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A Secondary Suite is is defined as self-contained accessory living quarters consisting of at least one bedroom, bathroom and kitchen, developed within, or on the same property as a single family home. A secondary suite must have direct access to the exterior by way of a doorway. Other common names for secondary suites are “mother-in-law suites” or “Granny Quarters”.
A secondary suite differs from an up/down duplex in that it is limited in size to a maximum of for 753 square feet and offers greater flexibility in form and placement on the property. It should be noted that the addition of a secondary suite within or in addition to a side-by-side duplex is not permitted.
Secondary suites are only permitted in designated land use districts and only allowed on a parcel that contains a single family home. The land use designation will determine the steps needed to apply for a secondary suite. A building permit is always mandatory in all cases.
Land Use Zonings
Secondary suites are not permitted in the districts designated as R-1, R-C1 or R-C1L. You may however apply for a Land Use Amendment to R-1s, R-C1s or R-C1Ls, so that secondary suites would be listed as a discretionary use. Applying for a Land Use Amendment can be a lengthy and costly process with no guarantee of success.
If our Land Use Amendment application is successful, you will be able to make a Development Permit application to allow a secondary suite.
If your home is situated on a lot which is zoned R-1s, R-C1s, R-C1Ls, R-2, R-C2, R-2M or M-CG, and the principal building is a single detached dwelling which meets the minimum required parcel width, depth and area requirements need for a secondary suite to exist, the secondary suites will be allowed as a discretionary use and you may apply for a Development Permit.
Permits
A Development Permit is required for a change of use to an existing dwelling. A Building Permit is required for a secondary suite. In addition, suites built after December 31, 2006 must comply with the Alberta Building Code and the suites built before December 31, 2006 must comply with the Alberta Fire Code. See also Development & Building Permits for Secondary Suites.
Additional Requirements
Land Use
Minimum Lot Width
Minimum Depth
Minimum Lot Area
R-1s
13m for secondary suite, detached garden suite or attached at grade, 11m for all other types.
30 metres
390 sq. metres for a detached garden and attached at grade suite, 330 sq. metres for all others.
R-C1Ls
24 metres
30 metres
1100 sq. metres
R-1s, R-C1s, R-C1Ls, R-2, R-C2, R-2M or M-CG
15 metres
30 metres
400 sq. metres
Secondary suites must not exceed 70 sq. metres (753 sq. ft in gross floor area including service or mechanical area but not including stairwells)
All secondary suites are required to have a separate and direct access to the exterior grade. Common access to the principal residence is not permitted.
At lest one off-street parking stall must be provided in “addition” to that already provided for the principal residence.
Secondary suites must have a private amenity space that is located outside, and which is a minimum of 7.5 metres, with no dimension being less than 1.5 metres. This space may be provided in the form of a balcony, deck or patio.
All landlords are governed by the Residential Tenancies Act of Alberta.
Summary of Building Code Requirements
The minimum ceiling height is 1.95 metres
Each bedroom must have at least one window for emergency exit in the event of a fire. The window must be located at least 1.2 metres from the property line.
The structure must provide fire-protected walls and ceilings between the secondary suite and the main dwelling unit, as well as around common exits by the use of 1/2” drywall.
Must have interconnected smoke alarms installed in both dwellings
Any gas-fired furnace or water heater needs to be enclosed in a room with fire walls using 1/2” drywall.
Secondary suites must have independent heating and ventilation systems, unless they were constructed before Dec. 31, 2006.
Applies to basement suites only. Other types of suites are subject to higher standards
While basement suites are the most common form, secondary suites may also take the form of any of the following:
Above a Rear Detached Garage
Maximum allowable height of 7.5 metres above grade
Maximum allowable parcel coverage are for your district (See table above)
Minimum required setbacks as determined for a secondary suite – Detached Garage as follows:
A rear setback of .6 metres for that portion of the building used as a private garage; and 1.5 metres for that portion used as a secondary suite
A side yard setback of 1.2 metres.
Must be located at least 3 metres from the house.
Attached to the main floor of a single detached dwelling
Maximum allowable height of 5.0 metres for that portion of the building that contains the secondary suite
Must have its own separate and direct access to grade
Subject to the maximum allowable parcel coverage for your district (see table above)
Subject to the required minimum building setbacks for a secondary suite – attached at grade as outlined in the Low Density Residential General Rules section of the City of Calgary Land Use Bylaw 1P2007.
Detached (Stand-Alone) Garden Suites
Maximum allowable height of 5.0 metres
Subject to the maximum allowable parcel coverage for your district (see table above)
Minimum required setbacks as determined for a secondary suite – Detached Garden; namely, a rear setback of 1.5 metres and a side yard setback of 1.2 metres.
Must be located at least 3 metres from the house.
Must be located at least 3 metres from the principal building.
This information has been provide by the City of Calgary Development & Building approvals. The information provided herein cannot be relied upon for an official interpretation of the various bylaws, codes and regulations currently in effect. Home owners need to check with the City of Calgary, refer to the Alberta Building Code and the Alberta Fire Code or contact the Province of Alberta’s Municipal Affairs and Housing Safety Services branch at 1-866-421-6929 for a complete interpretation. You may also seek assistance from a professional who specializes in redevelopment applications such as Permit Masters.
