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Legal, Illegal and Non-Conforming Suites

Illeagal suites In CalgaryAs a Realtor I am often asked about "legal and illegal suites" Hence the following information is supplied to assist home buyers, home sellers and people renting suites in the City of Calgary.

Please note this is intended as general information only. It is based on the City of Calgary Land Use Bylaw (2P80) and The Municipal Government Act, which should be consulted for specific rules and definitions.

This information has been simplified and should not be interpreted as conclusive or comprehensive. Each property and situation is unique. The following gives a description of the three different categories of suites:

These suites were constructed with proper permits and met all the rules at the time they were constructed and these suites still meet the present day rules. They may also have been approved on a development permit allowing relaxation of the rules.
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These suites were built illegally without all the required permits or did not meet the rules. We often hear of these suites referred to as “mother in law” suites.
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These suites were built legally at the time of construction however; they do not meet the present day rules. These are usually the result of the land use (zoning) being changed or the rules being changed. This term is often referred to as “legal” non-conforming because they are considered to be legal. This status may be lost if a building is destroyed or damaged to more then 75% of its value or if the use is discontinued for more than 6 months.

The bylaws controlling private property have changed over the years. These changes have also included changes to the rules and definitions.

Without getting into a long involved legal discussion it is best to simplify the changes that have occurred and the way the City of Calgary enforces the rules:
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Prior to 1970
The courts have determined that anything constructed or in use prior to 1970 is considered to be non-conforming.
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The bylaws in effect at that time said the cooking facilities such as a stove, 220 volt wiring, hot plate, microwave oven or toaster oven) were not allowed in a basement suite.
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1983 to present
The current bylaws (Calgary Land Use Bylaw 2P80) say that a kitchen (cooking facilities as above, and also sinks, lower cabinets and counter tops) is not allowed in a basement suite.
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There are many ways you can determine the age of a suite such as contacting previous owners; interviewing neighbors; judging the age of fixtures, moldings, cabinets, wiring, etc.

The City of Calgary responds to complaints about illegal suites and inspects these properties to see if there is a violation of the Land Use Bylaw. Our Development Field Technicians, through their investigations, determine the date of construction and apply the rules as listed above. If a violation is found, the property owners are required to remove either the full kitchen or just the cooking facilities. If the owners fail to comply, legal action is taken against them.

The City of Calgary will not inspect properties for the benefit of lawyers, realtors, or perspective buyers to determine the legal status of a suite, nor will the City give a “letter of comfort” for this purpose.

A common misunderstanding occurs with R-2 properties. In order for two suites to exist, the rule states that the property must have a minimum 15-metre frontage AND 466 Sq Meters of lot area.


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