Nanny suites, in-law suites, and basement apartments are all the same type of place according to the town of Oakville. They define it as a separate unit within an existing residence that has a separate kitchen, full bathroom, and entrance.
For the most part they are completely illegal. Even if family members are living in the unit and not paying rent, the town of Oakville still considers them illegal.
These units are located all over Oakville, but for the most part the town ignores them unless the neighbors start complaining. Once the town is notified, they send out an inspector who will issue the homeowner a notice that the property must revert to a single-family dwelling or face heavy fines. And yes, there is a time period for the homeowner to comply.
If the owner is living on the property, and has signed a lease with the renters, then the homeowner must uphold the terms of the lease. It is then the homeowner who will be looking for another home to live in until the lease runs out.
Some are already legal
However, there are some units that are legal. They were grandfathered in as of November 16, 1995. A little history, the Ontario New Democrats instituted a law, which stopped municipal by-laws that restricted secondary apartments. When Mike Harris came in, the conservative government revoked the law, but had to grandfather in the existing apartments. Currently, the Ontario Liberals are planning to pass Bill-140, which would again revoke municipalities’ ability to restrict property owners from creating secondary apartments. The Ontario safety code would still apply.
So, how do you find out if your secondary apartment is legal? There are a total of 226 open applications for accessory apartments according to the town. Not all of these applications have been approved. Well, you can go to the town’s planning department and ask, which does not mean that your property will be flagged by the zoning department. You can request the status of your neighborhood. There are three locations in the town were secondary apartments are legal. Though, Oakville’s zoning for compliance for secondary apartments virtually eliminates that option.
Other options
Oak Park is one location where secondary apartments are legal. However, the apartment must have a separate parking space and fully separate outside entrance. Oak-Park has no additional parking spaces for secondary apartments. The only properties that have a separate entrance are the coach houses (very few of those).
There is one option left, and it is worth exploring. If your property was used or was set up to be used as a secondary apartment on November 16, 1995, and then your property’s secondary apartment is legal. You will have to comply with all the same rules outlined in the Residential Tenancies Act (Ontario). You will need proof. It likely wouldn’t hurt to speak to your lawyer.
Finally, Ontario Bill-140 which went into affect in April 2011, is meant to provide an opportunity for home owners to apply for secondary apartments. The town is still trying to figure out exactly what that will mean for the current by-law restrictions. So it might not be that long before Oakville by-laws may be overturned.
Tags: Basement Apartments, in-law suites, Nanny Suites, Secondary Apartments
About the author: Nolan Machan
Nolan Machan is a dedicated Oakville residential realtor, who has a healthy roster of happy buyers and sellers. He is passionate about meeting the needs of his clients using his depth of Oakville knowledge, and years of marketing and negotiating skill.
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Nolan,
First, I think you mean Mike Harris not Jim Harris.
I read the rules about secondary apartments in Oakville some years ago. The rules do have a loophole in that if a house has more than 1800 square feet (not including basement) and was built prior a specific year (guess 1985) then an apartment could be created.
There is no “Ontario Tenancy Act”. There is a Residential Tenancies Act that replaced the Landlord and Tenant Act.
Other than the right to collect rent, a landlord has no rights of any kind. Tribunals to mediate disputes strongly favour tenants. First they get free legal counsel paid for by the taxpayers. Tenants can introduce any subject. A landlord is very limited. Even when a tenant has been legally evicted, a tenant can sue a landlord for disposing of their possessions left behind.
The landlord is the one with all the rights. If a tenant complains, even a legitimate complaint, it can be held against them and they lease may not be renewed. Then try to find a new apartment or place to rent, you need a reference. If your previous landlord thought you were a “trouble-maker” because you inquired about a legitimate complatin, good luck trying to find a new home. Thanks to Harris tennants have even less rights than before and since then it hasn’t changed much. Good luck finding a safe and reasonably priced place to rent in Oakville anyway.
Hi,
Peggy is correct the correct name for the current act is the Residential Tenancy Act, and it was Mike Harris not Jim. Jim Harris was the leader of the Federal Green Party of Canada. Those facts have been reported to the publisher, and will be changed in the article.
Sincerely,
Nolan Machan
I have been reading your articles on basement suites and the “requirements” to have one – except for Oak Park. Has the Tenancy Act changed since May?
Please write back as soon as you can as the information would be valuable for an issue that I am currently facing.
Hi Lesia,
You are best off speaking to a lawyer to determine your legal rights to build a secondary apartment in Oakville. There are several excellent Oakville Real Estate Lawyers – Vince Rinaldi & Robert Cross, just to name a couple.
If you require further assistance, please contact me. I’m hear to help.
Take care,
Nolan Machan
Lesla: The Province legalized “second suites” in April 2011. Bill 140.
can you please tell me if the province has legalized basements
as of feb 2012. does anyone know the complete step in doing so
In 2010, the Province of Ontario introduced Bill 140: Strong Communities through Affordable Housing Act, 201. Bill 140 amended various sections of the Planning Act requiring municipalities to implement official plan policies and zoning by-law provisions that allow basement apartments (second units) in detached, semi-detached and townhouses, or as accessory units. The changes to the Planning Act came into effect on January 1st, 2012, however the Province has not specified a deadline by which municipalities are required to bring their respective planning documents into conformity with Bill 140.
The City of Brampton has initiated a policy review to implement policies in the Official Plan and performance standards in the Zoning By-law. For further information on the planning process, please visit the Planning & Development page.
Thank you so much for that update.