City of Mississauga Zoning By-laws do not permit the creation of ADU'S, most commonly known as "basement apartments or conversions."
Some circumstances exist under which an existing accessory dwelling unit may be permitted of it can be established that it was in existence on November 16, 1995. If you have a house that was built after 1995, you are not eligible to create a new ADU or to keep an existing accessory dwelling unit.
Under the previous Provincial legislation, basement apartments created between July 14, 1994 and November 16, 1995 must be exempted from Zoning By-law prosecution as they were deemed to be "grandfathered" if they complied with Fire and Building Code Regulations. ADU's created during this period do not have to comply with current Zoning By-laws, but they do have to meet all other requirements.
The following are some of the minimum requirements that must be met for an ADU to be considered exempted from prosecution and "grandfathered":
•ADU's are only permitted in detached, semi-detached or row house dwellings and must have been built prior to 1996.
•The appearance or character of the house can not be significantly altered so that its appearance is no longer that of a one unit structure.
•The walls and ceilings of all existing stairways must be continuous in the unit and provide a required fire-rated drywall separation between the dwelling units. Doors forming part of the fire separation between units or as an exit must meet specifications relating to thickness and size and be complete with a door closer and latch.
•Exits whether shared or separate must meet Fire Code and/or Building Code specifications.
•ADU does not have to be secondary to the main unit (smaller square footage).
•Compliance with the City of Mississauga Property Standards By-law 654-98, as amended relating to "habitable" space:
Floors, walls, ceilings, exterior walls, water/draft tight and free from dampness.
Windows, skylights for every room other than a kitchen which open directly to the outside and are of a size not less than that required by the Ontario Building Code. Bathrooms maybe equipped with a fan and a heating system capable of providing and maintaining suitable heat in accordance with City of Mississauga Adequate Heat By-law 365-95, as amended.
Minimum ceiling heights (6'5") as required under the Ontario Building Code.
A kitchen equipped with a refrigerator, stove in good repair and working condition.
Cupboards having a capacity of not less than four cubic feet multiplied by the total number of persons occupying the unit.
Counter tops, drawer, plumbing and plumbing fixtures maintained in the good condition and approved by permit in the case of all plumbing.
•ADU's must have operational smoke alarms as required, and in conformance with City of Mississauga Smoke Alarm By-law 284-93, as amended or the Ontario Fire Code.
•ADU's must have operational carbon monoxide detectors as required by City of Mississauga Carbon Monoxide Detector By-law 77-99, as amended.
•Electrical installations must be inspected and certified by the Electrical Safety Authority.
•Every second Dwelling Unit which is deemed illegal or exempt from prosecution under the provisions of the Land Use Planning and Protection Act will be reported to Canada Customs and Revenue Agency, Toronto West Taxes Services Office, Investigation Division.
If you have an existing basement apartment and wish to request an inspection to determine its compliance, please contact the Compliance and Licensing Section Call Centre at 905-896-5655.
Any property owner interested in establishing "grandfathering status" and applying for exemption from our Zoning By-law must pay a $250.00 administration and inspection fee.
To help home owners determine if they meet the "grandfathering test" a "requirement check list" has been prepared and should be consulted by all property owners seeking grandfathering status for their ADU.
An affidavit will be requested as a minimum requirement and must be written by the person who can personally attest to the fact that the ADU was in existence on November 16, 1995. This person may be the current owner or former property owner. An affidavit is a written declaration or statement of facts made by the "deponent" under oath or affirmation, and is administered by a person authorized for taking affidavits. (e.g. lawyer)
In addition to an affidavit, property owners will be required to provide such proof as financial documentation (e.g. copies of leases and rent receipts) or real estate listings, as well as an affidavit to provide evidence that the secondary unit did exist on November 16, 1995.
Related Links:
Requirements for Existing Apartments
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