Increased liability

The responsibility is on the homeowner to meet established standards for all accessory apartments. If anything happens, such as a fire, the homeowner may be found liable due to the failure to meet legal requirements.

Loss of insurance coverage

Having a rental unit in your home is a material change to your home. If you don't disclose this to your insurance provider, it may cause your insurance coverage to be null and void.

Limited recovery of damage

An insurance policy is not typically responsible for rebuilding costs related to meeting current established standards. Your insurance company may only be required to cover the cost to fix your home back to the state it existed at the time your policy commenced prior to damage.

Prosecution

You are breaking the law if your building doesn't comply with:

• Ontario Fire Code
• Ontario Building Code
• Zoning By-law
• Property Standards By-law

You run the risk of being charged and you may face fines or imprisonment depending on the severity of the infraction.

Financing

Income from an illegal accessory apartment may not be considered when applying for a mortgage loan.

Tenants

As a landlord, you are obliged to maintain your accessory apartment in good operating order and you must follow all fire safety laws. Tenants may apply for rent reduction through the Landlord Tenant Tribunal where the unit fails to meet the prescribed municipal health, maintenance and property standards.

Tenant insurance

Your homeowner's insurance policy may not cover property owned by a tenant.

What is an accessory apartment?

An accessory apartment is a room or a suite of two or more rooms, designed or intended for use by a person or persons, in which sanitary conveniences are provided and in which facilities are provided for cooking or the installation of cooking equipment.

Do development charges apply to accessory apartments?

Development Charges for an accessory apartment in an existing home, or in a new home currently being built, would not apply (for the additional dwelling unit) as long as the additional dwelling unit meets the requirements under O.Reg 454/19.

Education Development Charges for the Durham District School Board and Durham District Catholic School Board would still apply for all accessory apartments, if the original home was recently constructed and has been occupied less than 12 months.

What is involved in the Fire and By-law inspection?

A Fire Prevention Officer will inspect your home to make sure both units comply with Section. 9.8 of the Ontario Fire Code. If the building doesn't comply, we'll issue a report that lists out the changes you need to make. This doesn't include upgrades that may be required under the Ontario Building Code through the building permit process.

What if I don't register my accessory apartment or don't do the work in the inspection report?

The Fire Department and By-law Services my lay charges and prosecute the owner of an illegal accessory apartment.

What requirements are in the Property Standards By-law to ensure the owner of an accessory apartment maintains their property?

The Property Standards By-law requires that all property owners in Whitby maintain the exterior property area around any building to ensure it is safe and in good repair. It also requires property owners to maintain minimum occupancy standards to ensure a safe living environment for tenants.

Will there be a regular follow-up inspection of all accessory apartments once they are registered?

No. Enforcement staff will rely on requests for investigation at specific addresses from complaints we receive. Complaints may be received by a resident in the area or from a tenant of one of the units. Every request will be investigated to ensure that property is in compliance with relevant by-laws.