Courtesy of Kamil Lalji, Associate Broker at CIR REALTY

Are you unclear on how to convert your illegal suite so that it is legally recognized by the City? 

The city looks at the following criteria for legalizing illegal suites:

1. Bedroom egress windows (making sure someone can get out of the windows safely)
2. Smoke and fire protection (detectors and containment)
3. Exterior stairways and protection of secondary suite exits
4. Heating and ventilation 

A secondary suite is an isolated living space provided by a main residence to support a single family. For this reason, they must have bathrooms, a kitchen, and a designated sleeping space. Many individuals choose to legalize a secondary living space as it can be beneficial in earning money through rent, supporting extended family members, and boosting the value of the property. Of course many illegal suites exist, but if you’re caught the fines can be steep, and more importantly these regulations exist in order to protect the inhabitants.  

To legalize a pre-existing illegal suite, the City of Calgary demands four Building Code requirements to ensure that safety needs are maintained. 

The first requirement for legalizing illegal suites are bedroom egress windows. It is required by the City of Calgary for each room to have a minimum of one window that can be fully opened without the use of additional tools or removal of hardware. The ease of opening the window is a necessity in case of an emergency. In terms of the dimensions of the window, it must have an area of 3.8ft² with a dimension of at least 15 inches. Outside the window, there must be a minimal clearance of 21.5 inches.

The following are acceptable window styles:

1. Casement window (must swing to full 90°)
2. Horizontal sliding window 
3. Vertical sliding window 
4. Inward swinging awning window 

The next requirement is smoke and fire protection. This is crucial for the safety of the residents in order to prevent the spread of fire and smoke. Smoke tight separation must be installed. This can be done through the installation of a ½ inch thick drywall on the ceilings and sides of the wall to separate the primary residence and the secondary suite. In case of a fire, this would prevent it from spreading. Moreover, installing an automatic sprinkler with a plumbing permit can be an alternative to the drywall. However, this is for the mechanical room only. 

In addition, exterior stairways and protection of secondary suite exits is also required. If an exit is within 5m of a window or door, the door or window must have some type of protection, such as wired glass. This is important for the protection of the residents in the secondary suite. Some individuals may choose to have a regular uncovered entry, while some may choose to have a covered entry with a rooftop. 

Lastly, the City of Calgary requires adequate heating and ventilation. For the legalization of illegal/already existing suites, the city allows for the use of a single heating and ventilation system shared between the primary residence and the secondary suite. 

Once building code requirements are met, individuals can proceed to prepare an application for their existing secondary suite in order to have it legalized. 

It’s easier than it’s ever been and the city is waiving up to $900 in fees until December 2021! 

For more in-depth information, visit the city website here.

Click here to view the original article.