Toronto Condo and Real Estate Blog

Robinson, a retail fashion buyer who lives in downtown Toronto, was shopping for a condo and visited the presentation centre for The Uptown Residences the first day it opened.

“I went over to take a look, was interested and actually bought that day,” Robinson said. “It was important for me to stay downtown. I wanted to be right around the Bloor Street/Yorkville area, which I love, but at the same time not pay more than I felt I could afford. The Uptown had something that was in my price range.

“With it’s elegant, Art Deco inspired architecture, The Uptown Residences will rise an impressive 48 storeys on Balmuto Street just across from the Manulife Centre, surrounded by retailers Holt Renfrew, Gucci and Chanel, and just a short walk from the fashionable shops and restaurants of Yorkville.

Robinson said the building’s location is ideal because it’s so close to everything. “It’s great for shopping and if you want to go to the ROM or the AGO or somewhere else downtown, it’s so easy. I just love the downtown lifestyle and I don’t think you could get more central than this.

“The condo’s architecture, choice of floor plans and quality of interior features and finishes offered by developer The Pemberton Group all made an impression on Robinson, who purchased the two-bedroom Bacall suite.

“It’s got a huge wrap-around balcony. It looks over Bloor Street and Holt’s and over the courtyard of the Manulife Centre. In the summertime, it’s going to be amazing,” she said.

The Uptown has 284 condos ranging in price from the $300’s to approximately $2 million for the largest luxury penthouse.

Floorplans offer a wide variety of sizes and layouts. One bedroom suites, that start at 495 square feet, are available with and without dens. Two-bedroom suites start at 828 square feet and the Uptown is one of the few condos in Toronto to offer not only two-bedrooms with dens, but also two-bedrooms with libraries or family rooms.

Robinson said the layout of her condo is well thought out. One thing that appeals to her is that the second bedroom is on the opposite side of the unit from the master bedroom. And the suite’s open-concept layout works for her too.

“I like that the kitchen is open to the living room. It’s good for entertaining. People tend to hang around the kitchen anyways but this way, you’re not in two different rooms,” Robinson said.

Reflecting the building’s premium location in the heart of downtown Toronto, Uptown is offering a high quality list of features and finishes.

Starting in the kitchen, suites have stainless steel Bosch appliances, granite countertops, double stainless steel sinks, extra tall upper cabinets and full-extension kitchen drawers with metal guides.

Bathrooms offer marble, porcelain, or ceramic floor tiles, marble or granite countertops, designer vanity mirrors, Moen faucets with wing handle, ceiling pot lights, and a frameless glass shower door in bathrooms with separate showers.

Living areas offer hardwood flooring, sliding closet doors with mirrors and high baseboards. Units also have individual heat pumps and separate hydro metering.

“The finishes are great. It looks like a good quality building.” Robinson said. “Also, the Uptown’s design is not too modern. I wanted something with a little more elegance and I think this will be it.

“A six-storey podium with a granite exterior will house the Uptown’s two-storey lobby, with 24-hour concierge services, and the Uptown Club, with 10,000 square feet of fitness, social and other leisure and lifestyle amenities.

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Contact the Jeffrey Team for more information

“Untangling the web”
By Carson Dunlop

In a city like Toronto, where the apartment vacancy rate is low and real estate values are high, many people rely on the rental income from a basement apartment to give them the edge they need to own a home. But is it a ‘legal’ apartment? If not, how can it be made ‘legal’? In the process of legalizing the apartment, will I be inviting ‘trouble’? What if the ‘city’ prescribes improvements that are prohibitively expensive? What if the ‘city’ decides that I can’t have an apartment?

Catch 22

Homeowners with a basement apartment would like to find out what it would take to ‘legalize’ the apartment, but they want to find this out without tipping off the authorities.

The only way to know for sure what will be required is to have inspections done by the appropriate authorities.

This report sheds some light on this complicated subject. We will look at basement apartments including:
* Key concepts
* The history
* The evaluation process
* Four key issues
* The rules
* Inspections and their costs
* Where to get more information

Definitions

Is it ‘legal’?

‘Legal’ involves five separate issues including:
* Do the local bylaws permit you to have a basement apartment?
* Does the apartment comply with the fire code?
* Does the apartment comply with basic building code requirements?
* Does the apartment comply with basic electrical safety requirements?
* Has the apartment been ‘registered’?

We will look at these issues more closely.

Building code vs. fire code

The Building Code prescribes minimum requirements for the construction of buildings. For the most part, the Building Code is a code that applies only the day the house was built. The code changes over the years, but we don’t have to keep changing our houses to comply with the code. The code does not apply ‘retroactively’.

