"Cash cow or legal headache?" Background: For many years the legal status of basement apartments, flats and other accessory residential units which have been added to houses has been unclear. Many municipalities passed zoning by-laws prohibiting these types of apartments in houses. Nevertheless, many thousands of basement apartments and other accessory rental units were constructed. Although the exact number is unknown, it is estimated that as many as 100,000 illegal units were in use across the province in 1993. In 1994 the N.D.P. government proclaimed Bill 120 the Residents Rights Act. This Bill permitted second units in houses, regardless of Municipal Zoning, provided that Health and Fire safety standards were met. The Ontario Fire Marshal's Office proclaimed Ontario Regulation 385/94 in July of this same year. (retrofit section dealing with Two Unit Residential Occupancies). These two pieces of legislation both mandated the permissibility of, and the safety requirements for Basement Apartments in Ontario. On November 26, 1995 the new Conservative government introduced Bill 20 restoring back to municipalities the right to outlaw Basement Apartments. This in effect drove these second units back underground. Owners feared prosecution from not only safety authorities, but also local zoning regulations. Units built prior to November 16, 1995 are grandfathered: If the unit existed prior to this date (November 16 1995) it was grandfathered, provided it met health and fire standards. The onus is on the owner to prove that this is in fact the case and can be accomplished through the production of rent receipts, presence of tenants on voters list or in some cases the signing of an affidavit for the municipality. Toronto's Second Suites By-law On July 6, 2000, the City of Toronto's new "second suites bylaw (493-2000)" came into effect. This bylaw permits second suites in all single-detached and semi-detached houses throughout the City of Toronto, with certain conditions. Some of the conditions include: • the second suite must be self-contained with its own kitchen and bathroom; • the house, including any additions, must be at least five years old; • the floor area of the second suite must be smaller than the remaining part of the house; • in most cases, a home with a second suite must have at least two parking spaces; • all existing second suites must comply with the Ontario Fire Code, zoning and property standards For more information see The FACTS about Second Suites Click on "legislation and reforms" then "second suites Toronto" This link will take you away from our site. Use your "Back" button on your browser to return to this web site. "Caution" Before You Purchase .... For prospective purchasers of these properties, once the legality of the apartment has been established, then it must be insured that it meets health and fire standards. This can be established by the production of a "Letter of Compliance" from the local Fire Department or the municipality. If this inspection has never been done, or was done a great length of time ago, you may wish to have an Independent Fire Code Inspector report on the conditions to-day. Retrofit legislation calls for the maintenance of the fire safety measures originally built into these two family units. If proper compliance is not indicated at this time you may wish to negotiate with the vendor to perform these upgrades prior to closing, or you may wish to adjust the price accordingly and do the work yourself. Ontario Fire Code Information Owners of houses containing two self-contained residential units (dwelling units) are now required to bring their buildings into compliance with the new fire safety regulation adopted under the Ontario Fire Code. Tenants in these buildings are entitled to ask their landlords to make sure that the fire regulations are met. Some of these Regulations are summarized below. 1.0 What is a Dwelling Unit ? A dwelling unit is a room or suite of rooms operated as a self-contained housekeeping unit that includes independent cooking, eating, living, sleeping and bathroom facilities. 2.0 Buildings Covered by the New Fire Code Regulation ? The regulation applies to detached houses, and semi-detached houses, and row houses that contain two existing dwelling units. The two dwelling units may be located anywhere in the house. 3.0 What are the Requirements ? In general, the regulation contained in the Ontario Fire Code addresses four fire safety issues: 3.1 Fire separation The owner has three options for compliance with the fire separation for each dwelling unit 3.2 Means of Escape. Four options are provided for compliance with the means of escape from each dwelling unit. 3.3 Smoke Alarms Depending on the option selected for fire separation and means of escape, it may be necessary to install electrically wired, interconnected smoke alarms throughout the house. Interconnected smoke alarms are designed to sound simultaneously when any one smoke alarm is activated, providing early warning to all occupants of the house at the same time. Where interconnected smoke alarms are not installed, every dwelling unit must be equipped with a battery operated or electrically wired smoke alarm on every floor level that contains a bedroom or sleeping area. All smoke alarms must be maintained in working condition, and they must be audible in the bedrooms when the bedroom door is closed. 3.4 Electrical Safety The owner must also arrange for the house to be inspected by "the Electrical Safety Authority" and to correct all fire safety hazards identified through this inspection. 