A great way to earn additional income is to rent out your basement. However, before that can happen, you will need to ensure that the space is compliant with city regulations and building codes.

In this article, we will discuss what makes a basement apartment legal in Ontario and, specifically, Ottawa, outlining different regulations that will need to be followed and the permits that are required. We will also provide you with examples of common code violations to help you avoid them as you move forward with the process of having a legal basement.

Key Takeaways

Check if zoning laws in your area allow for legal basements
Ensure that your basement complies with building code requirements and city regulations, particularly in relation to ceiling height, egress windows, fire safety, insulation, and ventilation
Obtain the required permits including a building permit, occupancy permit, and rental license
Avoid common code violations like neglecting fire safety and overlooking waterproofing

City of Ottawa Regulations

Zoning laws in Ottawa dictate where it is permissible to have a legal rental unit. Before moving forward with renting out your basement, it is important to first confirm if the zone where your property resides is allowed to have a secondary suite. This can be done by contacting Ottawa’s zoning office or looking up the city’s zoning map online.

Your legal basement must also comply with the Ontario Buildi n g Code along with other requirements specific to Ottawa. These requirements include:

Ceiling Height

Your ceiling must be at least 6 feet 5 inches.

Egress Windows

The basement must have an egress window that is large enough for tenants to escape through in case of an emergency.

Fire Safety

The space must have smoke alarms and carbon monoxide detectors, as well as emergency exits.

Insulation and Ventilation

Proper insulation and ventilation are needed to meet health and safety standards.

Plumbing and Electrical

Plumbing and electrical systems need to be up-to-date and correctly functioning.

Waterproofing

There needs to be proper moisture control to prevent mold growth.

Permit Application Process

permits for a legal basement apartment in Ottawa

There are three types of permits you will need to obtain for a legal basement apartment in Ottawa:

Building Permit — If you are constructing a new basement or doing major renovations, a building permit is required.
Occupancy Permit — This shows that your basement is safe for people to live in and meets residential standards.
Rental License — A rental license is not mandatory for all types of rentals, so it is recommended to check municipal guidelines to see if you need one or not.

Applying for permits in Ottawa is now done through the online portal My Service Ottawa. After submitting your application, you will need to pay a fee, which, for a building permit, is calculated based on the scope of construction. Once your application is reviewed and approved, the permit will be issued to you and made available through the portal.

If you are doing renovations, inspections will need to take place at every stage of construction. Once renovations are complete, a final inspection occurs in which your occupancy permit will be issued to you if everything meets building code regulations and city health and safety standards.

Additionally, there are certificates that you as a landlord need that will verify the basement’s legal status as a rental unit, and are documents your tenants may ask for to have proof of that. These certificates are:

ESA Certificate — This shows that your electrical systems comply with safety standards and meet the approval of the Electrical Safety Authority.
Fire Certificate — This shows that the basement meets all fire safety requirements and is approved by the Fire Authority.
Certificate of Compliance — This proves your registration of the basement as a rental unit and that the space is in compliance with city regulations.

Common Code Violations to Avoid

There are some common mistakes that many people make with their legal basements, which ultimately result in code violations, meaning that the basement will not be allowed to be rented out to tenants. These mistakes to avoid include:

Skipping Permits or Inspections

Arguably, one of the biggest mistakes you can make is not obtaining the proper permits or having the basement inspected. This could result in fines, the need to undo or redo construction work, and other potential legal issues.

Ignoring the Ceiling Height Requirement

If the ceiling height of your basement does not meet the minimum requirement of 6 feet 5 inches, then you are in violation of the Ontario Building Code. Make sure to measure your ceiling height before starting renovations as excavation might be needed to meet this requirement.

Neglecting Fire Safety

A crucial aspect of fire safety is having an emergency exit. While most people remember to put in smoke alarms and carbon monoxide detectors, emergency exits such as egress windows are often forgotten. It is also extremely important to make sure that egress windows are large enough for people to fit through.

Insulation and Ventilation

Proper insulation and ventilation are needed to meet health and safety standards.

Overlooking Waterproofing

Because basements are prone to moisture and mold growth, failing to properly waterproof the space is a costly mistake, one that will also violate health and safety standards.

Improper Plumbing and Electrical

Installing plumbing and electrical systems incorrectly is unsafe and can also result in non-compliance with building codes. Make sure to hire professionals who can properly install these systems and avoid any DIY work at all costs unless you have the required experience.

Poor Ventilation

The importance of good ventilation is often overlooked when planning for a legal rental unit. Without proper airflow, air quality in your basement can be diminished, so keep this in mind.

Final Thoughts

Overall, it is important to make sure that your space meets all legal basement requirements in Ontario before you start renting it out. This includes aspects such as ceiling height, egress windows, fire safety, ventilation, waterproofing, and plumbing and electrical, as well as obtaining the proper permits.
At Capital Basement Renovation, our expert team of professionals can help you renovate your basement, turning it into a legal unit that can be rented. Contact us today for more information and to receive a free quote of our services!