Toronto homeowners can now legally build apartment suites in their backyard

A new ruling has made it officially legal for Toronto residents to build backyard or garden suites as a form of housing.

Garden suites are a secondary structure built on the property of another home. The city says they are “generally” smaller than the main house on the lot, and are often created as a way to house relatives, or as rental units.

In Feb., Toronto City Council passed a bylaw that would allow for the structures to be built on resident’s property.

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However, shortly after, the bylaw was appealed to the Ontario Land Tribunal (OLT) by a group of Toronto resident associations dubbed ‘Building Better Neighbourhoods.’

“In its appeal, the alliance argues the City clearly over-reached Provincial regulations that limit garden suites to single detached, semi-detached, and townhouses,” the group said in a statement issued on March 8.

But, on June 2, the OLT dismissed the appeal, rendering the form of housing legal.

“This is good news and it will help get some more housing built,” Toronto Mayor John Tory said in a statement included in the release.

“Allowing garden suites across Toronto is a key step forward in expanding housing choice within the City’s neighbourhoods and creating a more inclusive and resilient city for current and future residents.”

 

The @CityofToronto Garden Suites Bylaw is in full force after the Ontario Land Tribunal dismissed an appeal.

Garden suites are often a way to create homes for family members – parents, grandparents or adult children – or can be used as rental housing units. pic.twitter.com/v8tPqRtns7

— John Tory (@TorontosMayor) July 6, 2022

According to the release, those who want to build a garden suite, sometimes referred to as a coach house, will need to ensure it meets building code, such as maximum building height.

If so, residents will only need to apply for a building permit in order to go ahead with their build.

Conversely, any garden suit that doesn’t meet Zoning Bylaw requirements can seek a minor variance application through the Committee of Adjustment.

1/ 2 Look for Garden Suites sprouting soon in Toronto’s Neighbourhoods. Today, the Ontario Land Tribunal decided in favour of the City of Toronto & dismissed the Garden Suites appeal on the grounds that it did not have the jurisdiction to hear the appeal. pic.twitter.com/NgSqFjmXsi

— Gregg Lintern (@GreggLintern) July 4, 2022