4.0 Who is Responsible With Complying With the Regulation ? The owner is responsible for complying with the provisions of the Ontario Fire Code. Penalties for non-compliance can be up to $50,000 fines and up to one year in prison for individuals. Owners should be aware that bringing existing houses into compliance with the new regulation may require repairs or alterations for which a building permit is needed under the Building Code Act. How Do I Bring My House Into Compliance? • The owner can carry out the initial assessment to determine what upgrading may be required. • An Independent Fire Code Consultant can assist you with an assessment and advise you on the best means of attaining compliance. • The Municipal Building and Fire Departments should be contacted, once this initial assessment is done, to obtain the necessary permits and arrange for required inspection where appropriate. Added Income For You.... In closing, a basement apartment might be just what you need to provide the added income to make your dream purchase affordable, but beware of the pitfalls and remember that you as a purchaser assume all the liability of a home that doesn't comply, regardless of when you bought it. And: "How about carbon monoxide alarms?" 'Additional Expense' or 'Value Added' selling feature? html/>--
"Cash cow or legal headache?" Background: For many years the legal status of basement apartments, flats and other accessory residential units which have been added to houses has been unclear. Many municipalities passed zoning by-laws prohibiting these types of apartments in houses. Nevertheless, many thousands of basement apartments and other accessory rental units were constructed. Although the exact number is unknown, it is estimated that as many as 100,000 illegal units were in use across the province in 1993. In 1994 the N.D.P. government proclaimed Bill 120 the Residents Rights Act. This Bill permitted second units in houses, regardless of Municipal Zoning, provided that Health and Fire safety standards were met. The Ontario Fire Marshal's Office proclaimed Ontario Regulation 385/94 in July of this same year. (retrofit section dealing with Two Unit Residential Occupancies). These two pieces of legislation both mandated the permissibility of, and the safety requirements for Basement Apartments in Ontario. On November 26, 1995 the new Conservative government introduced Bill 20 restoring back to municipalities the right to outlaw Basement Apartments. This in effect drove these second units back underground. Owners feared prosecution from not only safety authorities, but also local zoning regulations. Units built prior to November 16, 1995 are grandfathered: If the unit existed prior to this date (November 16 1995) it was grandfathered, provided it met health and fire standards. The onus is on the owner to prove that this is in fact the case and can be accomplished through the production of rent receipts, presence of tenants on voters list or in some cases the signing of an affidavit for the municipality. Toronto's Second Suites By-law On July 6, 2000, the City of Toronto's new "second suites bylaw (493-2000)" came into effect. This bylaw permits second suites in all single-detached and semi-detached houses throughout the City of Toronto, with certain conditions. Some of the conditions include: • the second suite must be self-contained with its own kitchen and bathroom; • the house, including any additions, must be at least five years old; • the floor area of the second suite must be smaller than the remaining part of the house; • in most cases, a home with a second suite must have at least two parking spaces; • all existing second suites must comply with the Ontario Fire Code, zoning and property standards For more information see The FACTS about Second Suites Click on "legislation and reforms" then "second suites Toronto" This link will take you away from our site. Use your "Back" button on your browser to return to this web site. "Caution" Before You Purchase .... For prospective purchasers of these properties, once the legality of the apartment has been established, then it must be insured that it meets health and fire standards. This can be established by the production of a "Letter of Compliance" from the local Fire Department or the municipality. If this inspection has never been done, or was done a great length of time ago, you may wish to have an Independent Fire Code Inspector report on the conditions to-day. Retrofit legislation calls for the maintenance of the fire safety measures originally built into these two family units. If proper compliance is not indicated at this time you may wish to negotiate with the vendor to perform these upgrades prior to closing, or you may wish to adjust the price accordingly and do the work yourself. Ontario Fire Code Information Owners of houses containing two self-contained residential units (dwelling units) are now required to bring their buildings into compliance with the new fire safety regulation adopted under the Ontario Fire Code. Tenants in these buildings are entitled to ask their landlords to make sure that the fire regulations are met. Some of these Regulations are summarized below. 1.0 What is a Dwelling Unit ? A dwelling unit is a room or suite of rooms operated as a self-contained housekeeping unit that includes independent cooking, eating, living, sleeping and bathroom facilities. 2.0 Buildings Covered by the New Fire Code Regulation ? The regulation applies to detached houses, and semi-detached houses, and row houses that contain two existing dwelling units. The two dwelling units may be located anywhere in the house. 