Legalizing Your Secondary Suite

Navigating the process of legalizing a secondary suite in Calgary can be a daunting task for homeowners. However, recent changes to the City of Calgary's Land Use Bylaw, coupled with the extension of the Secondary Suite Amnesty Program, have made this endeavor more accessible and cost-effective. These changes, implemented in 2021, have streamlined the approval process, eliminating the previous discretionary review requirement and reducing the complexity and cost associated.

Legalizing a secondary suite not only protects homeowners' investments from potential enforcement actions but also ensures compliance with city bylaws, safeguarding insurance coverage and mitigating legal liabilities associated with non-compliant suites. This process is essential for homeowners who either have existing suites or are considering constructing one, providing safe and habitable living spaces for tenants or occupants while improving property value.

Below are some of the key points and considerations when beginning the process of legalizing a suite. 

Requirements for a legal suite

All suites must have:

1. Bedrooms with Proper Egress Windows: Each bedroom must have a window that allows for safe exit in case of emergencies.

2. Separate Bathroom: The suite must have a dedicated bathroom with functioning plumbing fixtures.

3. Separate Cooking Facilities: A kitchen or cooking area with appropriate ventilation and utilities is required.

4. Separate Entry: The suite must have a separate entrance accessible from outside without passing through the main dwelling unit. While a shared stairwell is acceptable, each unit must have a private entrance.

If you have a secondary suite that was built prior to March 12, 2018, and have the above requirements, then you may qualify for the Secondary Suites Amnesty Program, which offers reduced costs and simplified procedures for bringing these suites into compliance with building codes and regulations. It aims to increase the number of safe and legal secondary suites available for rent, and has since been extended until December 2026. 

In addition to these requirements, the suite must comply with building codes, safety standards, and health regulations to ensure habitability and safety for occupants. 

1. Smoke-Tight Separation: Install smoke-tight barriers between the main residence and the suite using specific drywall thickness and sealing methods.

2. Smoke and Carbon Monoxide Alarms: Mandatory installation of interconnected smoke and carbon monoxide alarms in designated areas of both the primary dwelling and the secondary suite.

3. Emergency Exits: Ensure safe exit routes, especially for suites with exterior staircases, by installing protective measures like glass block or constructing a roof over the staircase.

4. Additional Requirements: Provide essential amenities such as hot water, kitchen sink, toilet, and bathing facilities, along with back-flow prevention devices on sanitary sewer lines. 

It is essential to note that Calgary's Land Use Bylaw prohibits having both secondary and backyard suites on the same parcel of land, requiring homeowners to choose one option based on their preferences and budget constraints.

Permits, Applications and Inspections

To legalize an existing secondary suite in Calgary, you'll need a building permit if it includes a bathroom and cooking facilities or has a private entrance accessible from outside, built before March 12, 2018, or to convert a basement without cooking facilities. Additional permits may be required based on Land Use Bylaw compliance, with planning approval needed if the suite is discretionary in the district or doesn't meet specifications. For more information on required permits for your suite, please view Calgary.ca’s website. 

In Addition to permits, two inspections are required. These inspections ensure that the construction meets safety and building code requirements:

1) Framing (rough-in) inspection requirements

• Install and complete any structural changes.
• Install and complete all the wall and ceiling framing.
• Install proposed windows and exterior doors.
• Install and complete any HVAC changes.
• Rough in, install and complete all plumbing and electrical components that are required under associated permits.
• Have requested documentation on site.
• Do not install insulation, vapour barrier or drywall over any work that requires inspection prior to concealing.

2) Final inspection requirement

The construction should be completed, and the suite should be ready for occupancy.

"Suite owners must provide all bedrooms with a window exit, interconnected smoke and carbon monoxide alarms, a protected exit route from the basement to outside, drywall barriers between suites and drywall barriers in the mechanical room to meet the safety code requirements," said a release by the city.

Tips for a Smooth Application Process

Before applying for permits, homeowners should ensure they have all the necessary documentation and adhere to the checklist provided by the City of Calgary. Promptly responding to any requests for additional information can expedite the process.

Closing