Expanding Your Home: Garden Suites

Are you looking for a way to add extra living space to your property, create a rental income stream, or perhaps build a cozy spot for aging parents?

Following recent updates by the City of Toronto (specifically Item PH23.1), Garden Suites have become one of the most exciting housing opportunities in the city. But before you break ground, there are some essential rules and regulations you need to know.

Image courtesy of: Hulty

Unlike a Laneway Suite (which must abut a public alley), a Garden Suite is a a small, detached dwelling in a backyard, serving as a secondary residence on a property, often for family, renters, or as a home office, offering extra living space and income potential without requiring a public laneway, distinct from basement apartments or laneway suites by location and zoning rules. It is intended to be a rental unit or a space for a family—it cannot be sold as a separate property (severed).

When considering the construction of a small dwelling, you generally face a choice between two primary methodologies: site-built (conventional) framing or pre-fabricated modularity.

Traditional on-site construction is a time-tested approach; however, because it involves complex foundations and utility hookups, it often results in a prolonged "under-construction" period for your backyard. Conversely, a Pre-Fabricated Garden Suite offers a streamlined alternative. These units are manufactured off-site, allowing the structure to be fully installed and operational within two to four weeks—even for more complex, custom designs.

Image courtesy of: Deomax Group

What does the law say?

1. Where Can You Build?

Garden suites are now permitted in most residential zones across Toronto, including:

• R (Residential)

• RD (Residential Detached)

• RS (Residential Semi-detached)

• RT (Residential Townhouse)

• RM (Residential Multiple)

  
  

2. The "Must-Haves" for Safety (Emergency Access)

This is the most critical step. Even if your backyard is huge, you cannot build a suite unless it meets Ontario Building Code and Fire Services requirements. These rules are non-negotiable:

• Travel Distance: There must be a maximum 45-metre path from the public street to the suite’s entrance.

• Clear Path: You need a side path at least 1.0 metre wide and 2.1 metres high to allow firefighters access.

  
  

3. Size and Height: The Basics

The city uses "performance standards" to ensure your new suite doesn't overwhelm your neighbours.

• Footprint: The suite can cover a maximum of 40% of your rear yard (up to 60 square metres).

• Height: If the suite is 5.0m from your main house, it can be 4.0m tall, and if it is 7.5m from your house, it can go up to 6.0m tall (subject to "angular plane" rules to protect sunlight for neighbours).

• Basements: Yes, you are allowed to build a basement for your garden suite!

  
  

4. Trees and Green Space

Toronto is serious about its tree canopy. You generally cannot remove healthy, protected trees to build a garden suite. If your design threatens a protected tree, the City may refuse your permit.

Additionally, you must maintain "Soft Landscaping" (grass, gardens, etc.) in your rear yard:

• Frontage over 6.0m: 50% of the yard must be green.

• Frontage under 6.0m: 25% of the yard must be green.

5. Setbacks

• Rear: On lots deeper than 45 metres, the minimum rear yard setback is the greater of half the height of the garden suite and 1.5 metres. In lot shallower than 45 metres is 1.5 metres.

• Side: The minimum required side yard setback for a garden suite is generally the greater of 0.6 metres and 10% of the lot frontage, to a maximum of 3.0 metres. Where openings such as windows or doors are proposed, the minimum is considered as 1.5 metres.

  
  

6. Angular Planes (NO MORE APPLICABLE)

• Front: 45 degrees starting at a height of 4.0m, 7.5m from the rear main wall of the principal residential building

• Rear: 45 degrees starting at a height of 4.0m from the required rear yard setback.

• Side: 45 degrees starting at a height of 4.0m from the required side yard setback.

7. Parking and Use

• Cars: You are not required to provide a parking spot for the suite.

• Bikes: You must provide at least two bicycle parking spaces.

• Short-Term Rentals: You can only use the suite as an Airbnb-style rental if you follow the City’s Short-Term Rental By-laws.

  
  

Image courtesy of: City of Toronto

This article explores the versatility and benefits of high-quality garden suites, which serve a variety of functions ranging from multi-generational housing to rental income. While this guide outlines several essential considerations, it is important to note that local regulations are specific. For comprehensive details on bylaws and requirements, we recommend visiting Toronto.ca. Furthermore, to ensure a seamless project, it is vital to engage a professional designer who can navigate the complexities of the municipal permitting process on your behalf.

References: City of Toronto