3.0 What are the Requirements ? In general, the regulation contained in the Ontario Fire Code addresses four fire safety issues: 3.1 Fire separation The owner has three options for compliance with the fire separation for each dwelling unit 3.2 Means of Escape. Four options are provided for compliance with the means of escape from each dwelling unit. 3.3 Smoke Alarms Depending on the option selected for fire separation and means of escape, it may be necessary to install electrically wired, interconnected smoke alarms throughout the house. Interconnected smoke alarms are designed to sound simultaneously when any one smoke alarm is activated, providing early warning to all occupants of the house at the same time. Where interconnected smoke alarms are not installed, every dwelling unit must be equipped with a battery operated or electrically wired smoke alarm on every floor level that contains a bedroom or sleeping area. All smoke alarms must be maintained in working condition, and they must be audible in the bedrooms when the bedroom door is closed. 3.4 Electrical Safety The owner must also arrange for the house to be inspected by "the Electrical Safety Authority" and to correct all fire safety hazards identified through this inspection. 4.0 Who is Responsible With Complying With the Regulation ? The owner is responsible for complying with the provisions of the Ontario Fire Code. Penalties for non-compliance can be up to $50,000 fines and up to one year in prison for individuals. Owners should be aware that bringing existing houses into compliance with the new regulation may require repairs or alterations for which a building permit is needed under the Building Code Act. How Do I Bring My House Into Compliance? • The owner can carry out the initial assessment to determine what upgrading may be required. • An Independent Fire Code Consultant can assist you with an assessment and advise you on the best means of attaining compliance. • The Municipal Building and Fire Departments should be contacted, once this initial assessment is done, to obtain the necessary permits and arrange for required inspection where appropriate. Added Income For You.... In closing, a basement apartment might be just what you need to provide the added income to make your dream purchase affordable, but beware of the pitfalls and remember that you as a purchaser assume all the liability of a home that doesn't comply, regardless of when you bought it. And: "How about carbon monoxide alarms?" 'Additional Expense' or 'Value Added' selling feature? html/>
But majority of renovators intend to use the tax creditTORONTO, Oct. 21 /CNW/ - A healthy majority (67 per cent) of Ontario homeowners are planning renovations over the next two years, but that number has decreased slightly from 71 per cent last year, according to a new RBC survey.More Ontarians say they have completed renovation projects this year (62 per cent) compared with 2008. In fact, 63 per cent of renovators in Ontario plan to take advantage of the federal government's home renovation tax credit this year and half (50 per cent) of those who are utilizing the credit have renovated more due to the tax break, according to the RBC study."The renovation tax credit may have spurred more Ontarians to renovate this year and could be part of the reason for this cool-down in renovation intentions," said Doug Crowe, vice-president, Mortgages, Greater Toronto Area, RBC. "However, with 67 per cent planning home improvements, we're still going to see a lot of renovation activity in the province."According to the RBC survey, conducted by Ipsos Reid, Ontario homeowners expect to spend an average of $12,428 on their home improvements. Of those who plan to finance their renovations, 35 per cent of Ontario homeowners will be using a line of credit, 24 per cent will rely on their credit cards and 18 per cent will add-on to or refinance their mortgage to cover the cost.Among homeowners who have completed renovation projects in the last two years, the poll found that 71 per cent of respondents in Ontario had a budget for their renovations with 54 per cent going over budget by an average of 25 per cent, the highest in the country."Renovating can quickly become expensive with unexpected costs and unrealistic expectations breaking your budget," added Crowe. "By planning ahead with the proper financing options and budget, you can save yourself a lot of headaches later on."Bathroom and kitchen renovations lead the way as the most popular planned renovation projects in Ontario (38 per cent and 36 per cent, respectively). Among home improvement projects, 50 per cent said they intend to paint and 34 per cent said new floors were on the agenda. Compared with other regions, Ontario homeowners planning to renovate are most likely to enlist the help of a contractor to work on their renovation (40 per cent) while 22 per cent will rely on family and 14 per cent on friends.Eco-friendly renovationThree-quarters of Ontario homeowners (74 per cent) would choose an environmentally-friendly approach if it would save money in the long run, even if it costs more now. The majority (68 per cent) believe that 'green' improvements would increase the value of their home, down from 78 per cent in 2008. Renovation Intentions Among Regions Average Spend B.C. 65% $10129 Alberta 64% $12374 Sask/Man 73% $15133 Ontario 67% $12428 Quebec 65% $ 7734 Atlantic Canada 72% $12586 These are some of the findings of an RBC poll conducted by Ipsos Reid between September 8-16, 2009. The online survey is based on a randomly selected representative sample of 3,120 adult Canadian homeowners including 1,192 Ontario residents. With a representative sample of this size, the results are considered accurate to within +/- 2.8 percentage points, 19 times out of 20, of what they would have been had the entire Ontario adult population been polled. The sample's composition reflects that of the actual Canadian population according to Census data.
TORONTO, Oct. 21 /CNW/ - A healthy majority (67 per cent) of Ontario homeowners are planning renovations over the next two years, but that number has decreased slightly from 71 per cent last year, according to a new RBC survey.
