BUILDING PERMIT FOR A GARDEN SUITE

"Garden Suite" is a detached additional self-contained dwelling unit in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the suite located in an ancillary building on the same lot as a principal residence - either at the

rear or interior side yard. The Garden suite may be freestanding or attached to a detached private garage on the same lot as a principal residence.

Provisions of Province of Ontario's Bill 23 "More Homes Built Faster Act"
Three residential units are permitted per residential lot as of right as long as the lot is served by municipal services, with no rezoning required. This includes up to all three residential units being in the same building (i.e. triplex), or two units in the principal residence plus a garden suite. Exemption of the second and third residential units on the residential lot from Development Charges, Parkland contribution or Cash-In-lieu, and the Site Plan Control process. The principal residence is also exempt from Site Plan Control. The municipality cannot establish minimum unit sizes for ARUs. However, it should be noted that the Ontario Building Code provides for minimum habitable space regulations. The municipality cannot require more than one parking space per dwelling unit for the three residential units permitted per lot.

While municipal zoning by-laws associated with garden suites do not require a minimum lot size, not all lots will be able to accommodate a garden suite. Various factors such as the location and size of a garden suite, lot width and/or depth, the size of the existing main residential building on the lot, adequate emergency access, and the location of mature trees will influence whether or not a lot can accommodate a garden suite.

For a municipality to issue a building permit to construct a garden suite, a proposed garden suite must comply with the relevant Ontario Building Code regulations and the municipal Zoning By-law. The provision of appropriate access and travel distance for emergency services, minimum building area and room sizes, as well as minimum required floor heights, are components of the Ontario Building Code review.

To ensure access to a garden suite in the case of an emergency,  Fire Department, Emergency Services, and the Building Code require firefighting access with a maximum 45m travel distance measured from a public street to the entrance of the garden suite and a minimum width of 1.0m and a 2.1m vertical clearance from the fronting public street.  

Access to the Garden Suites must be 1.0 m wide (minimum) "private walkway", with an unobstructed 2.1 m underside clearance height and surfaced such that it can be used all weather and seasons (note: grass is not acceptable), and be maintained free and clear of all encumbrances (i.e. hydro and gas meters). If the path is shared with an adjoining property, both property Owners must enter into a Limiting Distance Agreement.

The access and travel distance requirements for the garden suite are not contained in the municipal Zoning By-law provisions and are rather determined through a compliance review of the Ontario Building Code by the municipality. These access and travel distance requirements for a garden suite cannot be altered by way of a Minor Variance application to the Committee of Adjustment, and are applicable law for the purposes of obtaining a building permit.

In order to support the preservation of existing trees, garden suites, should not result in the removal of a healthy by-law-protected tree. An important part of the municipality to increase options for housing in Neighbourhoods is the development of regulatory approaches to protect and enhance the municipal tree canopy for all types of residential construction, including garden suites.

The Province of Ontario’s "More Homes, More Choice Act, 2019", exempted new secondary dwelling units in an ancillary structure from development charges, subject to certain criteria. Properties with a garden suite are not intended to be divided, or "severed". Garden suites are intended to function as rental housing units. A garden suite may be used for living accommodations and home occupations. Short-term rentals are permitted only in accordance with the Short-Term Rental By-law. Basements are permitted in garden suites. 

All new Garden Suites must comply with Div B. 7.1.5.4 (4) Separate Services

of the Ontario Building Code for Separate Services:

No plumbing serving a dwelling unit shall be installed in or under another unit of the building unless the piping is located in a tunnel, pipe corridor, common basement, or parking garage so that the piping is accessible for servicing and maintenance throughout its length without encroachment on any private living space.    

We recommended upgrading your electrical service, main electrical disconnect, and distribution panel to a minimum of 200 Amps to accommodate an additional electric stove, electric cloth dryer, air conditioner/heat pump, and/or electric car charger(s). If you wish to have a larger electrical service or separate electrical meter for your garden suite, contact your Hydro.

