Garden Suites Redefined: What the Latest Changes Mean for Homeowners

The recent Ontario Regulation 462/24, made under the Planning Act, amends several provisions related to additional residential units (ARUs) in urban settings, particularly as it impacts garden suites. This regulation, effective from November 2024, addresses the conditions under which additional units—such as Garden suites—can be constructed on residential parcels of land. Let's break down how these changes may impact Garden suites:

Key Amendments and Implications for Garden Suites

1. Definition of Additional Residential Units (ARUs): The regulation introduces more precise definitions around additional units on properties, including detached houses, semi-detached houses, or rowhouses. Specifically, it expands the scope to allow not only a second but a third residential unit, including units located in ancillary buildings or structures on the property. Garden suites fall into this category as ancillary structures, provided they meet other requirements set forth by the regulation.
   

2. Urban Residential Land Standards: A significant shift comes in the updated requirements for parcels of urban residential land. Previously, there may have been limitations on how much of a parcel could be covered by buildings or structures. Now, the regulation allows up to 45% of the parcel surface to be covered by buildings and structures, which is more generous than before. This provides more flexibility in the construction of Garden suites alongside primary homes, especially in more densely populated urban areas.
   

3. Angular Planes: Under section 4 of the updated regulation, buildings containing additional residential units, including garden suites, may penetrate the angular plane described in local bylaws, subject to other height and setback requirements. This means that, while garden suites may generally be constrained by municipal height and setback rules, the updated regulation allows for some flexibility if municipal bylaws permit structures to penetrate the angular plane, potentially making it easier to fit garden suites into available space.
   

4. Distance Between Structures: The new regulation sets a minimum distance of 4 meters between buildings or structures on a parcel, specifically when one of the structures contains a residential unit. This is an important consideration for Garden suites, as the requirement may impact how close a Garden suite can be built to the main house or other structures on the property. Municipalities may also override this with specific zoning bylaws.
   

5. Municipal Bylaw Overrides: The regulation allows municipal bylaws passed under section 34 of the Planning Act to take precedence in certain cases. For example, a bylaw could permit more than 45% of a parcel to be covered by buildings or allow structures to be placed closer than 4 meters apart, overriding the provincial standard. Local municipalities can thus still impose stricter or more lenient conditions based on specific community needs. Broader Impact on Garden Suites
   

   These changes provide fewer restrictions on property use. Urban areas, particularly those facing housing shortages, may benefit from the increased flexibility in residential density. For homeowners previously tight on backyard space, Garden suites are now more viable as an option for creating additional living spaces for family members or rental units. With a clearer path for Garden suites to become a staple in urban housing solutions and provisions that promote more flexible land use, homeowners wishing to add these units face less barriers than they once did. Although, municipalities retain some discretion to impose stricter rules, these changes represent a move towards supporting sustainable and diversified housing options. Note: City of Toronto has confirmed that their online resources reflecting angular plane and setback updates will be published in due course.