An accessory apartment is a self contained unit with kitchen, bathroom and bedroom facilities within a house, rendering the house a two unit residential property.
A legal basement apartment is one in which all Ontario Building Code and Fire Code requirements have been met.
These include:
- There are 2 means of egress (exit), such as a separate entrance door and a large enough window to escape through
- Ceiling height must be at least 6.5’
- The walls are rated for a minimum fire separation
- The bathroom requires an exhaust fan or a window
- The unit has a smoke alarm and carbon monoxide alarm
- A parking space may be required
- A building permit has been applied for and all local bylaws are complied with
- The apartment has passed Electrical Safety Authority and fire inspections
- A Certificate of Compliance is issued and the unit is registered with the municipality
If a listing states that the owner “does not warrant retrofit status of basement”, then it is not a legal basement apartment. Many non-legal basement apartments are rented, but the owner/landlord needs to be aware of his/her responsibility for the safety of renters living in the basement.
If you are considering purchasing a home with a basement apartment in it, it may be worth investigating what would be required for it to be deemed legal and the cost of those improvements.
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