If you want to install an additional gas furnace, gas waterheater, gas fireplace, gas stove, gas clothes dryer, and/or gas BBQ you will have to confirm that your existing natural gas meter and pressure regulator are sized properly to allow for the additional gas fixtures to be installed. Contact to Enbridge to determine if existing size of the gas meter and gas service pipe can accomodate the proposed additional gas appliances/fixtures. 

The City of Toronto's Requirements to have a Garden Suite are as follows:

Footprint and Lot Coverage of a Garden Suite
The maximum footprint (area the building covers) of a garden suite allowed by the City of Toronto is lesser of 40% of the rear yard area, or 60m²(645ft²). The total area of a lot that all ancillary buildings and structures may cover, including a garden suite and any other sheds or garages, cannot exceed 20% of the lot area.

Floor Area
The interior floor area of a garden suite must be less than the gross floor area of the main residential building. The interior floor area of a garden suite includes the area of all floors of a garden suite.

Height and Separation Distance
In the City of Toronto, a garden suite may be built up to a maximum height of 4.0 m where the garden suite is located a minimum of 5.0 m from the main residential building on the lot.
If a garden suite is at least 7.5 m from the main residential building on the lot, the garden suite may be built up to a maximum of 6.0 m. However, this is subject to the City of Toronto's additional angular plane rules.
For an existing garage or shed (i.e. lawfully existing ancillary buildings), if the existing separation distance between the principal residential building and the existing building is less than the required minimum separation, then the existing separation distance is permitted to remain.
Side Yard Setback
The minimum required side yard setback for a garden suite is generally the greater of 0.6m and 10% of the lot frontage, to a maximum of 3.0m.

Where openings such as windows or doors are proposed, the minimum side yard setback is greater than 1.5m, and the amount is 10% of the lot frontage. On a corner lot, the minimum side yard setback is generally greater than 1.5 m, and the minimum required side yard setback is for the main residential building on the lot. If a garden suite on a corner lot includes a vehicle parking space, and the vehicle access is from the street abutting the side lot line, then the required minimum rear yard setback is 6.0 m. For an existing garage or shed (lawfully existing ancillary buildings), the minimum side yard setback is the existing setback of that building.

Rear Yard Setback
The minimum rear yard setback for a garden suite in the City of Toronto is generally 1.5 m. On lots deeper than 45m in the City of Toronto, the minimum rear yard setback is greater than half the height of the garden suite and 1.5m. On through lots, where the rear property line abuts a street, the minimum rear yard setback is the required front yard setback of any adjacent houses that face the rear street. If there are no adjacent houses, and the garden suite does not include a vehicle parking space, the minimum setback is 1.5m. If a garden suite on a through lot includes a vehicle parking space, and the vehicle access is from the street abutting the rear lot line, then the required minimum rear yard setback is greater than 6.0, and the required minimum front yard setback for a residential building on the adjacent lot that fronts on the same street that the rear lot line abuts. For an existing garage or shed (i.e. lawfully existing ancillary buildings), the minimum rear yard setback is the existing setback of that building. 

Angular Planes
Angular planes are used by the City of Toronto to limit the impact of height and building mass. 

For garden suites in the City of Toronto, the following angular planes apply:
Front: 45 degrees starting at a height of 4.0m, 7.5m from the rear main wall of the principal residential building.
Rear: 45 degrees starting at a height of 4.0m from the required rear yard setback.
Side: 45 degrees starting at a height of 4.0m from the required side yard setback.
Where a lot line abuts a street no angular plane applies. 

Rear Yard Landscaping
The City of Toronto requires a minimum of 50% of the rear yard area, including the area covered by a garden suite, must be  soft landscaping, on lots with a  greater than 6.0m frontage.
The City of Toronto requires a minimum of 25% of the rear yard area, including the area covered by a garden suite, must be  soft landscaping, onn lots with a frontage of 6.0m or less.

Parking
The City of Torontop does nor require parking spaces for cars to be provided for a garden suite.
A minimum of two bicycle parking spaces are required by the City ofToronto for a garden suite.

