What is it?
A garden suite is a small home built in the backyard of a lot that already has a main house. It is a separate building, not attached to the house, with its own kitchen and bathroom, so one household can live there on its own.
Toronto’s Zoning By-law 569-2013 defines it as self-contained living space in an ancillary building (a secondary building on the lot) that does not abut a lane. If the backyard building sits next to a public lane, it is a laneway suite instead, with different rules.
What does Ontario law say?
Section 35.1 of Ontario’s Planning Act lists things city zoning cannot ban. On urban residential land with a detached house, semi or rowhouse, zoning cannot ban one unit in an ancillary building if the main house has no more than two units and no other ancillary building has a unit.
"Cannot be banned" does not mean "anything goes". Each city’s zoning by-law still sets size, height and spacing rules, and the building must meet the Ontario Building Code.
Since November 20, 2024, the provincial regulation O. Reg. 462/24 has changed some zoning standards (angular planes, minimum separation, maximum lot coverage, floor space index and minimum lot area) where a lot will have three units or fewer.
Where can you build one in Toronto?
- Toronto City Council adopted the Official Plan and zoning by-law changes that allow garden suites on February 2, 2022. The City then monitored the results and changed the rules again, and its page says those changes are now in force.
- They are allowed, subject to standards, in the R, RD, RS, RT and RM residential zones of Zoning By-law 569-2013. Look up your zone by address on the City’s Interactive Map.
- The garden suite amendment (By-law 101-2022) does not apply to land still under a former city’s zoning by-law (such as Etobicoke or the former North York). For those, the City says to call Toronto Building at 416-397-5330.
- One garden suite with one unit is allowed per property.
- An existing garage or shed can be converted. If it was built with a permit, it gets relief from the setback and separation rules. If it was built without a permit, it is treated as a "new building" no matter how old it is, and all current rules apply.
Size and spacing rules (Toronto)
The numbers below are what the City of Toronto’s pages say. The exact height and setback (distance from the property line) rules are in Chapter 150.7 of the zoning by-law and the City’s "Summary of Rules and Regulations".
| Item | City of Toronto guidance |
|---|---|
| Footprint | Total building footprint of up to 60 square metres |
| Interior floor area | Must be less than the gross floor area (GFA) of the main house. The basement and any "open to below" space count |
| Distance from the main house (where O. Reg. 462/24 applies) | At least 4 m (or less if City rules allow less). A suite taller than 4 m must be at least 7.5 m from the main house. At a 4 m distance, it can be up to 4 m tall (garden suites in Ward 19: up to 6.3 m tall) |
| Lot coverage (where O. Reg. 462/24 applies) | House and suite together up to 45% of the lot (or more if City rules allow more) |
| Storeys and basement | Two storeys are possible if the rules are met, and a basement is allowed |
| How height is measured | From "average grade", the average ground level around the building |
The City keeps updating these standards. Get a Zoning Review before you design, to confirm the current rules.
Fire access — the most common hurdle
In a fire, firefighters must be able to get from the street to the suite’s door. This rule comes from the Building Code, not zoning, and Toronto Building and Toronto Fire review it. That is why it cannot be changed with a minor variance.
| Item | Requirement |
|---|---|
| Path width and height | At least 0.9 m wide with sprinklers, or 1.0 m without, and 2.1 m high |
| Path length | Up to 45 m from the public street to the suite entrance |
| If it is farther | Up to 90 m with an extra safety measure the City accepts (sprinklers, or stronger fire-protection materials) plus an exterior strobe light and alarm system |
| Hydrant | A fire hydrant within 45 m of where the fire truck parks |
If your own lot is too narrow, you can share the path with a neighbour through a Limiting Distance Agreement. It is signed with the City and registered on title, and the City charges its lawyer’s fee ($274.65 per hour). You will need a lawyer.
Steps and costs to build
- Check zoning: zone, size and spacing. The City recommends getting a Zoning Review (Zoning Applicable Law Certificate) first.
- If you are slightly short of a rule: apply to the Committee of Adjustment for a minor variance before the building permit.
- Check trees: private trees 30 cm or more in diameter and trees on City streets are protected. Include a Tree Declaration Form.
- Apply for a building permit: submit drawings by a designer and the forms online. You cannot build without a permit (Building Code Act, section 8).
- Water and sewer: these are meant to connect from the main house, and the Building Code limits running pipes under another unit.
In Toronto, development charges are waived for the second, third and fourth unit on a lot with no more than four units. Parkland dedication is waived for a second, third or fourth unit inside the main house and/or one unit built beside it (such as a garden suite), as long as the lot has no more than five units in total (Municipal Code 415-30(A)(16)). Permit fees as of January 1, 2026 include $56.33 per new unit plus area rates (for example $18.56 per m²). Check the exact calculation on the City’s Building Permit Fees page.
If you rent it out
A garden suite is a self-contained home, so renting it out usually falls under the Residential Tenancies Act (RTA). You must follow the Ontario Standard Lease, the eviction process and the rent deposit rules. The exception for tenants who share a kitchen or bathroom with the owner (RTA section 5 (i)) usually does not apply.
Units in a new building first lived in after November 15, 2018 may be exempt from the yearly rent increase guideline (RTA section 6.1). Whether your unit qualifies is a legal question, so check with a lawyer or the LTB’s guidance.
Rental income must be reported for tax, and a new building can lead MPAC to review your home’s assessed value. Ask MPAC and the City how your property tax may change.
