Recognizing the growing need for affordable housing options, Council approved changes to the City of Cranbrook’s Secondary Suites Implementation policy Monday April 17, 2023, extending the grace period for pre-existing, non-conforming suites to become compliant to April 30, 2025.  This grace period is not for homeowners creating new secondary suites.

Recent challenges in the City’s building market have seen construction labour shortages, limited supply and high costs of building materials create high costs for all renovations, including additions of secondary suites during the past two years of the grace period. The City sees these factors as important, but not the only factor in the low uptake by property owners to date to bring their pre-existing, non-conforming secondary suites into conformance.

This policy, first approved by Council in 2021, provides an approach to attract property owners to legalize existing non-conforming secondary suites where no previous building permits were in place. This is a significant effort to ensure these suites meet the building code's requirements and to ensure the health and safety of those living in them.

Processes are now in place in the City of Cranbrook to allow for residents with pre-existing, non-conforming secondary suites to transition those to legal suites. By legalizing your suite, the City can ensure the suite meets all safety and building requirements. This can also help with any future sale of the property, providing assurances to potential buyers that the suite has been approved by the City.

What is a Secondary Suite?
A secondary suite is a self-contained dwelling unit that is part of a house containing not more than two dwelling units (including the secondary suite) and any common spaces such as common storage, common service rooms, common laundry facilities or common areas used for egress. These common spaces when shared by both tenants are treated as additional fire compartments.

Secondary suites (sometimes called basement suites, mother-in-law suites or granny suites) have their own kitchen, bathroom and entrance.

A secondary suite is recognized in the British Columbia Building Code with its own unique list of health and safety requirements for items such as fire separation requirements, options for co-dependent and independent ventilation/heating/cooling systems, options for smoke alarm interconnection, egress routes and bedroom egress windows, to name a few. For a comprehensive list of Building Code requirements applicable to secondary suites please refer to the current edition of the British Columbia Building Code here.

It is important to remember that a secondary suite can only be considered a legal secondary suite once it is has gone through a process of approval by our Building Department.
 

How to Legalize A Pre-Existing Secondary Suite
Getting an occupancy permit for a pre-existing suite is a similar process to constructing a new suite. Evidence must be provided through the building permit process to validate that the secondary suite conforms to the BC Building Code requirements.

Plans must accompany the Building Permit Application to show that pre-existing work was completed in alignment with the BC Building Code.

An initial courtesy inspection to provide guidance to the homeowner in the early stages of identification of requirements and alignment with Secondary Suite regulations may be necessary, at the discretion of the Building Inspector.
 

Grace Period
To encourage those with pre-existing, non-conforming secondary suites to legalize them, Council has approved an extension to the grace period (ending April 30, 2025) where property owners can legalize an existing suite. This amnesty period is also extended to those residents who already have existing legal secondary suites. After the amnesty period, owners will be required to pay all associated fees and will be subject to penalties and possible decommissioning of the secondary suite.

Illegal suites face insurance and mortgage implications, as well as penalties from the City if discovered and an occupancy permit is not obtained in the designated timeline.


Local Municipal Bylaws
In addition to the provincial requirements (BC Building Code) for a legal secondary suite, municipal bylaws also play a role in determining eligibility or legality.

Your first step will be to determine if a secondary suite is permitted in your home with reference to where and what zone you live in within the City of Cranbrook.

Depending on the location of your home, there will be different zoning bylaws that you must follow. In some areas, a secondary suite is not allowed. The following information is an excerpt from our Zoning Amendment Bylaw No 4002, 2020 that identifies the areas where secondary suites are authorized:

RT, RS, R-1, RD, R-2, R-3, R-4, R-5, R-7, CD-1 Wildstone (Section D.2); CD-3 Shadow Mountain (Sections B.6 & C.6); CD-8 (Section 7).

As per Zoning Bylaw Section 4.17 Regulations for a Secondary Suite :

4.17 REGULATIONS FOR A SECONDARY SUITE:

1.            A secondary suite shall be developed and operated in accordance with the following regulations:

(a)          The secondary suite shall have an entrance separate from the entrance to the primary dwelling unit, either, from a common indoor landing or directly from the exterior of the structure and may also be connected by an interior door directly connecting the primary dwelling unit to the secondary suite.

(b)          There shall be no more than one (1) secondary suite developed in conjunction with the primary dwelling unit.

(c)           The development of a secondary suite shall comply with all relevant requirements of the British Columbia Building Code, as amended.

(d)          A secondary suite will require a Building Permit to be considered a legal secondary suite.

(e)          A minimum of one {1) on-site parking space shall be provided for a secondary suite.

Find the complete Zoning Bylaw here: https://cranbrook.civicweb.net/filepro/documents/573.

Permits & Inspections
Permits and inspections are under municipal control. First and foremost, you will need a building permit if:

• you intend to renovate a space in your home or basement to accommodate a secondary suite.
• you intend to construct an addition to your home to accommodate a secondary suite; or
• you intend to legalize your exiting illegal secondary suite.

Our Building Inspectors will advise you what further steps you may need to take for your secondary suite to become approved. Be sure to follow all the proper procedures for your best chance to be approved and to avoid any further fees and delays.

Why Building Permits and Inspections?

• Helps protect property value. Your home or business is an investment. If your construction project does not comply with the codes adopted by your community, the value of your investment could be reduced.
• Saves Money. Property insurers may not cover work or damages caused by work done without permits and inspections.
• Makes Selling Property Easier. When property is sold through a multiple listing association, the owner is required to disclose any improvements or repairs made and if permits and inspections were obtained. Many financial institutions will not finance a purchase without proof of a final inspection. If you decide to sell a home or building that has had modifications without a permit, this may have an impact on the sale of your home.
• Improves safety. Your permit allows the Building Inspector to reduce potential hazards of unsafe construction to provide for public health, safety, and welfare. By following code guidelines, your completed project will meet minimum standards of safety and will be less likely to cause injury to you, your family, and your friends or future owners. Mandatory inspections complement the contractor’s experience and act as a system of checks and balances resulting in a safer project.
• It is the Law. Work requiring permits are made such by City Ordinance. Work without a permit may be subject to removal or other costly remedies.

Building Permit Checklist For A Secondary Suite
The following is a list of standard information that the Building Department will require as part of your building permit submission for a Secondary Suite:

• Building Permit Application.
• Legal Description and copy of Certificate of Title. City Staff can “pull” title for your application, a charge of $22.00 will be applied when your application is submitted to the Building Division.
• Two (2) sets of plans showing all the information specific to the BC Building Code requirements for Secondary Suites unless a digital submission is provided.
• Site plan showing available parking spaces (3 required parking spaces, 2 – primary dwelling, 1 – Secondary Suite).
• Floor plan indicating location and use of rooms; complete construction details for all floor, roof, wall and relevant fire rated assemblies, fire separation locations and ratings, sound transmission ratings, doors sizes and fire protection ratings, window sizes and locations, ceiling heights including heights under stairs beams and ducting, building elevations (if adding to the building) and any other aspects of construction to determine compliance with the BC Building Code.

An initial courtesy inspection to assist homeowners in the early stages of municipality may be necessary, at the discretion of the Building Inspector. Please note that incomplete application packages will not be processed and will be returned to the applicant.
 

Questions?
If you have questions or require additional information, please contact:

Tony Luce, Building Inspector/Planning Supervisor
Phone: 250-489-0236
[email protected]

Rob Dunker, Building Inspector/Planning Technician
Phone: 250-489-0229
[email protected]

Elli Keats, Engineering Clerk/Assistant Approving Officer
Phone: 250-489-0207
[email protected]