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Additional Residential Units

Every municipality in Ontario uses different terminology for Additional Residential Units (ARUs) and has various zoning and building requirements for reviewing the proposed drawings for the ARU projects.

The Government of Ontario approved Bill 23 (the More Homes Built Faster Act, 2022) introduced changes to the Planning Act relating to the ARUs. Based on Bill 23, three residential dwelling units (including primary dwelling) are now permitted on a “parcel of urban residential land” containing a single detached house, semi-detached house and  townhouse.

It should be noted that Bill 23 is different than the Building Code, Bill 23 is only for relaxations from zoning, and planning approvals. Bill 23 does not exempt any Building Code requirements. Ontario Building Code stipulates that “house mean a detached house, semi-detached house or row house containing not more than two dwelling units”.  As such, if a detached house, semi-detached house or row house (Regardless of age) contains more than two dwelling units (either existing or proposed), then it cannot be defined as a house and it cannot take advantage of the relaxed provisions in the Building Code for house under Part 9 or Part 11. It would be a small building, and the relevant provision under Part 9 or Part 11 as the case may be for small buildings would apply.

 

List of Municipalities in GTA, Sorted by Population

Name Municipal Status Term Specific Requirement
Toronto City Secondary Suite
  • The interior floor area of a secondary suite, or all secondary suites where more than one is permitted, must be no more than 45 percent of the interior floor area of the dwelling unit within which it is located.
  • In the case of a secondary suite located in the basement of a one storey detached house, the secondary suite may occupy the whole of the basement.
Mississauga City Second Unit
  • stairs, stairwells or retaining walls to facilitate an entrance below grade at any point shall be permitted in required rear yards and interior side yards provided that the minimum setback to an interior side lot line and rear lot line shall be 1.2 m.
  • Stairs, stairwells or retaining walls to facilitate an entrance below grade at any point shall not be permitted in front yards or exterior side yards.
  • All second units must be registered with the City as stated in the Second Units Registration By-law.
Brampton City Additional Residential Unit (ARU)
  • ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Second and third units are permitted in detached, semi-detached and townhouse dwellings, subject to zoning requirements and restrictions.
  • To be legal, second units, third units and Gar​den Suites must be registered with the City of Brampton. These policies are intended to make units safe, legal and livable.
  • For a single detached dwelling, with or without a second unit, exterior stairways constructed below the established grade shall be permitted in a required interior side yard, provided that a continuous side yard width of not less than 1.2 metres is provided on the opposite side of the dwelling and a minimum setback of 0.3 metres to the below grade stairway is maintained.
  • A below grade window shall not be permitted where the interior side yard width is less Than 1.2 metres.
  • An at or above grade door located on a side wall of a house shall only be permitted when the side yard within which the door is located has a minimum width of 1.2 metres extending from the front wall of the dwelling up to and including the door.
Markham City Second Suite
  • In general, “two-unit houses” are not permitted in Markham, but there are exceptions in specific areas where the zoning permits them.
Vaughan City Secondary Suite
  • The lot must have a minimum frontage of nine metres.
  • A secondary suite may occupy up to 45 per cent of the gross floor area (GFA) of the main dwelling, but not be less than 35 square metres in floor area.
  • At least three parking spaces are required on the lot to ensure sufficient parking is available.

Note: The City may accept one parking space for the primary unit as per Bill 23.

