it’s important that you or your Realtor do all the necessary research so you know whether that suite is legal or not. There are currently over 300 homes on MLS with basement suites listed. Right off the bat, over 50 of them are not SFH’s.
I understand that the city is attempting to avert tragedy by having laws in place to make safer living quarters. However, I think these laws really need to be revisited. At the current house prices, I still can’t even fathom paying for a house with my partner, even though we have professional salaries. The help from rent revenue would be mandatory before we could even consider making that plunge.
It just so happens that someone complained to the City that I may have an illegal basement suite, which I do. I had to rent it out when I separated from my husband and didn’t want to face foreclosure…now after 2 years I may have to do just that since my mortgage is upside down. This article does not base it on safety but on the bylaw. The City really should start considering the cost of housing, financial burdens that homeowners are starting to face and not necessarily to their own doing. In my situation and in many others, 2 people are helping each other out financially and if the home is safe, and clean then that should be most important.