Secondary (Legal) Suites
A secondary (or legal) suite is a complete living unit with its own kitchen, sleeping area, and washroom facilities contained within another dwelling. The two dwelling units (the primary residence and the secondary suite) and any common spaces make up a single real estate entity that cannot be stratified or otherwise legally separated from the other.
Secondary suites are permitted in most single detached and some side-by-side attached homes across British Columbia and come with many benefits such as providing homes for aging parents, adult children or other family members, helping to pay a mortgage or investing in existing property and contributing to more long-term rental housing in communities.
Local government zoning and planning requirements, as well as certain building codes, and building permit requirements would dictate if a secondary suite can be built on a property and what building codes would apply. In the City of Vancouver (municipality), the Vancouver Building By-laws (VBBL) will apply. Elsewhere in BC, the British Columbia Building Codes (BCBC) is applicable.
There are very rigid building code and building permit requirements for converting an existing space into a secondary (or legal) suite. The newer the single-family dwelling containing the space for conversion, the easier it may be to do so. The older the single-family dwelling, the greater the number of requirements. There are also different types of secondary suites as shown in the graphic below.
Types of Secondary Suites
Secondary Suites in Burnaby – What Actually Applies
Burnaby runs a Secondary Suite Program and follows the BC Building Code, which is less restrictive than the Vancouver Building By-Laws governing the City of Vancouver.
Where suites are permitted: one secondary suite in single-detached homes in most residential zones. Recent zoning reforms extended this to side-by-side and front-to-back duplexes and rowhouses, provided both units are accessed from ground level and a vertical fire separation divides the suite from the rest of the building.
Where they are not permitted: up-and-down duplexes and apartment buildings where dwelling units sit above one another. The BC Building Code prohibits this on fire-safety grounds regardless of zoning.
After construction: you will need to file a Supplementary Utility Fees Declaration with the City of Burnaby within 30 days of any change in your property’s rental status, and obtain a business licence if you are renting the suite without living on the property.
Zoning confirmation comes from Burnaby’s Planning Department before design begins. We handle that step as part of every Burnaby Basement Renovation Contractor engagement.
For Comparison – The Stricter Vancouver Requirements
Homeowners often ask why a Burnaby suite is easier to permit than one across the boundary. The City of Vancouver applies the VBBL, whose basic guidelines for creating a secondary occupancy include, but are not limited to, the following:
- Approvals: a development permit and a building permit, plus the relevant trade permits for electrical, plumbing and gas work.
- Size: one suite per house, at least 400 sq. ft. and no larger than the main dwelling.
- Headroom and depth: 6′-6″ clear height along exit routes and across 80% of the suite, with the suite floor no more than 6′ below the adjacent ground.
- Separation between units: solid-core, self-closing doors between house and suite, and either sound lath and plaster or 1/2″ gypsum board on shared walls and ceilings.
- Getting out safely: bedroom windows with at least 3.77 sq. ft. of clear opening and no bars, exit doors that cannot be locked from outside, and a 3′-wide hard-surface path from the street to the suite entrance.
- Alarms: hard-wired, interconnected smoke and carbon monoxide alarms with battery back-up, including one per bedroom.
- Services: an electrical service sized for both units, the required kitchen, bedroom and living-room outlets with GFCI protection near water, properly vented plumbing and gas, and seismic straps on the hot water tank.
- Parking: on-site parking for the whole property.
As a general rule, Burnaby follows the BC Building Code, which addresses the same concerns – separation, exiting, headroom and alarms – but is less restrictive in several of them, which is a large part of why Burnaby suites are simpler to permit. Specifics will vary with the age, layout and zoning of each house, so we confirm exactly what applies to yours before any design begins.
The graphic below shows a pictorial summary of the different code requirements for secondary suites (and legal basements).
Summary of the different code requirements for secondary suites.
