I was reading a topic on non-conforming suites here on MyReinSpace, but it relates to Calgary. (See below)
Are there similar guidelines regarding non-conforming vs. illegal vs. legal suites in Edmonton?
I have a house from the 50`s on an RF1 lot with a suite - I`m not sure if the suite is original or done after the fact. If i`m intrepreting Garth`s post correctly, assuming Edmonton`s rules are the same and the suite was built before the 70`s, it would be a non-conforming suite. If it is non-conforming can it still be `shut down` by the City?
When doing my due diligence at purchase, the people i spoke to said that the City has not enforced heavily and while there is a risk of having the suite shut down, it`s still feasible to have this kind of suite. Was this bad advice to make my decision with?
Thanks,
Matt
Hi John,
Here is the info on Secondary Suites as provided by the City of Calgary. It is pretty comprehensive, and should answer your question, but feel free to call me at 403-891-2204 if I can help further.
LEGAL, ILLEGAL AND NON-CONFORMING SUITES
The following information is supplied to appellants, applicants and owners and is
intended as general information only. It is based on the City of Calgary Land Use Bylaw
(2P80) and the Municipal Government Act which should be consulted for specific rules
and definitions regarding legal, illegal and non-conforming suites. This information has
been simplified and should not be interpreted as conclusive or comprehensive as each
property and situation is unique.
There are three different categories of suites. They are:
LEGAL
These suites were constructed with proper permits and met all the rules at the time they
were constructed. These suites still meet the present day rules as set out by the Land
Use Bylaw 2P80. They may also have been approved via a Development Permit
allowing relaxations of the Bylaw rules.
ILLEGAL
These suites were built illegally without all the required permits and/or did not meet the
Bylaw rules. These suites are often referred to as mother-in-law suites. This type of
suite is illegal.
NON-CONFORMING
This type of suite was built legally at the time of construction. However, they do not
meet the present day rules of the Land Use Bylaw. Non-conforming suites are usually
the result of the land use (zoning) being changed or the rules of the governing Bylaw
being changed. Suites such as these are often referred to as "legal" non-conforming
because they are considered to be legal despite not meeting the rules of the Bylaw.
Non-conforming status may be lost if a building is renovated, destroyed or damaged to
more than 75% of its value or if the use is discontinued for more than 6 months (i.e. the
suite is not occupied).
The bylaws, rules and definitions controlling private property have changed over the
years. The following three categories identify the changes in a simple way. This is
also the criterion that Development Inspection Services utilizes when inspecting
complaints of illegal dwelling units
Prior to 1970: The courts have determined that anything constructed or in use prior to
1970 is considered to be non-conforming.
1970 to 1983: The bylaws in effect at that time stated that cooking facilities (such as a
stove, 220 volt wiring, hot plate, microwave oven or toaster oven) were not allowed in a
basement suite.
1983 to Present: The current Land Use Bylaw states that a kitchen (cooking facilities
as above but also including sinks, lower cabinets and counter tops) is not allowed in a
basement suite.
There are other methods of determining the age of a suite including contacting previous
owners; interviewing neighbours; judging the age of fixtures, mouldings, cabinets, wiring
etc.
The City of Calgary responds to complaints about illegal suites and inspects properties
to establish if there is a violation of the Land Use Bylaw. Development Inspectors,
through field investigations, determine the date of construction and apply the rules as
listed above. If a violation is found, the property owners are required to remove either
the full kitchen or just the cooking facilities (i.e. stove, microwave, 220-volt wiring). If the
owners fail to comply, legal action may be taken.
The City of Calgary will not inspect properties for the benefit of lawyers, realtors, or
perspective buyers to determine the legal status of a suite, nor will the City provide a
"letter of comfort" for this purpose.
A common misunderstanding occurs with properties designated R-2. In order for two
suites to exist within the same structure, the R-2 rules state that the property must have
a minimum 15 metre frontage AND a minimum 466 square metres of lot area. The
property must also have an approved and released Development Permit allowing for a
second dwelling unit.
Should you require further information concerning this subject or other matters related
to planning or the Land Use Bylaw, please contact the Development and Building
Approvals call centre at 268-5351 (Monday to Friday, 8:00 am to 4:15 pm).
