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 New Westminster – What Actually Applies
New Westminster follows the BC Building Code, not the Vancouver Building By-Laws, and its rules differ from both Vancouver and its neighbours in ways that matter.
Where suites are permitted: in single detached or duplex zones, which covers most single detached dwellings in the city. They are not permitted inside a duplex unit itself. Confirm zoning with the Planning Division before any design work begins.
Three units on most lots: New Westminster is one of the few Metro Vancouver municipalities where most single detached properties can have a principal dwelling, a secondary suite, and a laneway or carriage house. Parking is capped at two spaces regardless, and tandem spaces are not permitted.
The permit paths differ. A secondary suite requires a Building Permit only. A laneway or carriage house requires a Development Permit first, plus a Tree Permit, before a Building Permit can be issued. Getting that sequence wrong is the most common cause of delay here.
Paying the suite utility charge does not make a suite legal. This catches out a lot of New Westminster owners. An authorized suite must have been created with a Building Permit. If an unauthorized suite comes to the City’s attention, you may be required to bring it into compliance or remove it entirely – and removal is mandatory where there is more than one suite in a single detached house, or a suite in a duplex unit or townhouse.
If you are buying or already own a home in Queensborough, Sapperton, Queens Park or Uptown with an existing suite, we can assess whether it was permitted and what authorizing it would involve. Note that Queensborough carries additional requirements for new construction and additions.
For Comparison – The Stricter Vancouver Requirements
Homeowners often ask how New Westminster compares to Vancouver. The City of Vancouver applies the VBBL, whose basic guidelines for creating a secondary occupancy include, but are not limited to, the following:
- Ways out: a 3′-wide hard-surface path from the street to the suite door, exit doors that are never locked or obstructed from outside, and bedroom windows free of bars with at least 3.77 sq. ft. of clear opening.
- Early warning: hard-wired smoke and carbon monoxide alarms in every bedroom, interconnected with the main house and fitted with battery back-up.
- Separation: solid-core, self-closing doors where the suite meets the house, with sound plaster or 1/2″ gypsum board on the shared walls and ceilings.
- Room to live: 400 sq. ft. minimum, no larger than the main dwelling, with 6′-6″ ceilings over exit routes and 80% of the floor, and the floor no more than 6′ below adjacent grade.
- Services: an electrical service that can carry both units, the required outlets in each room with GFCI protection by water, properly vented plumbing and gas, and a strapped hot water tank.
- Permits and parking: development, building and trade permits, a single suite per home, and on-site parking for the whole property.
As a general rule, New Westminster works to the BC Building Code, which is less restrictive than the VBBL on several of these points. In a New Westminster character home, though, the harder question is usually what the existing structure and services will allow. Specifics will vary from house to house, so we assess 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.
