Accessory Apartments
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Town of Whitby
Accessory apartments, also known as basement apartments or secondary suites, is a room or a suite of two or more rooms, designed or intended for use by a person or persons, in which sanitary conveniences are provided and in which facilities are provided for cooking or the installation of cooking equipment.
Accessory apartments are allowed in the Town of Whitby in certain single detached and semi-detached homes. Review the Official Plan and Zoning By-law to learn more about the regulations. To verify if an Accessory apartment is permitted on your property, please Submit a Planning Inquiry.
An incentive program is available from April 1, 2024 to December 31, 2025 supported by the Town's Housing Accelerator Funding.
| Incentive Program - Town's Housing Accelerator Funding |
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Property owners who successfully obtain a building permit for an Accessory Apartment (Additional Dwelling Unit (ADU)) during the program have the option of entering into an "Additional Dwelling Unit Incentive Agreement" with the Town. The incentive is an equivalent payment to the property owner of select Town fees related to their Accessory Apartment work upon successful permit issuance. The select fees include, where applicable, ADU Building Permit Fees, Accessory Apartment Registration Fee, Curb Cut Fee, Development Charges for Education. The Accessory Apartment must be registered with the Town of Whitby By-Law Services by March 31, 2027* to align to Housing Accelerator Fund timelines. If you wish to participate please email HAF-ADU@whitby.ca. You are eligible to receive an Additional Dwelling Unit Incentive if you meet the following criteria:
Note: *The Additional Dwelling Unit must be registered as an Accessory Apartment with the Town of Whitby By-Law Services on or before March 31, 2027. If the ADU is not registered with Town of Whitby By-Law Services by March 31, 2027, the Owner shall pay back to the Town the amount paid as an incentive by April 30, 2027. It is the responsibility of the applicant to ensure that they request and schedule any and all required final inspections well in advance of March 31, 2027 in order to ensure that there is sufficient time to complete all required inspections, remedy any outstanding issues as may be required, and scheduling any necessary re-inspections. **Submissions should be made at least two weeks prior to December 31st and must be deemed complete no later than December 31, 2025. If a Minor Variance for zoning is required and has not yet been completed then the submission is deemed "incomplete". The Minor Variance decision must be final and binding at the time of a complete building permit application. There will be no exceptions or extensions to these deadlines. |
Apply for an accessory apartment building permit
If you would like to apply for an accessory apartment, please fill out the Building Permit Application. Before submitting your application please refer to our Electronic Building Permit Submission Standards, which will explain how to prepare your digital drawings.
For information on what is required for the submission and additional information please refer to the Accessory Apartment Guide.
If you are not the property owner, you will need to submit a Letter of Authorization Form.
Building Permit Application Options
| Option 1 (Email Pre-screening Submission) |
| Drawings, application and forms may be submitted via email. Email all documents to buildingpermits@whitby.ca. Refer to the Electronic Building Permit Submissions Standards for instructions on the email submission process. Where the pre-screening submission is deemed acceptable, the instructions on the next steps along with the credit card payment option will be forwarded to the applicant. |
| Option 2 (Paper Pre-screening Submission) |
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Drawings, application and forms may be submitted in person for pre-screening. Please visit: Town of Whitby – Building Services Division Where the pre-screening submission is deemed acceptable, the payment can be made by cheque, cash or debit. |
Required Inspections
You need to receive the following inspections for accessory apartments. Please contact:
- Contact a Licensed Electrical Contractor (LEC) to verify compliance with the Ontario Electrical Safety Code. After the assessment they can provide you with a Certificate of Acceptance. Read the instructions on submitting a Certificate of Acceptance.
- Contact Fire and Emergency Services to ensure the apartment meets the regulations in the Ontario Fire Code.
- Once you have submitted your Certificate of Acceptance, and all required building permits have been obtained as part of the Accessory Apartment Registration, Enforcement Services will conduct an exterior inspection of the lands.
Some inspections may cost an additional fee.