The Fire Code is a subset of the Building Code. It prescribes construction and safety issues as they relate to how the building is required to perform should it catch fire. A significant distinction with the fire code is that it can apply retroactively. Basement retrofit

Now that we know that the Fire Code applies retroactively, we can see where the phrase “basement retrofit” comes from. A new Fire Code was developed that applies to basement apartments. The code applies retroactively, so all basement apartments whether existing or new must comply with the new Fire Code. All owners of homes with basement apartments were given a period of time to upgrade their homes to comply with the new Fire Code. This ‘grace period’ has long since passed.

Certificate of compliance

All basement apartments have to be inspected to verify that they are in compliance. Once this has been verified and any improvements completed, the apartment is given a ‘certificate of compliance’.

Bylaws

We mention this term here to make sure that we don’t confuse bylaws with building codes. Bylaw in the context of basement apartments refers to whether you are permitted to have a basement apartment in your area and any special conditions involved. Bylaws are set by municipalities to keep people from being a nuisance to their neighbours. Codes are health and safety rules to protect occupants.

Basement Apartments – The History

Prior to 1993, there was little to worry about. After 1993, a permit was required to change a home from single family to multi-family.

In 1994, the NDP government in Ontario said that we could ignore local bylaws that prohibited second dwelling units in houses if certain conditions were met.

In 1994, the province set new Fire Code rules for basement apartments. A deadline was established for all existing basement apartments to upgrade to the new fire code. Upgrading to comply with the new fire code is called a “retrofit”. The owners were allowed to apply for an extension for up to two years past the deadline if they had financial or logistical obstacles. Even with the extension, the deadlines have long since passed.

In 1995, the provincial Conservative government told municipalities that they could enforce their bylaws regarding basement apartments. A grand-fathering clause says that apartments existing before November 1995 do not have to meet local bylaws.

The Evaluation Process

New Units

If you are thinking of adding a basement apartment here is the procedure:
* Check the Zoning Bylaw at City Hall Buildings Division to find out if basement apartments are allowed.
* You would then apply for a building permit. Keep in mind that you will have to comply with today’s building codes.

Existing Units

This report will focus on existing homes with a single basement apartment.

* The first step is to check with Municipal Property Standards or the Fire Department for a Certificate of Compliance. If there is one, you are done!
* If the unit is not registered, you need to do some more work
* Verify that zoning bylaws permit a basement apartment. In most cases they do.
* The next step is to have the fire department inspect the home. They will verify compliance with the fire code. This is the most daunting part of the process because any deficiencies will have to be corrected by order of the fire marshal.
* The next step is to have the Electrical Safety Authority (which used to be called Ontario Hydro Inspection Department) inspect the electrical system. Once again, you will be required to make any improvements that are prescribed.
* If the apartment unit passes the inspections, the unit can be registered with Municipal (Property) Standards (If not, improvements may cost $15,000 or more).

Four Key Elements

There are four key areas regarding fire code compliance. They all have to do with the safety of the occupants:
* Fire containment.
* Mean of egress.
* Fire detection and alarms.
* Electrical safety.

Let’s look at each of these.

1. Fire Containment

The goal is to contain the fire in the unit that the fire started, long enough to get all of the occupants out of the house. This means that any walls, floors, ceilings and doors between units should control the fire for at least a few minutes. These components are given ‘ratings’ of how long they will survive a direct fire before burning through. A 30 minute rating means that the component will control the fire for at least 30 minutes.

The typical requirement is a 30 minute separation between the units.

* Drywall and plaster are acceptable. but suspended (T-bar type) ceilings are not.
* The ceiling must be continuous. For example, this means that you can’t have exposed joists in the furnace room – this area has to be drywalled or plastered as well.
* Doors should be solid wood or metal – at least 1¾ inch thick.

2. Means of Egress - Escaping the home

The goal is to allow the occupants to get out of the house if there is a fire. There are two common situations; either each unit has its own exit, or there is a common exit. If each unit has its own exit, you are all set. If the units share an exit, it is more complicated.

A common exit is allowed if it is ‘fire separated’ from both of the units with a 30 minute rating. If the common exit is not appropriately fire separated, you can still use this common exit as long as there is a second exit from each dwelling unit and the fire alarms are interconnected (if one alarms, the others will alarm as well).

Here is an example. There is a common exit area but the common area does not have a 30 minute fire separation between both of the units. If there is an ‘acceptable’ window for an escape route and the smoke alarms are interconnected, we are all set.

What is an acceptable window?
* The windowsill must be within 3 feet of grade. We don’t want people jumping and breaking a leg.
* The smallest dimension is 18 inches.
* The opening is at least 600 square inches (30 inches by 20 inches for example)
* If there is a window well on a basement window, it must extend 3 feet out from the house wall, to allow room to crawl out.

3. Fire detection

All units must have smoke alarms. The owner of the property is responsible for ensuring that there are smoke alarms and that they are maintained. The smoke alarms do not have to be interconnected unless the fire separation to the common exit area does not have a 30 minute rating (Note: It must have at least a 15 minute rating).

