5 Things to Know Before Building
By Mark Weisleder
The City of Toronto has just announced changes to their local by-laws that will permit homeowners to build “garden suites” in their existing backyards. Interest in these units will undoubtedly grow as residents look to expand their living space in the face of rising real estate prices. Here are five things you need to know:
1. What exactly will be permitted?
You will be permitted to build a separate home in your backyard, provided you comply with the distance requirements from the back of your existing home and the side and rear lot lines. The square footage of the home will need to be the lesser of 645 square feet or 40 percent of the actual backyard space.
2. What is the difference between a garden suite and a laneway house?
A laneway home is a home that fronts onto an existing laneway, or a rear garage that fronts directly onto a street. Here there may be issues with how close you are to a fire hydrant for access by emergency services in the event of a fire. The rules are similar to creating a new basement apartment as you need to have a kitchen area, bathroom, sleeping area and a way to exit the home separate from the entrance.
3. What are the advantages of having a garden suite?
One of the main advantages is that, if you comply with the requirements, you do not have to obtain any approval from the local Committee of Adjustments. This approval process typically brings objections from neighbours, who do not want to stare at a new structure in their backyards. Some parents may choose to spend their retirement years in a garden suite, while allowing their children to live in the main home. This could be a very attractive long-term planning option.
4. What are the disadvantages?
It is still too early to tell what the costs are going to be, including any development charges that may be charged in the future or increased assessment fees. There will always be the issues of the neighbours who may fight to prevent you from doing this. You will also give up a lot of privacy once you make the decision to do this.
5. What should you do if you want to get started?
The important first step is to find an architect who is both experienced with these types of dwellings and understands the rules. The person you hire should know exactly what you can and cannot build, to both maximize the dwelling that you want to create, reduce expected costs, and be able to convince your neighbours that it is an effective use of your backyard area.
By being properly prepared before deciding to build a garden suite, you will not run into unexpected and costly problems down the road.
Mark Weisleder is a Partner, author and speaker at the law firm Real Estate Lawyers.ca LLP. Contact him at mark@realestatelawyers.ca or toll free at 1-888-876-5529