Register an accessory apartment
Contact us to register the accessory apartment with our By-law Services Division. The following fees may apply:
- $257.00 to register an accessory apartment
- $510.00 to register an accessory apartment discovered due to a complaint
- $102.00 to transfer the registration permit
Submit a Certificate of Acceptance
There are two options to obtain a Certificate of Acceptance.
- Your Licensed Electrical Contractor (LEC) can provide you with a Certificate of Acceptance, although there is no prescribed form, the Certificate of Acceptance should contain:
- the ECRA/ESA licence number;
- the property address;
- a notice/inspection date (the inspection date must be within a reasonable timeframe of original installation);
- location of inspection;
- a customer ID number; and
- a general statement to certify the that electrical installation at the address was done in accordance with the requirements of the Ontario Electrical Safety Code.
- If you are unable to receive a copy from your LEC, you can complete and return the Access to Information form from the ESA website and email the completed application to RFI@electricalsafety.on.ca.
After the Certificate of Acceptance has been received, Enforcement Services will conduct an exterior inspection of the lands.
What are the risks to a landlord for an illegal or unsafe accessory apartment?
The following risks exist for landlords operating unsafe accessory apartment.
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Increased liability |
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The responsibility is on the homeowner to meet established standards for all accessory apartments. If anything happens, such as a fire, the homeowner may be found liable due to the failure to meet legal requirements. |
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Loss of insurance coverage |
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Having a rental unit in your home is a material change to your home. If you don't disclose this to your insurance provider, it may cause your insurance coverage to be null and void. |
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Limited recovery of damage |
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An insurance policy is not typically responsible for rebuilding costs related to meeting current established standards. Your insurance company may only be required to cover the cost to fix your home back to the state it existed at the time your policy commenced prior to damage. |
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Prosecution |
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You are breaking the law if your building doesn't comply with: You run the risk of being charged and you may face fines or imprisonment depending on the severity of the infraction. |
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Financing |
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Income from an illegal accessory apartment may not be considered when applying for a mortgage loan. |
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Tenants |
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As a landlord, you are obliged to maintain your accessory apartment in good operating order and you must follow all fire safety laws. Tenants may apply for rent reduction through the Landlord Tenant Tribunal where the unit fails to meet the prescribed municipal health, maintenance and property standards. |
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Tenant insurance |
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Your homeowner's insurance policy may not cover property owned by a tenant. |
Frequently asked questions
View the frequently asked questions about accessory apartments.
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What is an accessory apartment? |
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An accessory apartment is a room or a suite of two or more rooms, designed or intended for use by a person or persons, in which sanitary conveniences are provided and in which facilities are provided for cooking or the installation of cooking equipment. |
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Do development charges apply to accessory apartments? |
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Development Charges for an accessory apartment in an existing home, or in a new home currently being built, would not apply (for the additional dwelling unit) as long as the additional dwelling unit meets the requirements under O.Reg 454/19. Education Development Charges for the Durham District School Board and Durham District Catholic School Board would still apply for all accessory apartments, if the original home was recently constructed and has been occupied less than 12 months. |
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What if I don't register my accessory apartment or don't do the work in the inspection report? |
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The Fire Department and By-law Services my lay charges and prosecute the owner of an illegal accessory apartment. |
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What requirements are in the Property Standards By-law to ensure the owner of an accessory apartment maintains their property? |
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The Property Standards By-law requires that all property owners in Whitby maintain the exterior property area around any building to ensure it is safe and in good repair. It also requires property owners to maintain minimum occupancy standards to ensure a safe living environment for tenants. |
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Will there be a regular follow-up inspection of all accessory apartments once they are registered? |
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Enforcement staff will rely on requests for investigation at specific addresses from complaints we receive. Complaints may be received by a resident in the area or from a tenant of one of the units. Every request will be investigated to ensure that property is in compliance with relevant by-laws. Also, the fire department may request to conduct inspections periodically to ensure the fire safety elements of the buildings are maintained. |
File a complaint
If you believe that an accessory apartment exists without receiving proper permits, approvals and inspections, you can file a by-law complaint.
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