  • An entrance to a secondary suite cannot be located on the same wall/façade as the entrance to the main dwelling.
Richmond Hill City Additional Residential Unit (ARU)
  • The Zoning accepts up to three residential dwelling units within a house if there is no building or structure ancillary to the house.
  • Parking spaces: 1 per residential dwelling unit.
  • Access to the exterior entrance of a unit:  Minimum 1.2m side yard, where the access is from the side or rear wall of the primary dwelling.
  • An Additional Residential Unit shall not be accessed from within a garage, whether attached to or detached from a primary dwelling unit.
  • For the properties under Zoning By-law 184-87 (as amended by By-law 97-91), a minimum side yard setback of 1.5 m would be required regardless of if the proposed entrance is above or below grade.
Oakville City Accessory Apartment
  • You will require a separate zoning certificate of occupancy approval.
  • The following regulations apply to accessory dwelling units:
    • A maximum of two accessory dwelling units in the main building; or,
    • A maximum of one accessory dwelling unit in the main building and one accessory dwelling unit in an accessory building.
Burlington City Additional Residential Unit (ARU)
  • Before you can apply for any building, pool permit or business licence, you must get an approved Zoning Clearance Certificate with the City.
  • To help with more housing options and supply throughout the City of Burlington, City Council approved a motion to declare its intention to allow four residential units per lot.
Oshawa City Accessory Apartment/ Two-Unit House
  • City of Oshawa’s Two-Unit House Registration By-law requires all two unit houses to be registered.
  • The residential units can be arranged as follows (to a maximum of 3 residential dwelling units on your lot):
    • 1 in the single detached dwelling, semi-detached dwelling or townhouse dwelling plus 1 in an accessory building;
    • 2 in the single detached dwelling, semi-detached dwelling or townhouse dwelling;
    • 3 in the single detached dwelling, semi-detached dwelling or townhouse dwelling;
    • 2 in the single detached dwelling, semi-detached dwelling or townhouse dwelling plus 1 in an accessory building.
  • One additional parking space is required for each accessory dwelling, in addition to the minimum parking requirements (2 spaces) for the existing single detached dwelling, semi-detached dwelling or townhouse.
  • For a property containing TWO dwelling units:
    • Three parking spaces are required, each space is 2.75m x 5.75m
    • At least One space must be located within a side yard, rear yard, or garage.
    • Two spaces must have unobstructed street access (not parked in tandem).
  • For a property containing THREE dwelling units:
    • Four parking spaces are required, each space 2.75m x 5.75m
    • One space must be located within a side yard, rear yard or in a garage
    • Three spaces must have direct street access (not parked in tandem)
Whitby Town Accessory Apartment
  • Accessory apartments are allowed in the Town of Whitby in certain single detached and semi-detached homes.
  • Accessory apartments shall be registered.
Ajax Town Accessory Apartment
  • Two copies of a Legal Survey are required.
  • Durham Region Health Department approval is required if the subject building is connected to or adjacent to a Septic System.
Pickering City Additional Dwelling Unit (ADU)
  • Qualifying properties are permitted to have either:
    • One ADU in the main residence;
    • Two ADUs in the main residence (considered a Small Building under the OBC);
    • One ADU in a separate building located in the backyard or side yard; or
    • One ADU in the main residence and one ADU in a separate building located in the backyard or side yard.
  • All homes with an additional dwelling unit (including basement apartments, tiny homes, coach houses, etc.)  need to be registered with the City of Pickering Building Services Department and Fire Services Department.
Clarington (Durham Region) Municipality Additional Dwelling Unit (ADU)
  • The municipality will allow up to two ADUs on a property. However, due to Provincial requirements, some properties have restrictions on the number and location of ADUs and some properties may not be permitted to have any ADUs at all.
Milton Town Secondary Suite
  • Under the Zoning By-law, a Secondary Suite must:
    • be located in a detached single family dwelling serviced by municipal water and wastewater services,
    • have 3 legal parking spaces on the property, and
    • be no larger than 85 m2 (915 ft2) in floor area.
  • See the following link:

SECONDARY SUITES – BUILDING PERMIT APPLICATION GUIDE (milton.ca)