A carbon monoxide detector (CO detector) may be required by the city.

4. Electrical Safety

An electrical inspection by the Electrical Safety Authority is required. The Electrical Safety Authority used to be called Ontario Hydro Inspection Department. All deficiencies must be addressed.

General Rules

Here are a few rules that your apartment must meet.
* All bathrooms need either a window or an exhaust fan
* If there is a parking spot for one of the units, there must also be a parking spot for the other unit (yes, you read it correctly!)
* The minimum ceiling height is 6 feet 5 inches
* The entrance door size must be at least 32 inches by 78 inches

Inspections and their costs

As we already pointed out, two inspections are required, fire code inspection and electrical safety inspection.

Once the inspections are done, you will be required to make the prescribed improvements. Improvements may be minor, but can cost $15,000 or more.

There is lots of room for the inspectors to be more or less ’strict’. In municipalities that encourage basement apartments, the inspection may be lest strict. In municipalities that discourage basement apartments, the inspection may be more strict.

Inspections for fire code compliance cost between $120 and $300. Inspections for electrical safety cost $72.

The consequences

If you are going to represent the property as two family, verify that it is registered with Municipal Property Standards. Failure to comply can result in a $25,000 fine and one year jail term.

More information

The Second Suites kit from City of Toronto is a useful reference. Contact Shelter, Housing and Support at 416-397-4502.

From the Condo Guide Magazine

Ontario home builders predict land supply constraints and the resulting increases in land costs will be a significant barrier to efforts by the provincial government to accommodate employment and population growth in its Places to Grow growth plan.

In the recent Ontario Home Builders’ Association survey of its builder members, over 35% of builders cited land supply worries as a major problem. In addition, almost 40% of the builders surveyed said land costs and availability are the biggest barriers to housing affordability in Ontario.

“It’s an uphill battle trying to maintain new home affordability,” notes Brian Johnston, President of OHBA who adds, “Unfortunately, provincial legislation designed to speed up and simplify the residential building process isn’t working as it was intended, and that’s leading to frustration and costly delays.”

The main barriers to producing affordable housing cited by the builders include availability and cost of land (35.4%), red tape or bureaucracy and regulation (14.5%), development charges (13.8%), labour and material costs (11.6%), and other barriers (21%).

Another major issue facing Ontarians is eliminating the infrastructure deficit. The relatively fast pace of growth in the province has left some areas without adequate roads, transit and related services. In the OHBA survey, one-third of home builders cited infrastructure as a top priority for the 2007 provincial budget.

“The government has its work cut out for itself, but let’s face it, quality of life is enhanced by smoothly functioning roads and transit for the residents of this province and Premier McGuinty needs to continue to address this issue,” comments Johnston.

The top provincial budget priorities expressed by the builders, in rank order, were: infrastructure (33%); balance budget (22%); health care (21%); personal/corporate tax reductions (19%) and other priorities (4.3%).

That typically small-c conservative builders would put infrastructure so far ahead of balancing the budget and reducing taxes is quite an emphatic statement, which sends a strong message not only to the provincial government, but to the federal government as well, that infrastructure, primarily roads, transit, sewer and water, are vital to sustainable development, housing affordability and choice.

As for barriers to implementing the province’s growth plan, it is fascinating to note that the second most significant barrier cited by the builders after availability and cost of land, was local politicians. This likely speaks to builders’ concern with local elected officials who have not bought into the growth plan and/or their experience with the resistance to intensification which they often meet at city hall as some local politicians pander to the anti-growth forces which exist in any community.

Not far behind in the ranking of growth plan barriers were consumer preference at 13.4%, and NIMBYism, at 12.6%. By consumer preference, the builders are expressing their buyers reluctance with respect to the more intense forms of development called for in the growth plan.

Zoning/official plans (10.2%) and conservation authorities (8.7%) completed the builders’ ranking of barriers to implementing the province’s growth plan.

The pessimists outweigh the optimists as 60% of builders surveyed expect new-home starts to decrease in 2007 compared to 2006. Another 28% of builders expect the market to stay the same in 2007 while 12% expect housing starts to increase.

The OHBA is forecasting a decrease from the 75,000 housing starts anticipated this year to 69,000 next year. Ontarians are projected to spend about $17 billion on home repair and renovations in 2007.

“We expect the housing market will still be healthy,” says Johnston, who encouraged the provincial government to move forward with planned infrastructure projects. “With almost four million people expected to settle in the Greater Golden Horseshoe by 2031, Ontario has to invest in infrastructure and needs to work on fiscal and regulatory policies that will promote intensification.”

The Condo Guide Magazine is an excellent source of housing information for those looking for information on new condos in Ontario, Canada. We offer the most up-to-date information on new condominiums across the greater Toronto area.

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Contact the Jeffrey Team for more information