Legalizing an existing secondary suite in Calgary is becoming more common due to the recent up-zoning and changes in the bylaws affecting both existing and new suites. Legalizing a secondary suite can offer numerous benefits, such generating more income, increasing property value, and aligning with the City's bylaws.
In this article, we'll walk you through the City requirements of legalizing an existing secondary suite while highlighting all the advantages and maybe tossing in a pun or two. You've been warned. But before we dive into the "how to's", let's review the difference between secondary and backyard suites.
SECONDARY SUITE
A self-contained residence within the primary residence; includes two or more rooms, a kitchen, a living area, sleeping quarters, and sanitary facilities. A secondary suite can occupy various levels of the home, such as the basement, main floor, or upper floor.
BACKYARD SUITE
A self-contained residence detached from the primary residence; this includes garage suites, garden suites, and laneway homes.
All suites (backyard or secondary) must contain the following:
• Bedrooms with proper egress windows
• A separate bathroom
• Separate cooking facilities
• An entrance accessible from outside without passing through the main residence. A shared stairwell is acceptable, but each suite must have private access.
• A separate bathroom
• Separate cooking facilities
• An entrance accessible from outside without passing through the main residence. A shared stairwell is acceptable, but each suite must have private access.
Now that's out of the way, let's begin!
THE SUITE ADVANTAGES
Get it? The suite (sweet) advantages? Who doesn't love a good real estate pun? No? Ok, we digress. Moving on...
First, it's important to remember a secondary suite (legal or not) isn't necessarily a simple solution to generate additional income as there are several things to consider and bylaws to follow, BUT the advantages are clear:
1. Renting it out, whether through platforms like Airbnb, VRBO, etc., or via long-term tenants, can generate income, helping cover your mortgage and any additional costs.
2. A secondary suite enhances your property's resale value.
Pro tip: Just because there's an existing suite in a primary residence doesn't automatically guarantee it's legal, so make sure you are 100% certain what you're getting if you're purchasing a home with a suite. Thankfully, Calgary has rules in place to protect buyers and help prevent false advertising, but it's better to be safe than sorry.
Keep reading to learn about the benefits of making a suite legal!
BUT WHY MAKE IT LEGAL?
Legalizing an existing secondary suite enhances its safety, protecting both owners and tenants by preventing hazardous conditions that could lead to injury or loss of life. It will also help it stay on par with the rental competition, which is a really hot market in Calgary right now, and help avoid unnecessary headaches down the road.
To attain legal status, a secondary suite must adhere to all regulations and secure the necessary permits during construction. If modifications are made after the original permits were pulled, the suite must still align with current regulations to maintain its legality, with a few exceptions.
For example, in June 2020, it became required for newly established suites to include a separate heat source, such as a furnace. In this instance, only legal suites built after March 12, 2018, are required to include a separate heat source to align with regulations. Suites built prior to this date can still be granted legal status without a separate heat source.
And we have good news! The process for registering an existing secondary suite as a legal suite has become more streamlined, thanks to approved process amendments. Suite!
Ready to jump into the nitty gritty? Let's go!
LEGAL SECONDARY SUITE REQUIREMENTS
Bedroom Egress Windows
Each bedroom must have at least one window that can be opened from the inside without the use of keys, tools, or special knowledge which can be used to escape during an emergency, such as a fire.
Each bedroom must have at least one window that can be opened from the inside without the use of keys, tools, or special knowledge which can be used to escape during an emergency, such as a fire.
Smoke & Fire Protection
Smoke alarms & carbon monoxide detectors must be in each suite within the primary residence and correctly connected so that when one alarm is activated, the other alarms also sound. Smoke-tight separation, such as drywall, between the primary residence and the secondary suite is also required.
Entrance or Exits
Each suite must provide at least one safe exit that leads directly outside in the event of a fire or emergency, and every exit door must be able to swing inward. There are additional requirements to consider when the only exit for a suite is served by an exterior staircase, where a window or opening is directly above the stairway.
Heating & Ventilation
For existing secondary suites, using a single heating and ventilation system to serve both the primary residence and secondary suite is acceptable under the Alberta Fire Code. However, any new suites (built after March 12, 2018) must include a separate heat source and ventilation system.
Still with us? Whoop! Now that you know what's required when legalizing a secondary suite, we can move on to the full list of potential benefits.
BENEFITS OF LEGALIZING A SECONDARY SUITE
Increased Property Value
A legal and well-maintained secondary suite can increase the overall value of your property. It becomes a selling point for potential buyers or investors looking for properties with additional income potential.
A legal and well-maintained secondary suite can increase the overall value of your property. It becomes a selling point for potential buyers or investors looking for properties with additional income potential.
Rental Income
One of the primary reasons homeowners create secondary suites is to generate rental income. A legalized suite can be marketed more confidently to potential tenants, attracting a more comprehensive range of renters. Additionally, legal suites are often eligible for inclusion in rental assistance programs.
Stable Tenancy
Operating a legal secondary suite can attract more responsible and long-term tenants. Tenants are likelier to choose a suite that complies with regulations, ensuring their safety and security.
Community Housing
Legalizing secondary suites can contribute to addressing the shortage of affordable housing in many cities. By providing additional rental units, you are helping to alleviate some of the pressure on housing availability.
Peace of Mind
Knowing that your secondary suite is fully legal and compliant can provide peace of mind. You won't have to worry about potential legal issues and can confidently market your suite to tenants.
Resale Potential
A legal secondary suite can make your property more attractive to potential future buyers. Investors and homeowners often appreciate the income potential of a legal suite.
OUR FINAL THOUGHTS
Legalizing a secondary suite in Calgary is a strategic move that substantially benefits you as a homeowner and your community. Remember, consulting professionals and engaging with local authorities throughout the process is highly recommended to ensure a smooth and successful journey toward a legalized secondary suite.We know this was a lot of information to absorb in one article, so if you made it this far, you deserve all the gold stars!
Want more information about this article? Are you considering legalizing your existing secondary suite? Here at Urban Upgrade & Newinfills, we are familiar with the City and provincial rules and regulations relating to legal secondary suites. Contact us, and we can assist and put you in contact with trusted developers to ensure that your secondary suite development fully complies with the law and is built with your specific needs and preferences.
