What are some of the criteria that determines if a basement suite is legal? The property requires the following to be legal:
-a completely separate entrance
-2 furnaces
-An upgraded floor/ceiling to meet fire regulations
-R-2 zoning with 50' of frontage
-A suite constructed before 1970 that is non-conforming can still be considered legal under the "grandfather" clause
LEGAL, ILLEGAL AND NON-CONFORMING SUITES
The following information is intended as general information only. It is based on the City of Calgary Land Use Bylaw (2P80) and the Municipal Government Act which should be consulted for specific rules and definitions regarding legal, illegal and non-conforming suites. This information has been simplified and should not be interpreted as conclusive or comprehensive as each property and situation is unique. There are three different categories of suites. They are:
LEGAL
These suites were constructed with proper permits and met all the rules at the time they were constructed. These suites still meet the present day rules as set out by the Land Use Bylaw 2P80. They may also have been approved via a Development Permit allowing relaxations of the Bylaw rules.
ILLEGAL
These suites were built illegally without all the required permits and/or did not meet the Bylaw rules. These suites are often referred to as mother-in-law suites. This type of suite is illegal.
NON-CONFORMING
This type of suite was built legally at the time of construction. However, they do not meet the present day rules of the Land Use Bylaw. Non-conforming suites are usually the result of the land use (zoning) being changed or the rules of the governing Bylaw being changed. Suites such as these are often referred to as "legal" non-conforming because they are considered to be legal despite not meeting the rules of the Bylaw. Non-conforming status may be lost if a building is renovated, destroyed or damaged to more than 75% of its value or if the use is discontinued for more than 6 months (i.e. the suite is not occupied).
The bylaws, rules and definitions controlling private property have changed over the years. The following three categories identify the changes in a simple way. This is also the criterion that Development Inspection Services utilizes when inspecting complaints of illegal dwelling units.
- Prior to 1970: The courts have determined that anything constructed or in use prior to 1970 is considered to be non-conforming.
- 1970 to 1983: The bylaws in effect at that time stated that cooking facilities (such as a stove, 220 volt wiring, hot plate, microwave oven or toaster oven) were not allowed in a basement suite.
- 1983 to Present: The current Land Use Bylaw states that a kitchen (cooking facilities as above but also including sinks, lower cabinets and counter tops) is not allowed in a basement suite.
There are other methods of determining the age of a suite including contacting previous owners; interviewing neighbour's; judging the age of fixtures, mouldings, cabinets, wiring etc.
The City of Calgary responds to complaints about illegal suites and inspects properties to establish if there is a violation of the Land Use Bylaw. Development Inspectors, through field investigations, determine the date of construction and apply the rules as listed above. If a violation is found, the property owners are required to remove either the full kitchen or just the cooking facilities (i.e. stove, microwave, 220-volt wiring). If the owners fail to comply, legal action may be taken.
The City of Calgary will not inspect properties for the benefit of lawyers, realtors, or prospective buyers to determine the legal status of a suite, nor will the City provide a "letter of comfort" for this purpose.
A common misunderstanding occurs with properties designated R-2. In order for two suites to exist within the same structure, the R-2 rules state that the property must have a minimum 15 metre frontage AND a minimum 466 square metres of lot area. The property must also have an approved and released Development Permit allowing for a second dwelling unit.
Should you require further information concerning this subject or other matters related to planning or the Land Use Bylaw, please contact the Development and Building Approvals call centre at 268-5351 (Monday to Friday, 8:00 am to 4:15 pm).