How it differs from a laneway suite and a basement unit
| Garden suite | Laneway suite | Basement unit (secondary suite) | |
|---|---|---|---|
| Where | Backyard building, not on a lane | Backyard building next to a public lane | Inside the main house (often the basement) |
| Fire access | From the front street, past the house | From the front street or a side street at the end of the lane | Uses the main house’s exits |
| Size (Toronto) | Total footprint up to 60 square metres | Up to 8 m wide by 10 m long | Space inside the house |
Other GTA cities such as Markham, Vaughan, Richmond Hill and Mississauga have their own zoning rules. This page covers Toronto, so check other cities’ websites and building departments.
Example and what to check when buying
- If a listing mentions a garden suite, ask for the building permit and final inspection records. A suite built without a permit may not be a legal unit.
- You cannot sell the suite on its own. Severing the lot so the house and the suite sit on separate lots is not permitted.
- If a tenant lives there, the lease passes to the new owner. Check the lease, the rent and the deposit.
You buy a detached house in East York (RD zone) and plan to build a garden suite to rent out. The side path from the street to the suite entrance would be 52 m, more than the basic 45 m. Your designer adds sprinklers plus an exterior strobe light and alarm system to use the 90 m limit, and because part of the side path is narrower than 0.9 m, you sign a Limiting Distance Agreement with your neighbour.
What the law and official sources say
Quotes are copied word for word. The "In plain words" lines are our explanation, not an official translation.
means a self-contained living accommodation for a person or persons living together as a separate single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupant(s) of the suite and is in an ancillary building not abutting a lane. A laneway suite is not a garden suite.In plain wordsA garden suite is a self-contained home with its own kitchen and bathroom, in a secondary building that does not touch a lane. A laneway suite is a different thing.
Source: toronto.ca/zoning/bylaw_amendments/ZBL_NewProvision_Chapter800.htm · checked Oct 30, 2026
The authority to pass a by-law under section 34 does not include the authority to pass a by-law that prohibits the use of, … (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.In plain wordsA city cannot use zoning to ban one unit in a backyard building on urban residential land where the main house has no more than two units. The city can still set standards such as size and location.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
The Zoning by-law requirement for the interior floor area of an ancillary building containing a garden suite or laneway suite to be less than the gross floor area of the residential building on the same lot continues to apply. … In addition, laneway suites are limited to a maximum size of 8 metres in width by 10 metres in length and garden suites are limited to a total building footprint floor area of 60 square metres.In plain wordsThe suite’s interior floor area must be smaller than the main house. Garden suites can have a total footprint of up to 60 square metres; laneway suites can be up to 8 m wide by 10 m long.
Source: toronto.ca/city-government/planning-development/planning-studies-initiatives/expanding-housing-options/ · checked Oct 30, 2026
A maximum of 45 metres in length measured from the public street to the entry of the Garden Suite, or, A maximum of 90 metres in length measured from the public street or a flanking street through the property to the entry of the Garden Suite along with at least one additional fire-safety measure, acceptable to the City of Toronto. A fire hydrant must also be located within 45 metres of where a firefighting vehicle would park in front of the subject property or at the intersection of a flanking street.In plain wordsThe path from the street to the suite entrance must be 45 m or less, or up to 90 m with an extra safety measure the City accepts. A hydrant must be within 45 m of where the fire truck parks.
Source: toronto.ca/services-payments/building-construction/building-permit/before-you-apply-for-a-building-permit/building-permit-application-guides/renovation-and-new-house-guides/new-garden-suite/providing-fire-department-access-to-a-new-garden-suite/ · checked Oct 31, 2026
Severances (a division of land) which would result in a primary dwelling and a garden suite being on two separate lots are not permitted.In plain wordsYou cannot divide the land so that the main house and the garden suite end up on two separate lots. The suite is bought and sold with the house.
Source: toronto.ca/city-government/planning-development/planning-studies-initiatives/garden-suites/ · checked Oct 30, 2026
No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official.In plain wordsNo one may build or demolish a building until the city’s chief building official issues a permit. That includes a garden suite.
Source: ontario.ca/laws/statute/92b23 · checked Oct 30, 2026
Common questions
Can any Toronto house have a garden suite?
No. The lot must be in a residential zone (R, RD, RS, RT, RM) and meet the size, spacing and tree rules and the fire access standard. A narrow side path or a long distance from the street often stops a project. Get a Zoning Review before you design.
Can I sell the garden suite separately, like a condo?
Not in Toronto. The City does not allow a severance that would put the house and the garden suite on separate lots. They are bought and sold together.
Can I build one for my parents?
The same permit and rules apply even if family lives there. If you rent it out later, the Residential Tenancies Act (RTA) may apply, so it is wise to build it as a legal unit from the start.
Should I buy a house with a backyard unit built without a permit?
Be careful. A building without a permit may not be a legal home, and the City could order it fixed or removed. Before you offer, check permit records with the City and talk to a lawyer about conditions.
Do Markham or Vaughan have the same rules?
The Planning Act framework (zoning cannot ban one unit in an ancillary building) is the same, but size and spacing rules differ by city. This page covers Toronto, so check that city’s zoning by-law and building department.
Guides that use this term
Sources checked
- City of Toronto, Garden Suites · checked Oct 30, 2026
- City of Toronto, Expanding Housing Options in Neighbourhoods (O. Reg. 462/24) · checked Oct 30, 2026
- City of Toronto, Zoning By-law 569-2013 Chapter 800 Definitions · checked Oct 30, 2026
- Toronto Building, New Garden Suite (permit guide and fees) · checked Oct 31, 2026
- Toronto Building, Providing Fire Department Access to a New Garden Suite · checked Oct 31, 2026
- Planning Act, s. 35.1 (e-Laws) · checked Oct 30, 2026
- Building Code Act, 1992, s. 8 (e-Laws) · checked Oct 30, 2026
- Residential Tenancies Act, 2006, ss. 5, 6.1 (e-Laws) · checked Oct 30, 2026