Please call Mike for the sale or purchase of residential homes with secondary suites.
I just spent a couple of hours with Bryan Romanesky of Permit Masters. Bryan really knows his way around city hall.
Permit Masters is a division of CITYTREND – a private urban planning firm. Permit Masters, uses their industry experience and bylaw knowledge to help commercial and residential clients get through all the red tape and bureaucracy which often frustrates ones ability to get the required approvals. They take the hassle out of negotiations with the City, and handle the entire permit process from application through approval.
Their success rate is very high. Even if you’ve been turned down before, being familiar with the bylaws and permit system, can be invaluable in getting your approval fast-tracked through city hall.
For residential permits, they offer assistance with the following:
Fence permits
Deck Permits
Home business approvals
Permit appeals
Basement permits
Re-zoning applications
City negotiations
Development permits
For Commercial applications, their services cover
Signage Permits
Outdoor Patio Permits
Change of Use
Re-zoning Applications
Permit Appeals
Development Permits
City Negotiations
Secondary Suites & non conforming suite regulations
There are two types of permits required.
Development permit – reviews application against the land use bylaw Building Permit – required to ensure that the improvements meet the building permit. Pretty much everything needs a building permit.
Basement building permits – are required on any new basement development. That is to say when previously existing permitted development did not exist previously.
Secondary suites are not limited to basements. Other options are available, such as cottages or rooftops.
Some considerations that will be examined include, but are not limited to:
Windows
There must be windows in all bedrooms. As a rule of thumb, you’ll need a window which is at least 2′ x 2′. Given that, the design of the window is also considered, to ensure that it is adequate and could be used as a fire exit if necessary. For example, a sliding window may not pass inspection.
Where the building is located within 4’ of a property line, a 7% maximum wall coverage will be allowed.
Other required permits
Electrical
Mechanical (not required)
Plumbing
It’s important that the work be performed by a Master Electrician or Master Plumber who is licensed by the City of Calgary. If it is not, the city inspectors may not approve the installation without some intrusive exploratory measures such as breaking holes in the walls to inspect the installation.
The city has the right to withdraw the permit before completion. It should be noted that Structural Engineers should be consulted when removing any supported walls or beams which could result in the future integrity of the building or structure.
A 50% penalty is levied by the City of Calgary if the permit is obtained after the work is complete.
The city may be consulted to inquire about previous development permits. The BP (Building Permit) numbers associated with a particular address are in the following syntax (BP2003-046800). With the BP number you may request the actual archived copy for $100 per building permit which will be provided within 72 hours from the City of Calgary’s 311 phone line. Alternately, you may call directly to the City of Calgary’s Building & Development Departments at 403-268-5311. Their archives go back to about 1940.
The City of Calgary also maintains a website which may be accessed to determine which building permits if any are registered against a particular address within the last three years. The information provided there should be verified.
There are three levels of conformity when dealing with Secondary Suites.
Legal Conforming – When the development meets all current bylaws and regulations with regard to secondary suites
Legal Non-Conforming – The Grandfather Rule applies here – If the development met with all current bylaws and regulations and had the required permits at the time the development was made, then it is considered to be a permitted use.
Illegal Non-Conforming – Where the required building permits were not obtained at the time of the development.
As previously stated, the City of Calgary may withdraw their approval at at any time. For example if the property is creating a general disturbance in the area on a regular basis.If a suite is Legal non-conforming, it may still have to come out if the city is acting on a noise complaint or other complaint.
Minimum Requirements for secondary suite lots
The lot must be properly zoned for a secondary suite
The lot size must be between 330 to 1100 square m.
The Lot width must be 9 – 24 metres
The Lot depth must be 22 – 30 metres
There must be adequate parking, at least one off-street stall per unit. A front drive garage pad does not qualify.
Approval process and/or appeals rely on the value of the arguments as opposed to the number of people opposing the development.
The Development Application must be accompanied by a full set of plans, photos etc., and is:
Always discretionary
The application is circulated to a number of regulatory and advisory bodies for approval. These include such things as the Fire Department, Community Associations, utility companies etc. to ensure that the development will meet all acceptable guidelines.
The Development Application is advertised for two weeks
Can be appealed by your neighbours or community groups.
Some restrictions which will be reviewed when considering the application are:
Is there fire separation
Ceiling height – minimum 1.95 metres
Is there separate heating systems
Is there a common electrical system with no cross-circuitry in the electrical panel switches
Are the smoke alarms interconnected?
Potential problems on sale
Home owners who do not have the proper building permits in place may face legal action from the city or by the purchaser if not properly disclosed. The city took action on 1000 illegal suites in 2010. Most insurance policies will not cover their claims if the proper permits are not in place. They will take your money though.
Inspections which go along with the permit process will guarantee the work is done properly.
Permit Masters assists homeowners, or contractors maneuver through the permit process. Collect data, prepare plan, etc. Since the regulations concerning development and building change almost weekly, you may wish to consult a professional to assist you through the process. Permit Masters can be reached at (403) 475-2044.
When considering the sale or purchase of a revenue property or home with a secondary suite, please call.