--------------------
Garth
Are there similar guidelines regarding non-conforming vs. illegal vs. legal suites in Edmonton?
I have a house from the 50`s on an RF1 lot with a suite - I`m not sure if the suite is original or done after the fact. If i`m intrepreting Garth`s post correctly, assuming Edmonton`s rules are the same and the suite was built before the 70`s, it would be a non-conforming suite. If it is non-conforming can it still be `shut down` by the City?
When doing my due diligence at purchase, the people i spoke to said that the City has not enforced heavily and while there is a risk of having the suite shut down, it`s still feasible to have this kind of suite. Was this bad advice to make my decision with?
Thanks,
Matt
Hi John,
Here is the info on Secondary Suites as provided by the City of Calgary. It is pretty comprehensive, and should answer your question, but feel free to call me at 403-891-2204 if I can help further.
LEGAL, ILLEGAL AND NON-CONFORMING SUITES
The following information is supplied to appellants, applicants and owners and is
intended as general information only. It is based on the City of Calgary Land Use Bylaw
(2P80) and the Municipal Government Act which should be consulted for specific rules
and definitions regarding legal, illegal and non-conforming suites. This information has
been simplified and should not be interpreted as conclusive or comprehensive as each
property and situation is unique.
There are three different categories of suites. They are:
LEGAL
These suites were constructed with proper permits and met all the rules at the time they
were constructed. These suites still meet the present day rules as set out by the Land
Use Bylaw 2P80. They may also have been approved via a Development Permit
allowing relaxations of the Bylaw rules.
ILLEGAL
These suites were built illegally without all the required permits and/or did not meet the
Bylaw rules. These suites are often referred to as mother-in-law suites. This type of
suite is illegal.
NON-CONFORMING
This type of suite was built legally at the time of construction. However, they do not
meet the present day rules of the Land Use Bylaw. Non-conforming suites are usually
the result of the land use (zoning) being changed or the rules of the governing Bylaw
being changed. Suites such as these are often referred to as "legal" non-conforming
because they are considered to be legal despite not meeting the rules of the Bylaw.
Non-conforming status may be lost if a building is renovated, destroyed or damaged to
more than 75% of its value or if the use is discontinued for more than 6 months (i.e. the
suite is not occupied).
The bylaws, rules and definitions controlling private property have changed over the
years. The following three categories identify the changes in a simple way. This is
also the criterion that Development Inspection Services utilizes when inspecting
complaints of illegal dwelling units
Prior to 1970: The courts have determined that anything constructed or in use prior to
1970 is considered to be non-conforming.
1970 to 1983: The bylaws in effect at that time stated that cooking facilities (such as a
stove, 220 volt wiring, hot plate, microwave oven or toaster oven) were not allowed in a
basement suite.
1983 to Present: The current Land Use Bylaw states that a kitchen (cooking facilities
as above but also including sinks, lower cabinets and counter tops) is not allowed in a
basement suite.
There are other methods of determining the age of a suite including contacting previous
owners; interviewing neighbours; judging the age of fixtures, mouldings, cabinets, wiring
etc.
The City of Calgary responds to complaints about illegal suites and inspects properties
to establish if there is a violation of the Land Use Bylaw. Development Inspectors,
through field investigations, determine the date of construction and apply the rules as
listed above. If a violation is found, the property owners are required to remove either
the full kitchen or just the cooking facilities (i.e. stove, microwave, 220-volt wiring). If the
owners fail to comply, legal action may be taken.
The City of Calgary will not inspect properties for the benefit of lawyers, realtors, or
perspective buyers to determine the legal status of a suite, nor will the City provide a
"letter of comfort" for this purpose.
A common misunderstanding occurs with properties designated R-2. In order for two
suites to exist within the same structure, the R-2 rules state that the property must have
a minimum 15 metre frontage AND a minimum 466 square metres of lot area. The
property must also have an approved and released Development Permit allowing for a
second dwelling unit.
Should you require further information concerning this subject or other matters related
to planning or the Land Use Bylaw, please contact the Development and Building
Approvals call centre at 268-5351 (Monday to Friday, 8:00 am to 4:15 pm).
--------------------
Garth