New Regulations for Additional Residential Units |
Please note that the City’s requirements for Additional Residential Units (previously known as Secondary Suites) have changed effective August 28, 2023 pursuant to By-law 23-087. Bill 23, More Homes Built Faster Act, 2022 was introduced by the Province on October 25, 2022. Third reading and Royal Assent was granted on November 28, 2022. The new legislation makes amendments to nine different statutes, including the Conservation Authorities Act, the Municipal Act, 2001, the Ontario Heritage Act, the Ontario Land Tribunal Act, 2021, and the Planning Act. The associated regulations relating to additional residential units came into force on December 23, 2022. With the intention of increasing the supply of housing, the Province introduced changes to the Planning Act to allow gentle density/intensification by requiring municipal zoning to permit ‘gentle intensification’ of up to 3 units per lot (up to two in the main building and one in an accessory building or up to three in the main building) in a detached, semi-detached or townhouse dwelling; prohibiting municipal zoning to regulate minimum unit size or from requiring more than one parking space per unit for ‘gentle intensification’ units; and exempting ‘gentle intensification’ units from Development Charges, Parkland and Community Benefit contributions. |
Printable version of the New Additional Residential Units Guide |
A printable copy of the New Additional Residential Units (ARUs) Guide is available online in an Adobe PDF format. |
How to Apply for a building permit
This building permit guide for Additional Residential Units is intended to familiarize homeowners and their contactors with general requirements set out by the Ontario Building Code, and applicable law to help assist in obtaining a building permit for construction of new or conformity of existing Additional Residential Units.
Sections below outline general submission requirements such as types of documents and drawings necessary for review of an Additional Residential Unit construction, as well as comprehensive requirements applicable to the construction of living spaces and safety requirements such as fire prevention.
Permit applications for Additional Residential Units are to be submitted through the online application portal.
Submission Requirements
-
Completed Building Permit Application Form – generated in the portal to be signed.
- Drawings/plans drawn to scale and fully dimensioned either in metric or imperial but not in combination. Drawings must include:
- Site Plan
- Existing Floor Layouts
- Proposed Floor Layouts
- Cross Sections and Wall/Ceiling/Fire Separation Construction Details
- Elevations showing ARU Entrance and Egress Window
- HVAC and mechanical drawings
The site plan and lot grading and drainage plan must clearly indicate an unobstructed and maintained path for firefighting access that meets the requirements of Section 6.33.3(d) of the City’s Zoning By-law. This must be provided to and approved by Engineering Development before permit may be granted.
If constructing an ARU in an ancillary/accessory building, proof that the existing sanitary and domestic cold water (DCW) services will adequately support the increased load. An engineer possessing PEO designation will be required to verify/design the plumbing systems to ensure they meet the OBC. Only one sanitary and DCW service from the City services is permitted per property.
Drawings are to be prepared by a professional such as an engineer, architect, or a designer with a Building Code Identification Number (BCIN)1,2
1If there is a Principal Unit with one additional residential unit within the dwelling, the homeowner may be permitted to prepare the drawings. It is recommended that the owner engage the services a BCIN designer qualified with a minimum House
2If there are a total of 3 dwelling units within the dwelling, a designer with minimum qualifications in Small Buildings is required.
Construction & Safety Requirements
The following tables are a reference for one proposed additional residential unit in the dwelling with a Principal Unit and does not address all OBC requirements. Where a second additional residential unit is proposed in the dwelling (total of 3 dwelling units), please consult a BCIN designer qualified in Small Buildings.