City of Brampton's Provisions for Garden Suites as follows:

Permitted Locations of the Garden Suite in Brampton:

Rear or side yard only

Maximum Permitted Size of a Garden Suite in Brampton: 

80m² for Hamlet, Estate, or Agricultural zones
35m² for all other residential zones

Required Setbacks for Garden Suite in Brampton:
2.5m from the rear yard
1.8m from the sideyard
3.0m from the main residential building on the lot

Maximum Permitted Height of a Garden Suite in Brampton:
The lesser height of the main residential building on the lot or:
7.5m for Hamlet, Estate, or Agricultural zones
4.5m for all other Residential zones

Required Access to a Garden Suite in Brampton:
A minimum of 1.2m wide pedestrian path to the main access of the garden suite

Other Zoning Provisions:
No balconies or rooftop patios are permitted for a Garden Suite

CITY OF MARKHAM GARDEN HOMES AS PER BY-LAW 2024-19

A garden home is permitted accessory to a detached dwelling, semi-detached dwelling or, townhouse dwelling subject to the following:

a) A garden home is only permitted within an accessory building or structure in accordance with section 4.8.1, or within an existing

legally non-conforming use, accessory building or structure;

b) There is no coach house, garden suite, or other additional dwelling unit located within an a building accessory to a detached

dwelling, semi-detached dwelling, or townhouse dwelling on the lot;

c) The garden home is located in the rear yard;

d) The garden home does not exceed the greater of 50% of the gross floor area of the principal use dwelling unit on the same lot or 60 square metres;

e) The garden home is set back a minimum of 6 metres from the main building on the lot;

f) The garden home has a height of no greater than 4.5 metres;

g) The garden home is located no further than 30 metres from a lot line abutting a street;

h) The garden home is accessed from the street by an unobstructed path of travel that has a minimum width of 1.2 metres;

i) The garden home is located a minimum of:

(i) 1.2 metres from the rear lot line;

(ii) The required exterior side yard for the main building from

the exterior side lot line; and,

(iii) 1.2 metres from the interior side lot line.

CITY OF MARKHAM GARDEN SUITES AS PER BY-LAW 2024-19

Where permitted through the passage of a Temporary Use By-law in accordance with the Planning Act, one garden suite is permitted in a

detached accessory building or structure in the rear yard of a lot, provided:

a) There is no coach house dwelling or garden home on the lot;

b) The garden suite is in the rear yard;

c) The garden suite has a maximum gross floor area of 60 square metres provided it does not exceed the gross floor area of the principal use dwelling unit on the same lot;

d) The garden suite is designed to be portable;

e) The garden suite is set back a minimum of 6.0 metres from the main building on the lot;

f) The garden suite has a height of no greater than 4.5 metres;

g) The garden suite is located no further than 30.0 metres from the lot line over which access from a street is obtained;

h) The garden suite is accessed from the street by a clear path of travel that has a minimum width of 1.2 metres; and,

i) The garden suite is located a minimum of:

(i) 1.2 metres from the rear lot line;

(ii) The required exterior side yard for the main building from the exterior side lot line; and,

(iii) 1.2 metres from the interior side lot line.

j) The garden suite shall be located outside of the Special Policy Area, as identified on Map 8 of the Official Plan.

Building Permit Requirements for a Garden Suite  

The requirements for a building permit application for a garden suite includes fully dimensioned detailed site plan, grading and drainage plan, architectural floor plans, architectural elevation drawings, HVAC drawings, and property survey.
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The site plan shall include the location and setback information for the Garden Suite. A survey is required to verify the property configuration and the location of the existing main residential building.
If the lot is not serviced by municipal sanitary sewers, the location and design of the private sewage system (Septic System) must be submitted as part of the building permit submission to build a garden house. The location of the septic tile bed and septic tank must be provided on the garden suite's site plan.
If engineered roof or floor trusses are specified for the proposed garden house a copy of the engineer’s stamped shop drawings and specifications must be provided with the building permit application for a garden house.
Designs for structural slabs and any other design elements for the proposed garden house outside of the scope of Div, B, Part 9 of the Ontario Building Code OBC must be stamped by a professional engineer licensed in Ontario.

