There are many names for suites including secondary suites, legal suites, mother-in-law suites, authorized suites, and non-authorized suites. Scroll to the bottom of this page to find definitions of each of these.
Getting clear on all of these names will help educate you on what a secondary suite consists of based on information provided by the City of Nanaimo.
What Constitutes a Secondary Suite?
- separate space with own or shared entry way
- separate sleeping area
- kitchen
- minimum of a 3 piece bathroom
In 2005 the City Council voted to allow suites in most single family dwellings. This process meant that the home builder or a home owner needed to apply for a building permit to authorise, or to legalize a suite and have all of the safety and building code issues adhered to. Some of the requirements of a secondary suite are:
- Height of rooms or spaces – The height shall not be less than 2.0 metres or 6’6 ¾”
- Fire separation between the suite and the main dwelling with smoke alarms.
- It must be located in a building containing only residential occupancy
- The secondary suite is located in or is part of a building containing only one other dwelling unit
- The area of the secondary suite cannot exceed 90 m2 of finished living area (This does not include the areas used for common storage, common laundry facilities or common areas used for egress)
- Kitchen and bathroom fans are to exhaust to the outdoors (Legal suites only)
- Hinged exit door with door viewer or clear glass
- Minimum bedroom window opening size (minimum 15” width/height, minimum 3.75 square feet in area).
- The area of the secondary suite cannot exceed 40% of the total living floor space of the building it is located in.
- The Secondary suite cannot be subdivided for the building it is part of under the strata property act.
- Secondary suite to have its own heating and electrical system independent of the rest of the building.
- There is only one secondary suite permitted in the building
What is an unauthorized suite?
An unauthorized suite is an illegal suite.
Here is what consititutes an unauthorized suite:
-A suite built pre or post 2005 that does not meet the safety standards outlined by the City of Nanaimo.
-A suite built without a permit
What is an authorized suite?
In order for a suite to go from unauthorized to authorized, a building permit must be applied for and issued to correct the deficiencies identified by the Building Code. The legal owner would need to call the City, ensure that the zoning bylaw allows suites in that area, and then apply for a building permit. This will allow the city building inspector to perform necessary inspections and confirm that visible work meets BC Building code standards for life safety issues only. The City will then put a notation on the title of the home stating it is “authorized with a notice on title.” This means that interested parties will learn that the suite was not fully constructed under a building permit.
What is a mother-in-law suite?
There is actually no definition for this; it doesn’t matter who you rent to — mother-in-law or not — the suite needs to be either authorized or legal in order to rent it.
How do I remove a suite?
There are a few cases where authorizing a suite won’t be possible. For example, if you’re not able to install windows in a bedroom or if ceiling height isn’t high enough, the City will ask for removal of the suite. This means removing one of the following:
- Bathroom
- Kitchen (everything – counters, cabinets, appliances, all electrical including countertop plugs, 220 plug for stove, and rangehood wiring)
- A significant separation of space between the two former dwellings, returning the house to a single family dwelling.
What are city user fees?
All authorized and legal suites — and many illegal suites — pay double user rates for sewer and garbage.
Homeowners with authorized or legal suites that are currently unused can avoid paying double user feed by notifying the city of their situation.
How do suites affect my mortgage financing?
In terms of using rental income to qualify for a mortgage, the suite must be legal or authorized. If the suite is unauthorized, then you cannot use the income from the secondary suite to qualify for your mortgage.
For more information about secondary suites in Nanaimo, click on this helpful link from the City of Nanaimo.
If you want any additional information about homes with suites that are currently available, please call me at 250-713-7064 or email me at susan@nanaimorealestate4sale.com.
I look forward to helping you with your real estate needs!