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Permit for Legal Basement Apartment & Requirements

Updated: Dec 23, 2023

Are you considering converting your basement into a legal apartment but feeling overwhelmed by the permit process? You're not alone.


Starting a project for a basement apartment can be daunting for homeowners. They often feel uncertain because of the complex and confusing steps involved in obtaining a permit. However, you can simplify and make the process stress-free with the right information and guidance.


This blog post will guide you on legalizing your basement apartment. One important step is acquiring a Permit Drawing. By the end, you will feel confident and empowered to legally convert your basement into a rental space.


Permit for Legal Basement Apartment & Requirements
Permit for Legal Basement Apartment & Requirements

What is a basement apartment permit?


A basement apartment permit lets you make your basement a legal rental unit that meets health and fire safety standards. You can also refer to this type of unit as a legal basement, secondary suite, or accessory dwelling unit.


The building permit process ensures that we follow all necessary approval processes including reviewing municipal zoning by laws and building code requirements. A city inspector then confirms compliance with the Ontario building code. The basement apartment will also be inspected by the electrical safety authority for the new electrical work that has been done.


A basement apartment permit ensures that your unit meets building code standards. These standards include ventilation, fire safety, natural sunlight, and fire escape. The permit also requires the installation of necessary safety equipment.


What are the main building code requirements for me to legalize my basement apartment?


To legalize your basement apartment, you must meet specific Ontario Building Code requirements. These rules make sure the space is safe and comfortable, and follow the Ontario Building Code & Ontario Fire Code. Here are the main building code requirements to keep in mind:

For a house less than 5 years old

  1. 60 minutes fire-rated ceiling and wall that provides fire separation between units

  2. 2100mm minimum ceiling height

  3. Minimum one separate entrance

  4. Minimum one egress window

  5. Install fire dampers at all duct penetrations between units.

  6. Interconnected Smoke alarms and carbon monoxide detectors

  7. 10% Minimum glazing area for living, dining and recreation area, etc

  8. 5% minimum glazing area for bedrooms

  9. Access to laundry

  10. Rooms must meet the minimum area required by Part 9 of the Ontario Building Code under the 9.5 section.

For a house more than 5 years old

  1. Minimum15 minutes fire-rated ceiling and wall that separates between units

  2. 1950mm minimum ceiling height

  3. Minimum one separate entrance

  4. Minimum one egress window

  5. Access to laundry

  6. Interconnected Smoke alarms and carbon monoxide detectors

  7. 5% Minimum glazing area for living, dining and recreation area, etc

  8. 2.5% minimum glazing area for bedrooms

  9. All rooms must meet the minimum area required by Part 9 of the Ontario Building Code under 9.5 section.

Is a separate entrance to my basement apartment a must?


Yes, you can fulfill separate entrance requirements in many different ways. The basement apartment needs its own entrance that goes directly outside and doesn't go through another unit.


Separate entrance to basement apartment examples.

  1. Exterior basement Walkout Stair

  2. Above grade side entrance

  3. Above-grade side entrance into a common area

  4. Entryway from an above-grade basement

  5. Entryway from outside through the garage

Can I still legalize my already finished basement to make it a legal basement?


This question has been frequently ask by our client. If you finish your basement, you can make it legal and turn it into an apartment. You can update your finished basement to meet the requirements and get the permits, even though it may involve extra steps.


First, check your basement's condition and compare it to the building code for basement apartments. This includes checking the ceiling height, emergency egress options, ventilation, electrical and plumbing systems, and fire safety measures.

If the building code requirements need any changes or updates. This could mean changing the layout, adding emergency windows, improving ventilation, or updating electrical and plumbing systems.


Using a building permit company like us for basement apartment conversions and permit drawings can be helpful. We can assist with legalizing a finished basement by guiding you through the necessary changes and paperwork.


Legalizing your finished basement has many benefits and brings peace of mind. It can raise your property's worth, bring in extra rent, and make a secure and cozy living area for potential renters.


What are the advantages of legalizing my basement apartment?


Legalizing your basement apartment offers a range of advantages that make the process well worth it. Foremost, it increases the value of your property in the real estate market. A legal basement apartment is attractive to buyers or renters, making your home more marketable in the future.


By legalizing your basement apartment, you can also generate additional rental income. Renting your basement legally lets you make money from the space and use it to cover mortgage or other costs.


Furthermore, legalizing your basement apartment ensures that it meets all the necessary building codes and safety regulations. This provides peace of mind, knowing that your tenants have a safe and comfortable living space. It also keeps you safe from legal problems and penalties by preventing unauthorized living spaces.


Can I still rent out my basement apartment without legalizing it with the city?


No, and we do not recommend renting out your basement apartment without legalizing it with the city. Skipping permits for basement apartments saves time and money, but legalizing them is important for many reasons.


Foremost, renting out an unpermitted basement apartment can lead to legal trouble and potential penalties. Local authorities can impose fines and even force you to remove unauthorized living spaces.

Retrofitting an unpermitted basement apartment can be problematic. You need to remove your current tenant. This can disrupt your rental income and put you at risk for liability if accidents or injuries occur.


Retrofitting a recently renovated basement to bring the basement apartment up to code will result in major financial loss. Many of our clients have regretted making this decision and all of them wish they had done it right the first time.


Renting an unpermitted basement apartment means that authorities have not inspected it for building codes and safety regulations. This can compromise the safety and comfort of your tenants. Legalize your basement apartment to meet standards and give peace of mind to you and your tenants.


Who can help me with the building permit approval to legalize my basement apartment?


If you're feeling overwhelmed by the process of obtaining a building permit to legalize your basement apartment, don't worry. We specialize in this area and can help make the process simple and stress-free for you.


Our service helps you get expert assistance for building permit approval. Our experts have the knowledge to handle the permit process and ensure the correct submission of all required documents.


Our service creates accurate permit drawings that meet building department requirements, utilizing our experts' expertise. They will help you with everything, from submitting documents to making and making changes.


A professional permit drawing service simplifies the approval process. It also ensures that your basement apartment meets building codes and safety regulations. This service gives you peace of mind.


Ready to take the next step in legalizing your basement apartment? Contact us today for a free quote and expert assistance in obtaining your building permit. Our team of professionals is here to simplify the process and help you create a safe and legal living space. Don't hesitate, to reach out to us now and let us make the permit approval process hassle-free for you.

The content provided above is intended solely for informational and reference purposes. It is crucial to consult your local municipality's building permit department for accurate and specific information pertaining to your circumstances.

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