What is the difference between a legal basement suite and an illegal one?

Apr 19, 2023

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A legal basement suite is a living space in a basement that meets all the requirements set out by the government. These requirements vary depending on the municipality and province, but typically include features such as proper egress windows, fire separation, and adequate parking.

Egress windows are windows that are large enough to allow occupants to escape in case of a fire. In most jurisdictions, they must be at least 3.8 square feet in size and no more than 44 inches off the floor. Egress windows also need to be accessible from the living space without the need for keys or tools.

Fire separation is another key difference between legal and illegal basement suites. Fire separation refers to the measures put in place to prevent the spread of fire between different units in a building. For example, a legal suite will have a fire-rated ceiling between the basement and the upper floor, which slows the spread of fire between the two spaces.

In addition, legal basement suites are required to provide additional parking spaces for their tenants. This is typically one additional parking spot per suite.

Renting out an illegal basement suite can result in serious consequences for landlords. For one, they can face fines under the Public Health Act, which governs the safety of living spaces. Fines can also be issued under the Alberta Fire Code if the suite does not meet the required safety standards.

In addition to fines, landlords may also be required to renovate their suite to meet current regulations before they can legally rent it out. This can be an expensive and time-consuming process.

In short, renting out an illegal basement suite can have serious consequences for landlords, including fines and the need for expensive renovations. It is important for landlords to ensure their suites meet all the legal requirements before renting them out to tenants.