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In a previous blog post, we considered a few factors to keep in mind when purchasing a multi-dwelling unit. In this post, we will cover additional points to consider before purchasing a multi-unit dwelling while also considering what it means to purchase a legal non-conforming multi-unit dwelling.

Legal Multi-Unit Dwelling

1) Location:

In order for a property to be a legal multi-unit dwelling (duplex; triplex; etc.) it must be located in a zoning area where construction and operation of such dwelling units is allowed by the municipality. Being mindful of the overall urban planning needs of the citizens, a municipality usually zones specific areas of the city for certain types of multi-unit dwellings.

2) Adequate work orders:

The dwelling unit being located within a specified zoning region is not enough on its own. Construction of the dwelling has to be done by obtaining proper building and zoning work orders from the appropriate governing bodies. Examples include but are not limited to compliance with the Planning Act; receiving the greenlight from the applicable fire department verifying that all construction is on par with the Ontario Fire Code; meeting other criteria of the Ontario Building Code such as proper ventilation, minimum ceiling heights etc.

Legal Non-Conforming Multi-Unit Dwelling

Municipalities often amend and introduce new guidelines regarding approved zoning criteria for a certain region of a city. Implementation of these changes could and often does result in some existing multi-unit dwellings not being in compliance with the new guidelines. However, provided that these dwellings were legally conforming under the old guidelines, their continued use is grandfathered in irrespective of the changes to the guidelines.

One issue to keep in mind however is that if significant structural changes take place to the grandfathered dwelling after the introduction of the new guidelines, for example in case of a severance, as part of granting its consent for the severance, the municipality can make it mandatory for the dwelling to be brought up to code in order to meet the new guidelines.

Please feel free to contact one of our lawyers should you have questions about this topic.

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Taimoor Qureshi is an Associate Lawyer at Kormans LLP. You can reach Taimoor here: tqureshi@kormans.ca. The information and comments herein are for the general information of the reader and are not intended as advice or opinion to be relied upon in relation to any particular circumstances. For particular application of the law to specific situations, the reader should seek professional advice. Kormans LLP cannot be responsible for the content of other sites. We expressly disclaim all liability with respect to actions taken or actions not taken based on content received from a third party website linked, directly or indirectly, to that of Kormans LLP.  The link to another site is not to be construed in any way as an endorsement of the host, the site or the information contained therein, nor is such link to be inferred as an association or affiliation with the host.