History of basement apartments in Brampton

In 1994, the Government of Ontario proclaimed Bill 120, which permitted second units in houses. The bill permitted the units, despite Brampton’s municipal zoning bylaws, if the units met health and fire safety standards.

On November 16, 1995, the Government of Ontario introduced Bill 20, restoring to municipalities the right to outlaw basement apartments. Bill 20 became effective on May 22, 1996.

Bill 20 prohibits new apartments in houses after May 22, 1996. The bill allowed homeowners to keep apartments in houses that tenants or other residents occupied on or before November 16, 1995 – if they conform to the requirements of the original Bill 20. It also allowed apartments that homeowners built between November 16, 1995 and May 22, 1996 if the City issued a building permit.

What is a basement apartment (or “secondary suite”)?

A basement apartment is a self-contained apartment consisting of a room or rooms in a single or semidetached house. A basement apartment may be in any part of the house, not necessarily in the basement. Some people call these apartments granny flats, nanny suites, accessory apartments and second suites. The City’s bylaw refers to them as "residential units."

A self-contained apartment must have a separate means of entry (which may be through another unit), a kitchen (or cooking area) and bathroom facilities. A self-contained apartment may be as small as a single room that contains all of these features.

However, if you rent a room in a house or a flat with a shared entrance, kitchen and bathroom facilities, this bylaw does not apply to you.

Are basement apartments legal in Brampton?

About 3,000 homes in Brampton have legal basement apartments that homeowners built after the Government proclaimed Bill 120. For these units to be legal, the owners had to have built them before November 16, 1995 and the owners had to have registered them with the City of Brampton before January 31, 2006 or they had to have legal non-conforming status.

Any basement apartments that owners have built since November 16, 1995 are illegal in the City of Brampton.

A single or semidetached registered home can only have one basement apartment. The City strictly prohibits homes that owners have subdivided into more than two units, unless the City has specifically zoned the property to permit multiple units. The City has zoned very few properties as triplexes.

How safe are legally registered basement apartments in Brampton?

All legal registered basement apartments in Brampton had to comply with the Building Code and Fire Code when the City approved them. If the owner afterwards modified the home or added more units, the owner would have had to get a building permit and arrange for City staff to inspect the property before construction could begin.

What should I know before buying a home with a basement apartment?

Your real estate agent or lawyer must confirm with the City that a home for sale has a legally registered basement apartment or is legally non-conforming and complies with the Building and Fire Codes.

A code of conduct requires real estate agents to fully and fairly disclose all information about a property for sale. Typically, real estate agents use the caution “Vendor does not warrant retrofit status” when listing homes with doubtful legal status. Consumers should seek further legal advice before offering to buy these homes.

Benefits of a legal basement apartment:

• Peace of mind – By having the City authorize a second suite, you will know you did all that you could to make a safe healthy home for you and your tenant.
• Reduced liability – You can get adequate insurance coverage.
• Improved relationships – A legal and safe second suite is likely to improve relationships with your tenants, your neighbours and with the City.

Risks of an illegal or unsafe basement apartment:

• Increased liability – You, as a homeowner, are responsible for meeting established standards for a second suite. If anything, such as a fire, happens, you would be liable, because you failed to meet requirements.
• Loss of insurance coverage – Building a rental unit in your home is a major change to your home. If you don’t let your insurance provider know that you have changed how you are using your home, you could, in fact, make your coverage “null and void”. (This means that you would no longer have any insurance coverage.)
• Limited damage recovery – An insurance policy does not cover the costs for rebuilding your home to meet current standards. Your insurance company is only required to cover the costs of restoring your home to the state that it was in when you bought your policy, before any damage.
• Prosecution -- If you do not meet City codes, you are breaking the law. You run the risk of being charged and can face fines of as much as $50,000 -- or even a year in prison — for each charge.
• Financing – Banks and other lenders don’t generally consider income from an unauthorized basement apartment when you try to qualify for a mortgage loan.
• Tenants – You are a landlord. You must maintain your basement apartment in good operating order and you must follow all fire safety laws. Tenants may apply to reduce their rent if the unit fails to meet municipal health, safety, maintenance and property standards.
• Tenant insurance – Your homeowner’s policy will not cover property that a tenant of an unauthorized apartment owns.

Can I legally convert vacant space in my home into a basement apartment?

No. The City’s zoning bylaw does not permit new basement apartments. If you did not have a basement apartment in your home before November 16, 1995, you cannot add one. A home built after 1995 can never have a legal basement apartment.