More Ontarians say they have completed renovation projects this year (62 per cent) compared with 2008. In fact, 63 per cent of renovators in Ontario plan to take advantage of the federal government's home renovation tax credit this year and half (50 per cent) of those who are utilizing the credit have renovated more due to the tax break, according to the RBC study.
"The renovation tax credit may have spurred more Ontarians to renovate this year and could be part of the reason for this cool-down in renovation intentions," said Doug Crowe, vice-president, Mortgages, Greater Toronto Area, RBC. "However, with 67 per cent planning home improvements, we're still going to see a lot of renovation activity in the province."
According to the RBC survey, conducted by Ipsos Reid, Ontario homeowners expect to spend an average of $12,428 on their home improvements. Of those who plan to finance their renovations, 35 per cent of Ontario homeowners will be using a line of credit, 24 per cent will rely on their credit cards and 18 per cent will add-on to or refinance their mortgage to cover the cost.
Among homeowners who have completed renovation projects in the last two years, the poll found that 71 per cent of respondents in Ontario had a budget for their renovations with 54 per cent going over budget by an average of 25 per cent, the highest in the country.
"Renovating can quickly become expensive with unexpected costs and unrealistic expectations breaking your budget," added Crowe. "By planning ahead with the proper financing options and budget, you can save yourself a lot of headaches later on."
Bathroom and kitchen renovations lead the way as the most popular planned renovation projects in Ontario (38 per cent and 36 per cent, respectively). Among home improvement projects, 50 per cent said they intend to paint and 34 per cent said new floors were on the agenda. Compared with other regions, Ontario homeowners planning to renovate are most likely to enlist the help of a contractor to work on their renovation (40 per cent) while 22 per cent will rely on family and 14 per cent on friends.
Eco-friendly renovation
Three-quarters of Ontario homeowners (74 per cent) would choose an environmentally-friendly approach if it would save money in the long run, even if it costs more now. The majority (68 per cent) believe that 'green' improvements would increase the value of their home, down from 78 per cent in 2008.
Renovation Intentions Among Regions Average Spend B.C. 65% $10129 Alberta 64% $12374 Sask/Man 73% $15133 Ontario 67% $12428 Quebec 65% $ 7734 Atlantic Canada 72% $12586
These are some of the findings of an RBC poll conducted by Ipsos Reid between September 8-16, 2009. The online survey is based on a randomly selected representative sample of 3,120 adult Canadian homeowners including 1,192 Ontario residents. With a representative sample of this size, the results are considered accurate to within +/- 2.8 percentage points, 19 times out of 20, of what they would have been had the entire Ontario adult population been polled. The sample's composition reflects that of the actual Canadian population according to Census data.
The idea: inform you of what you should expect before you sign on the dotted line."We tend to get calls after the fact ... We want to encourage people to call before," Michaels explains. "This launch is a more proactive approach to educate our consumers."Homeowners can check up on a number of jobs including carpentry, plumbing and roofing. The new initiative hopes to ensure you know exactly how long a job should take - and at what cost - before entering into a contract.Project Fix It will continue until Labour Day weekend. But you'll be able to continue to call after that date if you have any questions concerning future renovations. Want to know more? Call (416) 392-3082 for additional info.A checklist when you're renovating:Check with Toronto Building to determine if a construction permit is required for the proposed renovationGet at least three quotations from licensed contractorsAsk the contractors for their City of Toronto business license number and verify the information by calling (416) 392-6700Get references from other customersEnter into a written and signed contractEnsure that all work to be done (including site clean up) is clearly stated in the contractEnsure that the full price of the job is in the contractPay the full amount at job completion or include a payment schedule in the contract (payments should correlate with the amount of work done by the contractor)Include in the contract the name of the company, the business address, phone number, a completion date, and a City of Toronto License numberFile a complaint if you come across illegal activity by calling (416) 392-3082 or e-mail the Municipal Licensing and Standards licensing mailbox at www.taxiline@toronto.ca.List courtesy: City of Toronto
The idea: inform you of what you should expect before you sign on the dotted line.
"We tend to get calls after the fact ... We want to encourage people to call before," Michaels explains. "This launch is a more proactive approach to educate our consumers."
Homeowners can check up on a number of jobs including carpentry, plumbing and roofing. The new initiative hopes to ensure you know exactly how long a job should take - and at what cost - before entering into a contract.
Project Fix It will continue until Labour Day weekend. But you'll be able to continue to call after that date if you have any questions concerning future renovations. Want to know more? Call (416) 392-3082 for additional info.
A checklist when you're renovating:
List courtesy: City of Toronto
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