Are you a homeowner or investor in Toronto looking for information and an opportunity to add extra living space to a property? Garden suites – also known as accessory dwellings – are quickly becoming the most popular renovation choice as it is a more affordable option for creating an independent living space and gross higher rents if used to generate rental income. By adding a garden suite, homeowners and investors increase their property value.
There is an array of rules and regulations associated with creating and maintaining these spaces, which makes it critical for every homeowner to understand what’s required before taking on the project. We’ve broken down all of the important details that Greater Toronto and Hamilton Area (GTHA) homeowners need to know when considering building their garden suite!
What is a garden suite vs a laneway house in Toronto?
Garden Suites, like Laneway Suites, are self-contained housekeeping unit that is typically detached from the main residence. Garden suites and laneway houses are sometimes used interchangeably but both address housing affordability.
As a detached building, both a garden suite and a laneway suite must be secondary to the main house and cannot be severed into an independent lot.
In GTHA, a laneway house is located in the backyard of the existing house where there is access to an existing lane, while a garden suite does not have to be located in the backyard (interior or exterior sideyard) and does not need access to a lane. You’ll notice that most cities including Toronto are allowing Garden Suites to be located in the side yard of a corner lot property. This makes a Toronto garden suite more advantageous.
Are garden suites legal in Toronto?
Provided that certain conditions are met, the City of Toronto’s Zoning By-law 569-2013, does allow detached accessory dwelling units also known as garden suites. Following the enactment of provincial legislative bill 108 in 2019 the City of Toronto city council planning and housing committee began taking action in 2020 to amend the bylaw requirements.
In 2022, it was adopted by the city council and later appealed at the Ontario Land Tribunal where the proceeding was dismissed officially making building garden suites in residential zones a legitimate option for secondary suites.
An existing garage is a great opportunity for a Garden Suite.
This is one of the advantages of Garden Suites as part of the housing options strategy in Toronto. Existing garages can be converted into a Garden Suite, provided certain conditions are met. These conditions are related to zoning and are attractive when considering a Garden Suite Conversion.
Here a some of the requirements that are eliminated when converting an existing garage into a Laneway Suite or Garden Suite.
Garden Suite Height and Separation Requirements
The height of a Garden Suite is regulated along with the separation or distance between the main house and the secondary dwelling which can be laneway homes or garden suites. If the detached garage or structure is located outside the allowable distance outlined in the bylaw, it is not a problem and will not require a minor variance from the zoning provisions.
Garden Suites Rear Yard and Side Yard Setback Requirements
Most accessory structures and garages that can be converted into a garden suite are located too close to the property line. There just is not enough space between the neighboring property and the planned garden suite. Guidelines for zoning requirements don’t regulate the location of existing garages or structures being converted or retrofitted into garden suites.
Many regulations still need to be considered namely, angular plane requirements,
emergency access, soft landscaping, tree protection, maximum height, and property square foot or coverage requirements.
While the existing structure in its existing location cannot be moved, measures will need to be taken to protect openings adjacent to neighboring property and other dwelling units on the same lot. This is governed by the Ontario Building Code and there is no relief on fire safety where garden suites are concerned.
Other standards that govern garden suite construction?
In an attempt not to overwhelm you with details that are best suited for a course or training material, below is an anecdotal summary of the new Toronto zoning bylaw requirements. It is worth mentioning here that no garden suite or laneway will be considered as a separate or primary dwelling unit and a request for consent (severance) to divide the land into an independent parcel will be denied.
Fire Department Access
Whether it is a laneway or a garden suite, the fire department requires a 45m maximum distance measured from the public street to the entry of the new garden suite unit. If a fire event occurs, the fire department personnel needs to extend the hose to the front door of the garden suite.
Access to a garden suite can be difficult if sufficient enough room is not provided so this is regulated in the bylaws and building code to avoid being missed.
A clear path of travel must give access to the fire department to approach the garden suite or laneway home. This path is measured at 1.0 meters wide and has a headroom clearance of 2.1 meters height.
In cases where it is not possible to achieve the required width for the part of travel, a limiting distance agreement can be established with the neighboring property owner. This is only an option if neighbors are agreeable to the terms of an arrangement. Also, this requires legal representation.
Existing Tree Preservations
When building a garden suite in the City of Toronto all healthy trees must be protected under regulations in place to ensure that this happens. Injury or removal of trees is governed by the general manager of parks forestry and recreation. And most requests will be refused and alternate design approaches be considered before proceeding with a building permit. Generally speaking, the city is more interested in the removal of hardscape for existing parking spaces versus the removal of landscape and trees that contributes to the Toronto goal of becoming more “green”.