You have to ask the City to change the zoning bylaw before it can permit a new basement apartment. Asking the City to change the zoning bylaw requires you to submit a zoning bylaw amendment application and a fee of $7,759 to the City’s Planning, Design and Development Department. The staff of the department will process your application and recommend whether City Council should approve your application to change the zoning bylaw.

The rezoning process includes:

1. City staff holding a public meeting to allow anyone living within 800 meters of your property -- or any other person interested in your application -- to comment.
2. You post a sign on the property, detailing the nature of your application.
3. City Council decides whether to approve or refuse to change the zoning.

You or anyone who attended the public meeting, expressed a view or made a written submission can appeal City Council’s decision on your zoning application to the Ontario Municipal Board. The zoning amendment process can take about six months to a year to complete.

For further information on how to apply for a zoning amendment, contact the Planning, Design and Development Department at 905-874-2050.

Can I still register an older home that had a basement apartment before November 16, 1995?

A home with a basement apartment that a previous owner had not registered with the City of Brampton may still have legal non-conforming status. Contact Enforcement and By-Law Services to determine whether the home has this status.

If City staff investigate the situation and discover enough evidence to prove that the home had a basement apartment before November 16, 1995, the staff can add your unit to the City’s Registration List -- if you have complied with the requirements under the Building Code and Fire Code and you have clearance from the Electrical Safety Authority. Converting and upgrading the apartment to meet standards may cost you more than $15,000. However, you may also qualify for a grants for converting your property through the Canada Mortgage and Housing Corporation (CMHC).

If staff do not find enough evidence that the home had a basement apartment before November 16, 1995, the City will require the homeowner to dismantle the unit or face prosecution.

The most common mistake home buyers make is that they buy with their heart instead of their head. This often means they pay more than they should or are disappointed when they uncover defects in the home or find out the neighbourhood isn’t quite what they thought.

Here are 10 ways to prepare yourself: 

1. Visit the neighbourhood on foot

Take a walk through the neighbourhood and talk to people. Drive by at 7:30 in the morning to see how many school buses are picking up children. You can also tell how long it may take you to commute to work during rush hour. By speaking to people, you can not only get a sense of the friendliness of the community, but also as to whether there are any surprises that no one is going to advertise, a local haunted house, vandalism, former grow houses, or the neighbour from hell.

2. Go to City Hall

Visit your local building department and find out if any new developments are planned. New development may increase property values but also increase traffic. Check to see how many owners have applied for minor variances, to either build homes or additions that are larger than the by-law permits. This gives an indication of the future direction of this neighbourhood.

3. Find the right real estate agent for your needs

Start by asking family and friends. Look for signs in the area that interest you, especially “Sold” signs. This is a good indication that the agent has the area’s pulse and knows what a home should sell for. They should also likely be aware of any problems, such as sewage backups, termites or vandalism; things that may only be known by locals. Also check the website of any agents that you may interview. Do they offer tips and explain what services they provide? Do they offer information about the neighbourhood including parks, religious institutions, demographics and schools? Ask about their success rate with bidding wars and do they know how to approach sellers who refuse to pay commission?

4. How much can you afford?

When it comes to mortgages, it is not enough to know in advance how much you can safely borrow based on your income. Buyers should also realize that the lender will do an appraisal and if the lender believes you paid more than the house is worth, they will not give you the full amount of the loan that you expect. So, be very careful about stretching yourself to the limit when you make an offer on any home.

5. Title insurance is a must

Title insurance can be arranged through your lawyer. You will be protected against unpaid taxes or water bills by the seller, as well as problems that are not known at closing. This includes problems where part of the home or swimming pool is in fact on your neighbour’s property. However, it is a mistake to believe that title insurance will protect you against everything. For example, title insurance will not compensate you if you thought your lot was 50 feet and a later survey showed that it was only 48 feet.

6. Why a survey is important

A survey will reveal all boundary issues in advance, which will ensure that you do not have problems after closing, especially if you plan on making additions or other improvements.

7. Choose a home inspector carefully

The home inspection is a critical part of the process, so do your research. Make sure the company is registered before retaining them. The Ontario Association of Home Inspectors is a self-regulating body that defines qualifications for home inspectors, and grants the designation RHI, or Registered Home Inspector, to qualified practitioners in Ontario. Most inspection firms have a limitation of liability clause, which states that if they miss something that costs you money, they are not responsible. Ask the company if they have ever been sued by a buyer.