Water Pipe Sizing and Plumbing Data Sheet or Completed Statement of Design and site evaluation report for the septic system, if a garden suite is proposed on a privately serviced lot, is also required to be submitted along with a building permit application for a garden house. The septic system must be shown on the site plan for the proposed garden house.

Our architectural designers design the true site-specific design to build our clients’ dream garden suites. Our designers creatively and cost-effectively try their best to incorporate everything possible on our client's dream garden suite wish list. 

We pride ourselves on working diligently to create real value for each client.

Our Garden Suite Building Permit Package to obtain a Building Permit for a Garden Suite is $8,975+HST.
Our Garden Suite Building Permit Package includes the following plans, drawings, and reports.
Site Plan - Summary of permitted and proposed zoning provisions for lot area, building area (GFA), coverage, and grade elevations to confirm height. Property lines, lot area, right-of-way or easements (referenced to a current land survey), Overall dimensions of the garden suite (width/length) , Proposed finished floor elevations of the garden suite, Location of existing principal dwelling and proposed garden suite with overall dimensions and setback dimensions to lot lines and adjacent homes, Dimensioned parking areas, driveways, hard & soft landscape treatments, and accessory structures including any sheds, decks, detached garages, etc.
Floor Plans - (Up to 3 Revisions - Any additional revisions to the Floor plans will be billed at $395+HST per each occurrence) Fully dimensioned, showing uses of all spaces, including the location of smoke alarms /carbon monoxide detectors and all plumbing fixtures in the proposed garden suite
Elevations (Up to 3 Revisions - Any additional revisions to the elevations of the garden suite will be billed at $395+HST per each occurrence)
Exterior finishes with roof slopes, window/door type, locations & sizes including height of sills above the floor level of the garden suite.
Area of exposed building face, percentage/area of unprotected openings, and required limiting distance(s).
Exterior decks/landings, stairs, guards/handrails.
Floor to floor, floor to ceiling, and overall building heights.
Sections - Cross section(s) to show the proposed construction of the garden suite and specifications of all floor, wall, & roof assemblies of the garden suite
Construction Details and Notes
Detail stairs, landings, guards & handrails.
Building materials & specifications of all wall, floor, and roof assemblies with typical wall section and typical roof detail.
Guard details including connection detail.
Site Grading Plan 

To ensure that positive storm drainage is achieved according to Municipal Standards proposed grading will not adversely affect abutting properties or cause stormwater to accumulate around the proposed construction of the garden house.
The Site Grading Plan shall include any proposed tree preservation plans and if proposed design of a soakaway as well.
Site Drainage Plan - Site Drainage Plan is a necessary component of a garden suite. When a new garden suite is constructed, it is essential that the lot be graded properly to ensure that surface drainage is directed away from the garden suite and so that it does not cause problems or damage to adjacent properties.
It is also important that the garden suite be elevated so that the top of the foundation wall is at least 150mm (6”) above the adjacent ground level, to avoid water entering any masonry weep holes and to prevent rotting at the bottom plate of the framing.  

Downspouts from roofs should discharge at grade onto a splash pad at least 1.0m away from the garden suite and should not be directed toward adjacent properties. A well-defined swale along the side lot line should be established.
Erosion & Sediment Control Plan - Erosion and sedimentation are naturally occurring processes that involve particle detachment, sediment transport, and deposition of soil particles. Construction of a garden suite commonly alters the landscapes where they are located, exacerbating these natural processes. During the construction of a garden suite, siltation control methods shall be undertaken around the lot perimeter to prevent erosion and sedimentation on adjacent properties.
Designing and implementing an effective Erosion and Sediment Control Plan is essential for minimizing the potential adverse environmental effects originating from a construction site of a garden suite. A good Erosion and Sediment Control plan should use a multi-barrier approach which includes preventing erosion during the construction process of a garden suite to deal with suspended sediment at the source and minimize sediment transport from leaving the construction site of a garden suite.
Structural:
Footing/Foundation Design
Floor Framing Plan (including posts, beams, joists, and lintels)  
Roof Framing Plan  
Joist Layout
Truss Layout
Mechanical (HVAC):
Mechanical System Layout - Layout of the mechanical system at each floor level
Mechanical Details - Type, location & size of equipment
Heat Loss/Heat Gain Calculations
Duct Design
Ventilation Design/Calculations
Energy Efficiency Design Summary
Stamped engineering shop drawings are required for pre-engineered floor systems and prefabricated roof trusses.

