What is the Toronto garden suite bylaw?

Answered by AskBaily Editorial · Updated

Short answer

Toronto's garden suite bylaw, passed 2022, legalizes detached secondary dwelling units in the rear yards of most residential lots in Toronto. Maximum 60 sqm (645 sqft) or 80 sqm (861 sqft) on larger lots. Must meet specific setback, height, and landscaping requirements. Combined with Toronto's laneway suite bylaw (2018), most Toronto single-family lots can now accommodate a primary house + laneway suite + garden suite (3 units total).

In detail

Toronto's garden suite bylaw was adopted February 2022 after the 2018 laneway suite bylaw proved successful. Together, these two bylaws significantly expanded detached ADU options for Toronto homeowners.

Garden suite vs laneway suite:

  • Laneway suite (2018 bylaw) — detached unit on lots with direct access to a public lane.
  • Garden suite (2022 bylaw) — detached unit on lots WITHOUT laneway access.

Together, they cover nearly all Toronto single-family residential lots.

Garden suite standards:

  • Maximum size: 60 sqm (645 sqft) on most lots.
  • Maximum size: 80 sqm (861 sqft) on lots with certain characteristics (larger, specific shape).
  • Maximum height: 4 meters (one story) for most; 6.3 meters (allows pitched roof) in some cases.
  • Minimum rear setback: 1.5 meters.
  • Minimum side setback: 0.6 meters.
  • Tree protection: detailed requirements for preserving existing mature trees.
  • Parking: no additional parking required.

Laneway suite standards:

  • Maximum size: varies with lot depth.
  • Maximum height: up to 10 meters (3 stories) on many lots.
  • Rear access from public lane.
  • Design guidelines for compatibility with surrounding.

Total units possible on typical Toronto single-family lot:

  • Primary single-family dwelling (existing).
  • Secondary suite within primary (basement apartment) — allowed as of right.
  • Laneway suite OR garden suite (depending on laneway access).

So a typical lot can have 3 legal dwelling units.

Ontario Bill 23 and Bill 109 impact:

  • Bill 23 (2022) — More Homes Built Faster Act — requires Ontario municipalities to permit up to 3 units on most residential lots.
  • Bill 109 (2022) — amendments to Planning Act.
  • Together, these provincial laws accelerate what Toronto had already been pursuing through garden + laneway suites.

Toronto permit process:

  • City of Toronto Building Division handles building permits.
  • Toronto Building's online portal.
  • Typical simple remodel: 4-10 weeks.
  • Addition: 8-16 weeks.
  • Laneway or garden suite: 3-6 months.

Ontario contractor licensing:

  • Ontario does NOT have province-wide general contractor licensing.
  • Specific trades (electricians, plumbers, gas fitters) licensed by respective provincial authorities.
  • New home builders licensed through Tarion / HCRA (Home Construction Regulatory Authority) for new residential construction.

Toronto-specific considerations:

  • Heritage properties — Heritage Preservation Services reviews work on designated heritage properties.
  • Tree bylaw — Toronto has strict protection for private-property trees 30 cm+ DBH.
  • Ravine and Natural Feature Protection — specific zones with additional review (Rosedale, Forest Hill, parts of Bayview, etc.).
  • Fire code — specific Ontario Fire Code requirements.

Common Toronto garden suite questions:

  • "Can I build a garden suite in my yard?" — yes, on most residential lots meeting size, setback, tree protection requirements.
  • "Do I need a variance?" — not if design meets as-of-right standards.
  • "Can I short-term rent the garden suite?" — subject to Toronto's STR bylaw (principal residence requirement).
  • "Can I sell the garden suite separately?" — no separate title available; part of the primary lot.

Cost considerations:

  • Garden suite construction: CAD $200,000-$400,000 depending on size and finish.
  • Typical timeline: 6-12 months including design, permit, construction.
  • Financing: HELOC, refinance, or construction loan common.

AskBaily's Toronto contractor pool is familiar with garden + laneway suite bylaws, heritage review, and Ontario Bill 23 implications. See /toronto for deeper local context.

Sources

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