Garden suites can now legally be built in Toronto

Garden Suites/City of Toronto

Garden suites are now legal in Toronto after an appeals tribunal dismissed an attempt to block a bylaw permitting their construction.

In February, city councillors passed a bylaw allowing residents to build garden suites on their properties, but it was quickly appealed by a group of Toronto resident associations who claimed that the city “clearly over-reached provincial regulations.”

On July 4, the Ontario Land Tribunal dismissed the appeal from Building Better Neighbourhoods and sided with the city.

Garden suites, as the city describes them, are secondary dwellings located in the backyard of an existing property. They are “generally” smaller than the main house, and can be used to house parents, grandparents, or adult children. They can also be used as rental units.

The city touted them as a solution to Toronto’s “substantial housing needs.”

“This is good news and it will help get some more housing built,” Mayor John Tory said.

“Allowing garden suites across Toronto is a key step forward in expanding housing choice within the city’s neighbourhoods and creating a more inclusive and resilient city for current and future residents.”

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The bylaw officially took effect on July 5. If a proposed garden suite meets certain criteria, such as maximum height, only a building permit is required to begin construction. Proposals that don’t meet zoning requirements can seek a minor variance application.

“Housing is essential to every resident in our city and is key to building sustainable and inclusive communities,” said Deputy Mayor Ana Bailão, Chair of the Planning and Housing Committee.

“Garden suites and other initiatives to expand housing options in low-rise neighbourhoods are key to creating a diverse mix of housing choice that is affordable and accommodates people at all stages of life, household size, and income level.”