8. Ask the seller hard questions

Ask the sellers if they have had basement flooding problems, or mould or roof leaks, even if the leaks have been repaired. Watch how they answer. Most sellers will now refuse to sign property disclosure statements, but they are required to respond truthfully to these questions if you ask them directly. If the seller refuses to answer or acts suspiciously, then you need to discuss this with your home inspector and your real estate agent and either adjust your purchase offer or walk away.

9. Basement apartments must be legal

If the home contains a basement apartment and the income is important to you, make sure that it legally complies with zoning and the fire code by-laws. If it doesn’t, then all it takes is one complaint from a neighbour and you may be forced to spend thousands of dollars to make it comply after you buy.

10. Check about your insurance premium early

Find an insurance agent right away and if possible, check what it will cost to obtain insurance as soon as you sign your agreement and before you waive any conditions. An insurance agent can check the history of claims in the neighbourhood and can let you know about claims for sewage back-ups or vandalism. This is important information that any buyer should have before deciding to waive their conditions and complete the deal.

If you follow these simple steps and buy with your head instead of your heart, chances are you’ll get the house you want at a price you can afford, with no unwanted surprises later.

Finding the perfect house may be a challenge most especially to first time home buyers. A suggestion that may be done by future home owners is to list items that they want to see in a house and to do things that will make their dream of buying the perfect house come true. Below are the steps and things to consider in getting the dream house you’ve always wanted. Work with a real estate salesperson. While you can find many properties on your own, real estate agents and brokers normally have access to all the best houses before they’re found by the public. They will also handle all of the paperwork for you — a huge help, since every year the lawyers seem to come up with another form you need to sign. Choose the area in which you want to live. Or at least narrow it down. Once you’ve settled on your preferred neighborhoods, you can start your house search. Decide what your ideal house would look like. Know what you want before you start looking. Don’t waste your time on houses that don’t fit your needs and pocketbook. Visit Sunday open houses. At first, your object is simply to get the feel of the market. Visit a wide variety of houses to develop your sense of what you can get for your money. Try to resist buying the first or second house you see! And, let your real estate agent know which ones you like the most. Watch the local newspapers. Reviewing the local newspapers regularly will not only help you learn the real estate market, but you may also spot new listings or price reductions. Take advantage of online listings. Information from the Multiple Listing Service (MLS), which lists most houses for sale, is available at either the Realtor.ca or MLS.ca website. For more information on a particular house, follow up with your agent. Enlist the help of personal contacts. If you know people who live or work near where you want to buy, ask them to scout out local houses for sale. They may hear about something before it’s been put on the market. You can also ask your realtor to canvass neighborhoods, notifying every owner in the area that you are interested in buying. Look for properties in power-of-sale or foreclosure. Ask your realtor to find what is available in your area. However, they aren’t always at the lower price that buyers hope to find. Or if you’re looking for a fixer-upper, let your realtor know and try driving around neighborhoods and looking for rundown houses. Pace yourself. Don’t try to see more than five or six houses in an afternoon. Also, try to visit a few houses in the evening after work rather than spending your whole weekend hunting. Set up a folder on each house you’re interested in. Or use your computer to set up a simple database for each house, with columns for the street address and city, price, number of bedrooms and baths, and so on.

Begin decorating a room by first analyzing the space within that room. There are several fundamental principles relating to space that you should be familiar with, they are scale, proportion, line, balance, harmony and rhythm. Scale refers to the size of something as it relates to the size of everything else. Proportion is the relationship of objects to one another based on size e.g the size of a window is in proportion to the size of the room. You achieve good scale when all of the objects are proportionately correct relative to each other and as a whole. Lines define space. Vertical lines show strength and formality, eg. a classical column. Horizontal lines show relaxation and security, eg. a bed. Diagonal lines convey motion or transition. Curved lines depict freedom and softness. Place a variety of lines in your room. To change the repetition of squares and rectangles in a room, introduce some curves or diagonals with furniture and/or accessories. To achieve balance, all of the furnishings should be distributed evenly throughout the space, not just to one side of the room. A balanced room will appear natural and comfortable. Eg. Two framed pictures of equal size look great hanging side by side, but pairing two pictures of unequal size and weight, appear out of balance, even agitating. Balanced objects can be symmetrical or asymmetrical. Harmony is created when everything co-ordinates within one scheme or motif. Matching styles, colours and patterns. Rhythm refers to repeating patterns. Remember, harmony pulls a room together while rhythm moves one around a room. TIP: Always add at least one contrasting element for interest. Lastly, architectural features such as fireplaces, moldings, windows can serve as a room’s focal point. Therefore, it is important to consider these features before you choose colours, fabrics and furniture. More on this in a future article.