Newmarket Town Accessory Dwelling Unit (ADU)
  • All residences with Accessory Dwelling Units (ADUs) must register their units through a one-time application process.
  • Residences with ADUs are required to have a minimum of three exterior parking spaces (not including the garage).
  • The primary dwelling unit must be serviced by full municipal water and sewer services.
  • The external appearance of front façade of building or any façade that the lot has frontage shall not be altered.
  • Parking requirements are in accordance with section 5.3.1 of the by-law, which notes the following:
  • 3 parking spaces are provided, off-street and exterior of any garage or structure (ie. Carport);
    • Each parking space is perpendicular to the street and a minimum of 2.6m wide x 5m long;
    • All parking is to be provided within the driveway width permitted in your zone under section 6.2.2 of the by-law
    • For accessory dwelling unit, the required parking spaces shall be provided exterior of any garage or structure.
  • All houses with a 2nd dwelling unit are subject to Part 9 unless the existing house is at least 5 years old in which case, where applicable, Part 11 may be utilized.
Caledon Town Accessory Apartment/Accessory Dwelling Unit
  • An accessory apartment or accessory dwelling unit shall not be permitted on lands within the Oak Ridges Moraine Conservation Plan Area that are identified as Natural Core Area, Natural Linkage Area or Countryside Area on Schedule E;
  • Only one accessory apartment shall be permitted on a lot;
  • The maximum size of such accessory apartment shall be 30% of the floor area of the dwelling to which it is accessory;
  • The maximum size of such accessory dwelling unit shall be 30% of the gross floor area of a building or unit to which it is accessory.
Halton Hills Town Additional Residential Unit (ARU)
  • A maximum of two (2) ARUs may be located within a principal dwelling provided no building or structure ancillary to the principal dwelling contains any residential dwelling units; or a maximum of one (1) ARU may be located within a principal dwelling and one (1) ARU may be located within an accessory building or structure on the same property ancillary to the principal dwelling.
  • All properties having an ARU either within the principal dwelling or within an accessory building or structure on the same lot as the principal dwelling to be registered through a one-time application process.
  • Maximum one (1) ARU is permitted within a single detached dwelling in Zones A, PC, HR1, HR2, HCC, HC, HRO, RCR1, RCR2, RCC, CR, and MAR.
  • Maximum two (2) ARUs are permitted for a residential property serviced with municipal water and sanitary sewers in Zones LDR1, LDR2, DC1, DC2, MDR1, MDR2, RCO, UR, and MU1.
  • An ARU within a single detached, semi-detached, or townhouse shall not occupy more than 40% or 110 m² of floor area, whichever is lesser, OR the floor area of a basement within permitted dwelling types,
  • One parking space (minimum dimensions 2.75m x 5.5m) shall be provided for each additional residential unit, in addition to the requirements for the single detached, semi-detached, or townhouse dwelling unit; typically a total of 3 parking spaces are required (2 for the main dwelling and 1 for each ARU).
  • Maximum one driveway is permitted per lot, except where the provisions for a circular driveway can be met.
  • Maximum driveway width is 7.0 metre provided a minimum of 40% of the front yard is maintained as soft landscaping.
Aurora Town Secondary Dwelling Unit
  • Registration is required for a Secondary or Third Dwelling Unit.
Georgina Town Accessory Apartment/Additional Dwelling
  • All accessory apartments must be registered by the Registrar (Town Clerk) or person appointed by the Registrar.
  • Based on the November 2022 passing of the Province’s Bill 23, one additional dwelling may now also be permitted in an accessory structure, provided the main residence on the property has a maximum of two units, and the property is on municipal water and sewers.
  • A house serviced by a septic system may not be allowed to have an accessory apartment unless the system can be confirmed to support the extra loads.
  • A property that contains one accessory apartment and is serviced by private well and septic must provide a minimum of three parking spaces. The parking spaces must comply with the following:
    • Two of the required spaces cannot block each other in and must have direct access to a public street
    • Only one required parking space can be located within a garage
    • All required parking must be within the property lot lines and meet the minimum size requirements
Whitchurch-Stouffville Town Additional Residential Unit (ARU)
  • Up to 3 Additional Residential Units (ARUs) on a parcel of residential land within fully serviced (municipal water and sewer) settlement areas. This can occur in two combinations:
    • 2 ARUs within the principal residential building (detached house, semi-detached house, townhouse) plus 1 ARU in an accessory building;
    • or 3 ARUs in a principal residential building (detached house, semi-detached house, townhouse) provided there is no ARUs in an accessory building.
East Gwillimbury Town Accessory Apartment
Scugog Township Second Dwelling Unit
  • Location of well and septic reserve area and setbacks shall be shown on the site plan
Uxbridge Township Secondary Suite
King Township Accessory Dwelling Unit (ADU) &  Additional Residential Unit (ARU) with Different Meanings
  • A maximum of one accessory dwelling unit shall be permitted per lot.
  • An accessory dwelling unit shall be permitted in a separate accessory building, provided that:
    • The building shall be located no closer than 3.0 m to any other non-residential building on the lot.
    • The building shall be located in accordance with the setback requirements for the main building on the lot
  • An accessory dwelling unit shall be permitted as part of the main building on the lot, provided that the accessory dwelling unit shall be located either on the second storey of the main building, or at the rear of such building if the accessory dwelling unit is located within the first storey.
  • The gross floor area of the accessory dwelling unit shall not exceed fifty percent (50%) of the gross floor area of all other non-residential uses on the lot.
  • In any Residential zone, the maximum number of accessory buildings shall be limited to three (3) in accordance with the required of this By-law.
  • In any zone that permits a single detached dwelling, except an Oak Ridges Moraine zone, a maximum of two additional residential units shall be permitted per lot.
  • The gross floor area of the additional residential unit shall not exceed 50% of the gross floor area of the principal dwelling, or 85.0 m2, whichever is less.
  • A 1.2 m wide unobstructed pedestrian access shall be provided to the entrance of the additional residential unit unless access is provided directly from a street or lane
  • Each additional residential unit shall have one additional parking space provided in addition to the minimum number of parking spaces for the principal dwelling on the lot established in Part 4 of this By-law. The required parking space is permitted to be configured as a tandem parking space.
  • The entrance shall be accessible by an unobstructed hard landscaped surface walkway measuring a minimum of 1.2 m in width, or from a driveway.
  • A new entrance shall not be permitted on the same wall as the main entrance to the principal dwelling unit.
Brock Township

Grading Plan Requirements

The following table published by the City of Vaughan can be used as a reference for the projects that need a grading plan:

Project Type Grading Required Engineer/Surveyor Stamp Required
Accessory structure* greater than 40 square metres or 430 square feet Yes Yes
Accessory structure* between 10 square metres to 40 square metres Yes No
Accessory structure* less than 10 square metres or 108 square feet No No
Addition greater than 40 square metres or 430 square feet, ground floor Yes Yes
Addition less than 40 square metres or 430 square feet, ground floor Yes No
Addition to second storey only No No
Deck (enclosed or open) No No
Loggia/covered porch poured concrete greater than 25 millimetres to 2.5 centimetres (one inch) deep Yes Only if greater than 40 square metres
New door addition side elevation Yes No
New house construction Yes Yes
Sunroom on footings (posts) No No
Sunroom with foundation Yes Only if greater than 40 square metres
Walk-up basement Yes Only if greater than 40 square metres

 

*Accessory structure includes cabanas, detached garages, sheds, etc.

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