Secondary Suites: Legality

ILLEGAL SUITES

Even though the City of Calgary has a process to legalize Secondary Suites in Calgary, it is still possible to purchase and own an Illegal Secondary Suite. There are still 10 of thousands of them in Calgary.

Items to consider when owning an Illegal Suite:

• When applying for financing you will probably not be able to use this illegal suite rental income for qualifying for the mortgage.
• Banks will still finance a property with an Illegal suite (always disclose the existence of the suite to the lender)
• Insurance companies will still insure an illegal suite (always disclose the existence of the suite to the insurance company)
• The city may come and inspect your Illegal suite. If they find it not to be in compliance with the legal suite bylaws, there could be fines, and or requirements to legalize.
• When purchasing a suite try to find a property that has: Separate heating sources, common mechanical rooms, common or Separate Laundry Rooms, Separate entrances into each unit, power panel in a common space.
• Currently (as of course production) suites are allowed in both R-C1 (R1), and R-C2 (R2) zoned neighbourhoods. In areas zoned R-C2 Secondary suites are a considered a permitted use. While in R-C1 neighbourhood they are considered a discretionary use. This means it is easier to convert your illegal suite to legal if you are in an R-C2 neighbourhood (always check the city land use bylaw) Google "IP2007" for details.

LEGAL SUITES

As mentioned above The City of Calgary now has a process to Legalize a secondary Suite here are some details to consider when owing or Purchasing a Legal suite.

• If the suite is legal the property should meet all current fire codes. (Make sure that the last owner did not undo any of the construction that made the suite legal. i.e.: they cut holes in the ceiling to fix a water leak and now the smoke seal between the two units has been compromised)
• Always check the city suite website to ensure it is listed and legal and view and install the secondary suite sticker on the Unit Entrance Door.  https://secondarysuites.calgary.ca 
• When applying for financing you should be able to use the suite rental income for Qualifying for the mortgage.
• As more and more illegal suites are converted to legal the differential value between Illegal and legal suites will increase, thus increasing the value of your property.
• Even though the suite is legal, check to determine if there are 2 Separate heating sources, 2 Separate or common laundry facilities, extra insulation for noise deadening between the units, and off and on street parking spots. The rules have changed over the years and depending on if the suite was built new or upgraded form an existing suite. Even though they are all legal there can be different amenities in different buildings.
• For a while sprinkler were allowed in the furnace room instead of having to drywall the ceilings for a smoke stop. This rule has recently been revoked as a smoldering fire would not set off the sprinklers.

LEGALIZING A SECONDARY SUITE

Here's a brieft overview of the process:

• If your suite was built BEFORE March 12, 2018, the city considers this an existing suite and there are less rules to comply (partial List)
  • One heating and ventilation system heat source is required.
  • Hard wired Interconnected smoke alarms are mandatory.
  • Egress windows are mandatory.
  • Smoke tight separation between the main residence and suite.

• If your suite was built after March 12, 2018, the city considers this new construction and there are more rules to comply with (partial List)
• Two independent heating and ventilation system heat sources are required.
• Sound proofing materials must be used to minimize noise transfer between units.
• A common electrical panel can serve both suites.
• Smoke tight separation between the main residence and suite.
• Hard wired Interconnected smoke alarms are mandatory.

• Depending upon how big a renovation you want to complete the date that the suite was completed is important, and being able to prove that date is also important. With permits and the types of material used.
• The city will usually come out and inspect the property to tell you want you need to do to legalize the suite.