Ontario Regulation 462/24 came into force on November 20, 2024. This Regulation impacts a number of zoning regulations for garden suites. The Garden Suites Monitoring Team is in the process of reviewing these changes.
A “Garden Suite” is a self-contained living accommodation located within an ancillary building, usually located in the rear yard, but not on a public lane, and is separate or detached from the primary dwelling on the lot.
The Garden Suites project was one of several studies that the City of Toronto is leading through its Expanding Housing Options in Neighbourhoods (EHON) initiative.
On February 2, 2022, Toronto City Council adopted the Garden Suites Official Plan Amendment and Zoning by-law Amendment. Through the adoption of the Official Plan and Zoning By-law amendments, Council has put policies in place to increase the supply and type of housing available in the City. The new policies and zoning requirements will allow garden suites to be permitted on properties in most residential zones across Toronto.
Does your site abut a public laneway? If so, please refer to Laneway Suites, as they have different zoning and access regulations than Garden Suites.
Interested in a building a garden suite? Before you apply for a building permit, you must consider the following:
What is your property zoned in the City-wide Zoning By-law 569-2013? Does it permit garden suites?
Zoning By-law 569-2013 permits garden suites, subject to various performance standards, in the residential zone category, including:
Refer to the Zoning By-law Interactive Map to find the zoning of your property.
Does your property meet the Firefighter/Emergency Access requirements?
These requirements are not contained in the zoning by-law and are instead determined through a compliance review of the Ontario Building Code conducted by Toronto Building and Toronto Fire and Emergency Services. They cannot be varied by way of a Minor Variance application through the Committee of Adjustment.
You must maintain:
For more information on providing emergency access to a garden suite, please visit Toronto Building.
To get a general sense of your site, the City of Toronto’s Maps can be a useful tool prior to engaging with a designer, planner or architect.
Does your proposed garden suite meet the zoning by-law regulations?
If your proposal meets the zoning by-law regulations for a garden suite, you can proceed to building permit. Chapter 150.7 of Zoning By-law 569-2013 outlines the requirements for a garden suite.
The City has also created a Summary of Rules and Regulations to assist in summarizing the zoning by-law regulations. The purpose of this summary is to assist and guide individuals in understanding the garden suite permissions and restrictions found in Zoning By-law 569-2013. It is not intended to be planning or legal advice, nor is this summary intended to be an exhaustive list of all situations which may arise in the permitting of a garden suite. Please be advised that Ontario Regulation 462/24, that came into force on November 20, 2024, impacts a number of zoning regulations for garden suites. Please refer to the banner at the top of this webpage for more information and a link to the Regulation.
It is recommended you obtain a Zoning Applicable Law Certificate (“Zoning Review”) to confirm zoning and applicable law compliance, which allows for a complete application at the building permit stage. For more information on how to apply for a Zoning Review, please visit Toronto Building.
A Minor Variance application to the Committee of Adjustment is required in cases where the proposal seeks minor relief from zoning by-law regulations. A Minor Variance application is required prior to building permit. For more information on what a Minor Variance application is and the review process for this type of application, please visit Committee of Adjustment.
Will your proposed garden suite impact privately-owned or City-owned trees?
The implementation of garden suites is intended to maintain, and where possible, increase the amount of permeable space on a property, as well as support, preserve and protect the City’s tree canopy. Please consider the following before submitting an application for a garden suite:
At the February 2, 2022 City Council meeting, Council directed staff to monitor the implementation of the Official Plan Amendment and Zoning By-law Amendment, and to report back to the Planning and Housing Committee following the earlier of two years from the date in which the Official Plan Amendment and Zoning By-law Amendment came into full force and effect or following the 200th building permit for the construction of a new garden suite (Item 2022.PH30.2).
The objective of the Garden Suites Monitoring Program is to monitor and assess the success of the City’s Garden Suites Initiative, including the effectiveness of the Official Plan policies and Zoning By-law regulations that permit garden suites in Neighbourhoods across the City. Staff are reviewing items such as the location of the garden suite, built form (i.e., height, massing, setbacks to lot lines), lot sizes, tree protection, and soft landscaping, as well as minor variance and building permit application processes. The review will also identify any additional barriers and determine whether any changes to the Official Plan policies and/or Zoning By-law regulations are required to improve the implementation of garden suites.
Staff reported back to Planning and Housing Committee on February 28, 2024, to provide an update on the Garden Suites Monitoring Program. Planning and Housing Committee adopted Item 2024.PH10.4, which recommended staff continue to monitor the progress of the Garden Suites Initiative, and to report back in the first quarter of 2025 with final recommendations on any proposed policy changes or zoning by-law amendments.
