Additional Dwelling Units

The Town of Whitby is offering an incentive program, funded through the Housing Accelerator Fund until December 31, 2025. Property owners who successfully obtain a building permit for an Additional Dwelling Unit (ADU) during this period can opt to enter into an “Additional Dwelling Unit Incentive Agreement” with the Town.

After meeting all eligibility requirements and successfully receiving a permit, eligible property owners will receive an incentive - a reimbursement for select Town fees related to their ADU project. These fees include, where applicable, the ADU Building Permit Fee, ADU Registration Inspection Fee, Curb Cut Fee, and Development Charges for Education.

To align with the Housing Accelerator Fund timelines, the ADU must be registered with the Town of Whitby By-Law Services by March 31, 2027*. If you are interested in participating, please email HAF-ADU@whitby.ca.

Eligibility Criteria:

You are eligible to receive the Additional Dwelling Unit Incentive if you meet the following requirements:

1. You are the registered owner of a residential property located in the Town.
2. You submit a complete** building permit application for an ADU at your property on or before December 31, 2025.
3. You have paid all applicable fees and charges for the ADU to the Town of Whitby.
4. You have been issued a building permit for the ADU after April 1, 2024.
5. You enter into an Additional Dwelling Unit Incentive Agreement with the Town.

Important Notes:

• *Registration Deadline: The ADU must be registered with the Town of Whitby By-Law Services by March 31, 2027. If it is not registered by this date, the property owner must repay the incentive to the Town of Whitby by April 30, 2027.
• Inspection Timing: It is the applicant’s responsibility to request and schedule all required final inspections well in advance of March 31, 2027 to ensure there is enough time to complete all inspections, address any issues, and schedule re-inspections, if necessary.
• **Complete Submissions: Submissions should be made at least two weeks prior to December 31, 2025, and your application must be deemed complete no later than December 31, 2025. If a Minor Variance for zoning is required and has not been completed by this date, the application will be considered incomplete. The Minor Variance decision must be final and binding when the complete building permit application is submitted. Please note that Minor Variance fees are not eligible for reimbursement under the incentive program.
• Only one incentive program application is permitted per ADU building permit.

There will be no exceptions or extensions to these deadlines. 

Interested in participating in the ADU incentive program? Email HAF-ADU@whitby.ca.

You can upload all required documents and drawings through the E-Portal. Your application will undergo a pre-screening process. Once approved, instructions for the next steps, along with the invoice to make a payment via credit card will be provided via email.

You can submit your documents and drawings via email. Your application will undergo a pre-screening process. Once approved, instructions for the next steps, along with the invoice to make a payment via credit card will be provided via email.

For non-residential building permit applications and subdivisions, submit your application in person for pre-screening to: 

Town of Whitby – Building Services Division
3050 Garden St. Unit 102
Whitby, ON L1R 2G7

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

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.

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.

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.

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

As a landlord, you are obliged to maintain your ADU 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.

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

An ADU 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.

Development Charges for an ADU in an existing home, or in a new home currently being built, would not apply as long as the 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 ADUs, if the original home was recently constructed and has been occupied less than 12 months.

The Fire Department and Enforcement Services may lay charges and prosecute the owner of an illegal ADU.

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.

Enforcement Services 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.  Also, the fire department may request to conduct inspections periodically to ensure the fire safety elements of the buildings are maintained.