Land Survey
A land survey plan would include the location and dimensions of lot lines of a private lot, survey monuments (bars), buildings, garages, decks, fences, retaining walls, and other major improvements to the lot as well as easements, rights-of-way, and other property interests.
An Ontario Land Surveyor is the only person who can confirm lot boundaries. All legal boundary survey work in Ontario must be carried out under the supervision of a licensed Surveyor of the Association of Ontario Land Surveyors. Legal boundary surveying certified by the surveyor confirms that extensive boundary research has been conducted and boundary corners have been marked with iron survey bars.
A survey plan is a representation of the physical conditions of the site at a specific point in time and reliance on any old survey plan should be done with caution, and with an awareness that the physical conditions of any site can change with the erection of fences, building additions, and the passage of time. A copy of an old survey may not reflect the way lot is now and may not be useful for legal purposes.
Ontario Land Surveyors provide an expert opinion on the location of boundaries. Ontario Land Surveyors use historical research, knowledge of statute and common law, and the latest technology in measurement and data processing.
Typically, all construction and development projects commence with a topographic survey (topo). Topographic survey (topo) is the recording of coordinates and height data of natural and man-made features of the landscape for a private lot including spot elevations of important features and requires benchmarks to which ground contours are related.
Architects require Topographic Survey (topo) to prepare proper site plans and design buildings or to decide where proposed buildings can and cannot be constructed on the site.
Engineers need a Topographic Survey (topo) to prepare site grading plans, erosion and sediment control plans, drainage plans, site servicing plans, soil management plans, fill control plans, site alteration plans, and stormwater management reports.

Topographic surveys (topo) may also be used when creating plans for drainage ditches, grading, or other features, using the natural landscape as the basis for such improvements. The topographic Survey and Boundary Plan of the Survey can be merged into one survey plan or shown on separate survey plans.
The following services are included for legal (SRPR) and topographic survey on the property that will be completed in a 3-week timeframe.
Legal Search at the Toronto Land Registry Office
Survey Records Search for Private Survey Notes
Fieldwork to complete the topographical and boundary survey - Surveyor’s Real Property Report showing Topography (official survey)
Locating the buildings and obtain spot geodetic elevations throughout the property as well as finished floor elevations for the subject property and neighbors.
Locating all visible utilities such as manholes, catch basins, hydro lines, fire hydrants, etc.
Locating the edge of the pavement, curb, driveway, fences, retaining walls, sidewalk, and the centerline of the pavement, trees with associated diameter.
Establish the legal boundary of the subject property and show all the easements.
Set two iron bars at the front of the property.
Drafting - CAD
OLS (Ontario Land Surveyor) time – Plan verification
The typical cost to complete the topographical and boundary survey for an urban infill lot in a subdivision is $2,390+ Disbursements + HST which weather permitting, upon the receipt of all existing historical documents and plans a new legal/boundary survey with topographic details prepared by a licensed Ontario Land Surveyor could be completed in 3 weeks.

If required,
Septic System Design would cost $1,695+HST
Tree inventory, Arborist Report, and Tree Preservation Plan would cost 

$975+HST + $55+HST / Tree

If the municipality requires additional information including floor [plans and elevations of the existing main dwelling, preparing theses plans will cost extra.

Our Licensed Professional Engineers and Architectural Designers specializing in designing garden suites offer Garden Suite Building Permit Package to obtain building permits to construct new garden suites in Ontario including Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (City of Richmond Hill), Whitchurch-Stouffville (Town of Whitchurch-Stouffville), King (Township of King), Bradford-West Gwillimbury (Town of Bradford-West Gwillimbury).