What are the size and height restrictions for garden suites in Toronto?
Garden Suite Ground Floor Area
This is the area of the building that is in direct contact with the ground hence the name “ground floor area”. It is also referred to as the footprint of the building. Again this is only the portion of the building touching the ground.
The City of Toronto requires that the ground floor area of the newly built garden suite be restricted to the lesser of 40% of the rear yard area or 60 square meters of lot coverage. This ensures that landscape area is provided in a greater quantity and guards against the potential of the garden suite becoming larger than the principal dwelling.
Garden Suite Gross Floor Area
Gross by definition is referring to the total, entirety, or whole of something, and that is the same way it is used as a parameter in the bylaw. Toronto requires that the gross floor area be factored into determining the maximum size of a garden suite in two ways. The first consideration that needs to be taken into account is the total area of the lot that is occupied by the supporting structure like sheds and garages (including the planned garden suite).
This total cannot exceed 20%. If it does, it means that unnecessary supporting buildings or structures should be demolished. The second consideration for a garden suite project is the gross floor area of the main house. Yes, the bylaw also restricts the maximum size of the garden suite to the size of the main house.
Garden Suite Height to Separation Ratio
In some cases, zoning provisions will use a sliding scale or a ratio of some sort. This is true for garden suite height determination. Regardless if it is an investment property or private use property, the height of the garden site is determined by its setback or separation from the main dwelling in the City of Toronto.
This is important because in most garden suite feasibility / Suite-Able scenarios, to maximize the floor area, a second storey is usually the only option. So, if the separation between the main house and the newly planned garden suite is a minimum of 5.0 meters, the max height of the garden suite can be 4.0 meters. But if the minimum setback is at least 7.5 meters, then the garden suite can be built to a height of 6.0 meters. Of course, this will trigger provisions for angular plane requirements.
Ontario Building Code (OBC) Consideration for Your Garden Suites
As a qualified BCIN designer engaged in the business of designing houses, garden suites, and multiplexes for home owners and real estate investors, I’ve accumulated a wealth of experience and knowledge related to the Ontario Building Code. Here are the top building code considerations that must consider, to design a garden suite that gets the green light.
Limiting Distance and Unprotected Openings
This code consideration ensures that the building is located 1.2 meters from other neighboring properties. If this cannot be achieved, openings/windows that appear in the elevation that is within the limiting distance need to be protected. Protected openings will need to be able to withstand fire to prevent its spread from one house or suite.
These protected openings can be achieved by installing wired glass and metal framed windows, glass blocks, or fire shutters. Though these are all options they have specific uses given the situation.
Room Sizes and Headroom Clearance
The government of Ontario published a garden suite guide that gives a helpful understanding of room sizes. This is purely academic but useful when reviewing a property’s existing layout or proposed layout for compliance with the OBC. Without getting into the details of room sizes, here are the basics you need to know.
- One bedroom can have a smaller living, kitchen, and dining combined
- Two bedrooms require that a bedroom be primary and thus large than a second or third bedroom.
- A studio is great as it can be as small as 145 square feet in total. This unit size is suitable for students.
- Bathrooms, laundry, closets, and utility room must be appropriately sized for use
- Where the kitchen, living, and dining room are not combined it is required to be larger than when combined.
- When creating a self-contained garden suite, a kitchen, living, dining, bedroom, bathroom, and laundry are all required spaces.
Natural Lighting
When a room is darker than it should be, it becomes apparent to all entering the space. For this reason, natural light is a requirement of the building code. Natural rather than artificial light boosts morale and enhances mental health for occupants, so providing sufficient light is not left to chance. Here is what the building code has to say about natural light.
In houses that are newly built, in this case, newly built garden suites or laneway suites, the living, and dining rooms need to have glazing (glass portion of a window) that is 10% or more of the floor area it serving or the room it is located within. While in the bedroom only 5% is required. This is why it is advantageous when converting existing garages into garden suites or laneway suites, as this natural light percentage is slashed in half for the mentioned rooms.
Not all rooms require natural light even though it may be nice to have in most cases. For example, a bathroom, kitchen, closet, or utility room may require ventilation but not natural light so 100% of the lighting can be artificial.
Conclusion
Building a garden suite can be an economical and efficient way to add additional living space to a property. However, it is important to ensure that you are following all of the relevant zoning bylaws, as well as the Ontario Building Code regulations. For those who require help in determining if their property is suitable for a garden suite, or what the individual restrictions imposed by their municipality might be, they should contact a qualified and experienced BCIN designer to assist them in this process.
