When my wife and I purchased our first investment property, we lived upstairs and renovated the basement to rent out. We essentially did the same renovation as many investors and home owners: Single Family to Duplex. We were just married and the budget was tight. We needed the extra income to help support the mortgage. At that time many years ago we invested over $10,000 to update a bathroom, include a kitchen, and create a separate entrance. Once construction was completed we were excited and posted the rental unit in the local newspaper. Among the first to call was the city inquiring if the basement was a legal rental unit as they had no records of it. We had to prove that it was there when we bought the property or they could force use to return it to its original state.

We had a happy ending to our story, but we were lucky. Many home buyers and investors are unaware – as we were – of the necessary bylaws and regulations that a house must meet in order to be converted to a legal duplex.

So before you purchase that property with the goal of renovating a single family to duplex, there are several things you need to consider. Each city may be slightly different so you will need to do your own homework or call me to help you find the perfect property before you buy. In this article we are going to look at the Bylaws and regulations for the Hamilton area as of 2018. Bylaws and regulations change so do not rely on these but think of them as a starting point.

The two most important considerations right away for any property you plan on renovating from single family to duple are the height of the basement and the size of the front yard in consideration of parking.

The basement must meet a minimum height of 78 inches when finished so there are no obstructions to egress. In plain English, it means that during a fire if the smoke obscures vision, a person will not hit their head on the ceiling while trying to flee.

Parking on the majority of properties is located in the front of the house. For a legal duplex, there must be a parking spot dedicated to each dwelling. To meet this requirement you must be able to have 2 parking spots side by side (*In some areas they may be tandem) on the property which as mentioned will be in the front yard of the majority of properties. Each municipality may have differing bylaws. For example, in Hamilton you are only allowed to have 50% of the front yard paved for a driveway but the backyard may be completely dedicated to parking. In St Catharines you are parking may only take 50% of the width  or 7.5 meters which ever is less, and only 20% of the total lot area. (Read More About Bylaws And Zoning)

So if a property in consideration does not have the minimum height in the basement or the room for 2 parking spaces without exceeding 50% of the front yard, then the property is not fit for investment. The costs to remedy these two qualifications are much too high to justify. Every other condition can be met at a much more reasonable and justifiable cost.

So let’s look at some of these other requirements when changing a single family to duplex. Again, this list is not exhaustive but it does give a great idea of what is required. It is highly recommended that you seek the advice of the appropriate authorities and experts.

One of the biggest concerns is fire, and the spreading from one unit to the other. To address these concerns, you must meet the following criteria:

• A basement unit must have 2 ways to exit the unit. In many units this includes windows large enough that a person can escape through them in case of fire. This escape must be direct and not through another dwelling or residence.
• A smoke detector must be hard wired into the unit. Many municipalities also require a carbon monoxide detector if there is an attached garage or fuel burning appliance. It is a great practice to include both in every unit.
• Ceiling drywall must be fire rated for at least 30 minutes.
• The mechanical room (Furnace) must be fire rated for at least 45 minutes. This can be achieved through a 5/8” Type X Drywall on each side of the wall.
• There must be a fire rated self closing door to the mechanical room and the residence as well.

Other concerns include the “livability” of each unit. These requirements include:

• Each unit must be soundproofed to STC 52 (Sound Transmission Class Rating).
• 5% of all wall space must be windows.
• Bathrooms must have a fan or window.
• There must be a kitchen with a working refrigerator, stove and cupboards with at least 4 cubic feet of storage space.

And an electrical inspection by Electrical Safety Authority (ESA – 1 877 ESA SAFE) and all the deficiencies identified during the inspection must be addressed. Owners should retain the letter of compliance received from the Electrical Safety Authority for future reference purposes. This letter must be made available to the Chief Fire Official upon request.

As mentioned, there are a significant number of considerations when renovating a single family to duplex. This list is not exhaustive, is for educational purposes only, and is not meant to replace the advice of the appropriate authorities and experts.
Hopefully it has persuaded you to consider the importance of working with the appropriate professionals, including a real estate sales representative. If you have any questions or are looking for an investment property, please call Ryan Ligeza.