Our fee for applying for the required building to construct a garden suite, on behalf of the property owner is $495+HST

Land & Building Experts
Professional Engineers Ontario
Certificate of Authorization # 100205934
6-570 Alden Road, Markham, ON L3R 8N5
647 340 8649 – Land Line – Call 24/7
416 727 8336 (Text Messages)

Minor Variance
Municipal Zoning Bylaws help guide development and protect the rights of residents. If the property is covered by a site plan control by-law, a building permit for the proposed development of a garden suite will not be issued until the plans and drawings for the proposed garden suite have been approved by the municipality. In addition to the planning approval and building permit which are required to construct a garden suite, other permits and approvals including Conservation Authority may be required.

Zoning by-law rules that apply to the property must be determined during the preliminary planning stage of a garden suite project. Municipal Zoning by-laws regulate the use, size, location, and types of garden suites permitted on the property. The Municipal By-law contains a wide array of land use and development regulations that must be met before a property can be used or a garden suite erected.
The regulations address such matters as:
• Setbacks from the property lines
• Height
• Floor areas
• Lot coverage (usually a maximum percentage of the lot that may be covered)

When a building permit application is made for a garden suite, the Municipal Building Department staff will make a comparison between the proposed garden suite and the minimum development requirements set out in the municipal zoning by-law. If one or more municipal zoning by-law requirements cannot be met and it is not possible to revise the proposed garden suite to fully conform to the municipal by-law, you are provided the option of seeking minor variance approval. If all provisions of the municipal by-law are met no minor variance approval is required and you may proceed to the next step in the building permit application process for the garden suite. Minor Variances for a proposed garden suite are heard by the Committee of Adjustment.

The owner of any land or any person authorized in writing by the owner who is unable to comply with the provisions of the Zoning By-law for the construction of a garden suite may apply to the Committee of Adjustment by means of an "Application for Minor Variance". A Minor Variance provides approval for the proposed garden suite that does not fully comply with the Municipal Zoning By-law. A Minor Variance will not change the Zoning By-law, it merely grants a relief from certain existing provisions/standards of the By-law, where appropriate for the proposed garden suite.

The Planning Act directs that the Committee of Adjustment must be satisfied that an application for a minor variance on four points — that the variance requested maintains the intent and purpose of the Official Plan and Zoning By-law; that it is considered desirable for the appropriate and orderly development or use of the land; and that the variance(s), in the view of the Committee is truly minor in nature. The Committee of Adjustment operates as a quasi-judicial tribunal in accordance with the authorization granted to it under the Planning Act.  The Planning Act directs the Committee with respect to the scope of its authority; the considerations that it must have when making any decision on an application presented to it; and the administrative provisions it must comply with regarding notice of Minor Variance applications and hearing procedure.

A Notice of Hearing Sign for your minor variance application under Section 45(1) or application for permission under Section 45(2) of the Planning Act will be provided by the Secretary-Treasurer of the Committee of Adjustment.

This sign must be posted at least 10 days before the actual Committee of Adjustment meeting date to comply with the requirements of the Planning Act. The sign must be attached to a stake and put in the ground in the boulevard in front of the property so that it is clearly visible from the road.  Once the sign has been posted the municipality must be notified. Failure to comply will result in the application for the minor variance being tabled until the next available Committee of Adjustment meeting and until the sign is posted and the applicant has complied with the requirements of the Planning Act. Remove the sign 21 days after the Committee of Adjustment has made a decision on the application for the minor variance.  Minor Variances may be granted provided that, in the opinion of the Committee of Adjustment, the request is minor in nature, is desirable for the appropriate development or use of the land, and if, in the opinion of the Committee of Adjustment, the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

Relief from the provisions of Zoning By-Laws may be required to permit reduced minimum interior side yard setbacks, increased building height, increased maximum gross floor area, and increased maximum lot coverage to accommodate the construction of a typical garden suite.
Our fee for applying for the required minor variances to construct a garden suite, on behalf of the property owner and attending a committee of adjustment meeting is $875+HST