top of page

3 Mains Permit Prerequisites to Legalize Your Basement Apartment

Updated: Aug 3

Why legalizing your basement apartment is important


Legalizing your basement apartment is crucial for several reasons. First and foremost, it ensures the safety of occupants and meets local building code requirements. By obtaining the necessary permits, you can guarantee that your basement apartment meets the standards set by the Ontario Building Code. This code covers important factors such as ceiling height, proper ventilation, and fire safety measures, all of which are essential for the well-being of the residents.


Furthermore, legalizing your basement apartment also provides peace of mind for both the homeowner and potential tenants. Having the necessary permits and inspections in place assures tenants that the space is legal and meets safety standards. This can increase the value of the property and attract a wider range of tenants who are seeking a legal and compliant living space.

In addition, legalizing your basement apartment allows you to access the benefits and services available to licensed rental units. For instance, you may be eligible for government grants or tax incentives for creating affordable housing units. By legalizing your basement apartment, you can also advertise it as a legal and compliant unit, attracting more potential tenants and ensuring that you are operating within the bounds of the law.


In summary, legalizing your basement apartment is important for safety, peace of mind, and accessing the benefits of a licensed rental unit. It ensures that the space meets local building code requirements, offers safety and comfort for tenants, and opens up opportunities for government incentives and grants. Don't overlook the importance of obtaining the necessary permits and making your basement apartment legal and compliant.


Basement Apartment Renovation

In order to legalize a basement apartment and get a building permit, there are 3 main prerequisites that must be met.


1. The ceiling must have a minimum of 6'-5" clear, in order to comply with Ontario Building Code.


In order to comply with the Ontario Building Code, one of the essential requirements for legalizing your basement apartment is that the ceiling must have a minimum clearance of 6'-5". This regulation ensures that the living space is safe and habitable for occupants. Having adequate ceiling height is important for several reasons. Firstly, it allows for proper ventilation and air circulation within the space, preventing the buildup of stagnant air and potential health hazards. Secondly, it ensures that there is sufficient headroom for individuals to move around comfortably without feeling cramped or restricted. This is especially important in a basement apartment where space may already be limited. Additionally, meeting the ceiling height requirement is necessary for emergency situations such as a fire, as it allows occupants to safely evacuate the premises without obstruction. When planning to legalize your basement apartment, it is crucial to assess the existing ceiling height and make any necessary adjustments to ensure compliance with the Ontario Building Code. By meeting this requirement, you can create a safe and comfortable living environment for tenants in your basement apartment.


2. Basement Apartment must have a separate entrance and direct access from outside.


To legalize your basement apartment, it is essential that it has a separate entrance and direct access from the outside. This requirement ensures the safety and convenience of both tenants and homeowners. Having a separate entrance allows tenants to enter and exit the basement apartment without disturbing the main living area of the house. It provides privacy and a sense of independence for the tenants, creating a more comfortable living environment. Direct access from outside is equally important as it allows for easy evacuation in case of emergencies. In the event of a fire or other emergencies, tenants can quickly and safely exit the basement apartment without having to navigate through the main living area of the house. This requirement also ensures that emergency services can access the basement apartment easily if needed.


3. Some cities require 3 minimum parking spaces, however, due to provincial policy they are slowly waiving this requirement.


Additionally, having a separate entrance and direct access from outside often implies that the basement apartment has its own designated parking space. This is crucial as it provides convenience for tenants who own vehicles and eliminates any potential parking conflicts with the homeowner or other residents.

By meeting the requirement of a separate entrance and direct access from outside, you can ensure the safety, privacy, and convenience of your basement apartment, making it a desirable and legal living space.


Obtaining the necessary permits to legalize your basement apartment can seem like a daunting process, but by following these steps, you can navigate through it smoothly. Here are the steps to obtain permits for your basement apartment:


1. Hire an Architect or Designer: Start by hiring a qualified architect or designer who specializes in building permit drawings. They will help you create detailed plans for the proposed changes to your basement apartment. These drawings are essential for obtaining a building permit and will guide the construction process.


2. Submit Permit Application: Once you have the building permit drawings ready, submit them along with the completed permit application to the local building department. Pay any necessary fees and provide any additional documentation required.


3. Schedule Inspections: Once your permit application is submitted, the building department will review it and issue the necessary permits. The homeowner/ Contractor will need to schedule inspections throughout the construction process to ensure that the work is being done according to the approved plans and meets building code requirements.


4. Complete Construction: With the necessary permits in hand, you can begin the construction process. It's crucial to follow the approved plans and make any required changes during the inspections to ensure compliance with building codes and safety standards.


5. Final Inspection and Approval: Once the construction is complete, schedule a final inspection with the building department. They will check if everything meets the necessary requirements, and if it does, they will issue the final approval for your basement apartment.

By following these steps and obtaining the necessary permits, you can legalize your basement apartment and ensure that it meets local building codes and safety standards. Remember to consult with professionals and adhere to the regulations to ensure a successful and legal renovation process.


To obtain a Building Permit, applicants must meet the specific requirements set forth by their local government. These requirements can include zoning, setback, lot size, and other building regulations. The list above is not a full list of requirements, but the major of the requirements that need to be met before you proceed with your designer for a building permit application. Working with a professional Building Permit Service can help make the process easier, ensuring the best chances for approval.

The content provided above is intended solely for informational and reference purposes. It is crucial to consult your local municipality's building permit department for accurate and specific information pertaining to your circumstances.

Get a Free Quotation for your permit drawings today!

Submit the form below to receive a free quotation on your drawings or give us a call at 416 989 8900

 

bottom of page