Requirements | Dwellings in existence for less than 5 years | Dwellings in existence for 5 years or older | Dwellings in existence for 5 years or older with a finished basement |
---|---|---|---|
Floor Fire Separation (continuous) - Permitted Floor Fire Resistance Rating (FRR) | 45 min | 30 min | 15 min with requirements |
Permitted Floor Sound Rating | 50 STC | 50 STC | Existing may be permitted |
Permitted Wall Fire Resistance Rating (FRR) | 45 min | 30 min | 30 min |
Permitted Door Fire Protection Rating (FPR) (Note: Door requires a self-closing device) | 20 min | 20 min | 20 min |
Permitted Fire Resistance Rating (FRR) for load bearing walls, beams and columns in Supporting Structure | 45 min | 30 min | 15 min with requirements |
HVAC Systems - Duct type Smoke Detector | Must be installed in supply or return air duct system and will completely turn off fuel and electrical supply to the heating system upon activation if existing furnace serves both dwelling units. | Must be installed in supply or return air duct system and will completely turn off fuel and electrical supply to the heating system upon activation if existing furnace serves both dwelling units. | Must be installed in supply or return air duct system and will completely turn off fuel and electrical supply to the heating system upon activation if existing furnace serves both dwelling units. |
Smoke Alarms (general requirements only, additional requirements may apply) Applies to |
Only the new ARU | Only the new ARU | Both Principal Unit and ARU |
Smoke Alarms Interconnection between dwelling units | Not required | May be required | May be required |
Required locations and general requirements | Smoke alarms are required on every floor level, in every bedroom and in hallways serving bedrooms. All smoke alarms within each dwelling unit shall be interconnected and have a visual signalling component (strobe light) and include battery back up. | Smoke alarms are required on every floor level, in every bedroom and in hallways serving bedrooms. All smoke alarms within each dwelling unit shall be interconnected and have a visual signalling component (strobe light) and include battery back up. | Smoke alarms are required on every floor level, in every bedroom and in hallways serving bedrooms. All smoke alarms within each dwelling unit shall be interconnected and have a visual signalling component (strobe light) and include battery back up. |
Natural Light in Living and Dining Rooms | 10% of area served | 5% of area served | 5% of area served |
Natural Light in Bedrooms and other Finished Rooms | 5% of area served | 2.5% of area served | 2.5% of area served |
Ceiling Height - All rooms | 6'11 (2.1 m) over entire floor 6'5 (2.0m) under beam/duct | 6'5 (1950 mm) over all required room areas and any location normally used as a means of egress | 6'5 (1950 mm) over all required room areas and any location normally used as a means of egress |
Table Note: The date of existence of a dwelling is the date after the dwelling permit has been issued, work has commenced and the first inspection has taken place.
General Design Requirements
- Carbon Monoxide alarms are required adjacent to each sleeping area
- Each unit shall have access to common laundry facilities or have connections within each unit for the connection of laundry appliances
- Minimum required dwelling unit size is 30 m2 and meet minimum room sizes as per Ontario Building Code requirements
Note: This design advice does not cover all requirements for ARUs. It is the designer’s responsibility to ensure compliance with the current Ontario Building Code. A copy of the Ontario Building Code (Ontario Regulation 332/12 made under the Building Code Act, 1992) is available online through the e-Laws website.
Door Connections | Minimum Width (inches) | Minimum Width (cm) | Minimum Height | Minimum Height (cm) |
---|---|---|---|---|
Dwelling Unit Entrance or Utility Room | 32" | 81 | 78" | 198 |
Bedroom or Rooms not mentioned elsewhere | 30" | 76 | 78" | 198 |
Bathroom, Washroom and walk-in Closets | 24" | 61 | 78" | 198 |
Room Sizes - Separate Spaces | Minimum Area (ft²) | Minimum Area (m²) |
---|---|---|
Living Room | 145 | 13.5 |
Dining Room | 75 | 7.0 |
Kitchen (>1 bedroom) | 45 | 4.2 |
Kitchen (1 bedroom only) | 40 | 3.7 |
Master bedroom (with closet) | 95 | 8.8 |
Master bedroom (without closet) | 105 | 9.8 |
Other Bedroom (with closet) | 65 | 6.0 |
Other Bedroom (without closet) | 75 | 7.0 |
Bathroom | Sufficient space for fixtures | Sufficient space for fixtures |
Room Sizes - Combined | Minimum Area (ft²) | Minimum Area (m²) |
---|---|---|
Living room (>1 bedroom) | 145 | 13.5 |
Living Room (1 bedroom) | 118 | 11.0 |
Dining Room | 35 | 3.3 |
Kitchen(>1 bedroom) | 45 | 4.2 |
Kitchen (1 bedroom) | 40 | 3.7 |
Bedrooms | 45 | 4.2 |
Room sizes - Bachelor | Minimum Area (ft²) | Minimum Area (m²) |
---|---|---|
Living, Dining, Bedroom and Kitchen | 145 | 13.5 |
Building Permit Requirements: Sample Site Plan
General Design Requirements
Ontario Building Code: Key Sections to Reference | Section Title |
---|---|
9.1 | Fire Protection |
9.5 | Design of Areas, Spaces and Doorways |
9.8 | Stairs, Ramps, Handrails and Guards |
9.9 | Means of Egress |
9.11 | Sound Transmission |
9.31 | Plumbing Facilities |
9.32 | Ventilation |
9.33 | Heating and Air Conditioning |
9.34 | Electrical Facilities |
Disclaimer: The design examples, including sample drawings, in this guide are not advice nor do they address all the requirements for legally establishing an ARU. It is each property owner’s responsibility to ensure compliance with all current applicable law, including the Ontario Building Code, the City’s Comprehensive Zoning By-law and any other provisions or regulations applicable to ARUs. A copy of the Ontario Building Code (Ontario Regulation 332/12 made under the Building Code Act, 1992) is available online through the e-Laws website.
- A copy of the City’s Comprehensive Zoning By-law is available online through City of Peterborough’s website.