Since February 28, 2024, the Garden Suites Monitoring Team has retained an external consultant, Gladki Planning Associates, to assist in reviewing the Monitoring Program and conducting multi-stakeholder consultation. After consultation is complete, Gladki Planning Associates will provide a final report to the Garden Suites Monitoring Team on their findings, which will help inform the Monitoring Team’s recommendations to Planning and Housing Committee.
For any questions related to the Garden Suites Monitoring Program, please contact EHON@toronto.ca
Yes – you will need a building permit to construct a garden suite. To obtain a building permit, the proposed garden suite must comply with all applicable zoning by-law provisions, the Ontario Building Code, and tree regulations. You will need a set of drawings and information as required, completed by a designer/architect. For more information on the building permit application requirements and process, please visit Toronto Building.
Height is measured from ‘average grade’, which is generally “the average elevation of the existing or finished ground surface, whichever is lower, around all sides of a building or structure, measured where the building or structure meets the ground surface”. Please refer to Zoning By-law 569-2013, Regulation 10.5.60.40(1), as defined for ancillary buildings.
Yes – a garden suite could be two-storeys depending on your site, provided it complies with the height, setback, separation distance, and other requirements set out in Zoning By-law 569-2013.
Yes – garden suites can have a basement.
Interior floor area means the floor area of any part of a building, measured to the interior side of a main wall, the centreline of an interior wall or a line delineating the part being measured. The basement of a garden suite and any “open to below” space is included in this calculation.
Note that the basement floor for the primary dwelling can be excluded from the gross floor area in a residential zone. Regulation 10.5.40.40(3)(A).
As per Zoning By-law 569-2013, Chapter 800.50.435, lot coverage “means the portion of the lot that is covered by any part of any building or structure on or above the surface of the lot.” This would mean the entire footprint of the existing primary dwelling, garden suite or any ancillary building on the site would be included, as well as any portion of a building that cantilevers, and decks/platforms that exceed more than 5% of the lot area.
No – severances (a division of land) which would result in a primary dwelling and a garden suite being on two separate lots, are not permitted.
Utilities such as water supply and sanitary pipes are intended to connect from the primary dwelling.
Yes – existing garages/ancillary buildings can be converted into garden suites. However, not all existing garages/ancillary buildings can support a garden suite, depending on their size. Existing structures are given relief from setbacks to lot lines and separation distance to the primary dwelling, however, are still subject to other zoning by-law regulations, such as height, floor area, angular planes, soft landscaping, etc., so long as the structure was constructed with a building permit. If the existing structure was constructed without a building permit, it will be treated as a “new building” regardless of how long it has existed and will be subject to current zoning by-law regulations. For more information, please visit our summary of the rules and regulations.
No – a single garden suite containing a single unit is permitted on a property, provided it meets all the applicable rules and regulations.
No – access requirements differ between garden and laneway suites. Please see the above Firefighter/Emergency Access section of this page for access requirements for garden suites.
By-law 101-2022, the zoning by-law amendment to permit garden suites under the current Zoning By-law 569-2013, does not apply to former zoning by-laws (i.e., Etobicoke Zoning Code, Former City of North York, etc.). If your property is zoned under a former zoning by-law as a residential zone, please contact Toronto Buildings at 416-397-5330.
Section 415-6(A)(2) of By-law 1137-2022 to amend City of Toronto Municipal Code 415 exempts second, third or fourth residential dwelling units constructed on a single residential parcel of land or within a single residential building, whether constructed as part of or ancillary to the primary residential dwelling on such parcel of land, provided that such exemption applies only to a development of no more than four units on such single parcel of land. For more information, please visit Bylaws, Rates & Study.
Parkland Dedication is not required for the one-time creation of one additional dwelling unit in an existing residential building or the creation of one Laneway Suite on a lot, or the creation of one Garden Suite on a lot. Section 42 of the Planning Act allows the City of Toronto to require new development to contribute to the expansion and enhancement of the City’s parks and open space system. The amount of parkland required from any development proposal is governed by the City of Toronto Municipal Code, Chapter 415, Article III and is determined by the type of development and the location of the development. Chapter 415-30(A)(4) of the City of Toronto Municipal Code was amended to exempt the creation of one additional dwelling unit in an existing residential building or the creation of one Laneway Suite on a lot, or the creation of one Garden Suite on a lot, which exemption for greater clarity, shall be given once, for the creation of only one additional dwelling unit on a lot Section 415-30(A)(4). For more information, please visit Parkland Dedication.