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Rules & incentives

Ontario's rules made plain.

What Bill 23 changed, what's generally permitted, the minimum size for a legal unit, and the grants and financing that can meaningfully lower your build cost.

Bill 23 in plain English

The province opened the door. Your city sets the details.


Ontario's Bill 23, the More Homes Built Faster Act (2022), allows up to three residential units on most urban residential lots, without a minor variance, as long as the units meet the building code and local rules. In practice this means a primary home plus, for example, a basement suite and a garden suite. Several municipalities have gone further and now permit up to four units. Ontario Regulation 462/24 (November 2024) further clarified the additional residential units framework on most urban lots. For additional units on urban lots it overrides angular-plane and floor-space-index limits, allows at least 45% lot coverage, and caps the required separation between buildings at 4 m.

Source: Ontario.ca, Bill 23 statute ↗

What's generally permitted

  • Up to 3 units on most residential lots province-wide
  • Up to 4 units in cities like Kitchener, Waterloo and London
  • At most one parking space per additional unit (none near major transit)
  • Both attached and detached suites, depending on the lot

Local bylaws still matter

Provincial permission is the starting point, not the whole story. Lot size, setbacks, height, lot coverage, conservation authority jurisdiction, heritage designations and servicing capacity are all decided locally. This is exactly why every DivineADU project begins with a property-specific feasibility review.

The technical stuff

Permits, inspections, code & servicing.

Most ADUs require a building permit. Our design partners prepare the drawings and we manage the application so you are not navigating City Hall alone. Some municipalities offer pre-approved plans that shorten review.
Construction is inspected at defined stages: typically footings, framing, insulation, plumbing, and final occupancy. We coordinate every inspection with the municipality.
All ADUs must meet the 2024 Ontario Building Code (in force January 1, 2025, as amended through 2026): fire separation, egress, ceiling height, ventilation, energy and structural requirements. Compliance is non-negotiable and central to a legal suite.
Water, sanitary and hydro must be provided to the suite. Detached suites usually trench services from the main home or street; this is a common cost driver worth scoping early.
Detached suites must respect side and rear yard setbacks, separation distances from the main home, and lot-coverage limits in your zoning bylaw.
Municipalities can require no more than one parking space per additional unit, and none in major transit station areas.
Since late 2025, a building within 10% of a required setback on most urban residential lots no longer needs a minor variance (hazard, shoreline and rail-adjacent lands excluded).
Second and third units are exempt from municipal development charges under the Development Charges Act (s. 2(3.2) and 2(3.3)); some school boards may still levy education development charges.
Paperwork

What your permit application needs.

Every municipality differs, but most ADU permit packages include:

  1. Property survey: A survey of your property.
  2. Zoning review: Toronto Preliminary Project Review or your city's equivalent.
  3. Site plan: Setbacks, separation, lot coverage, grading and drainage.
  4. Architectural drawings: Prepared by a BCIN-qualified designer or architect.
  5. Structural details: Structural details or an engineer's letter.
  6. Energy efficiency: An SB-12 summary and HVAC heat-loss and duct design.
  7. Servicing plan: Water, sanitary and hydro servicing, plus an electrical load assessment.
  8. Fire-access route: A fire-access route for detached suites.
  9. Conservation authority permit: Required if the lot is in a regulated area.
  10. Heritage or tree permits: Where applicable.
  11. HCRA builder licence number: For new detached garden or laneway suites.
  12. Sewage system (septic) permit: For unserviced lots.

DivineADU prepares and coordinates every item on this list.

Last reviewed: October 2026. Requirements change; confirm with your municipality.

How small can it be?

Minimum dwelling size.

Ontario's tiny home guidance sets a combined minimum living area of roughly 17.5 m² (about 188 sq ft): a 13.5 m² combined living/sleeping area, a 3.0 m² bathroom, and a 1.0 m² laundry. In practice, comfortable rentable suites are considerably larger, but the floor sets the legal minimum.

Source: Ontario tiny home guide ↗

188 sq ft

approximate combined minimum for a legal unit (17.5 m²)

Money on the table

Municipal incentives that lower your cost.

A growing number of Ontario municipalities offer grants, fee waivers and charge exemptions for additional units. Availability and amounts change. Confirm with the municipality before budgeting.

Last reviewed: October 2026. Programs change; confirm with your municipality.

MunicipalityIncentiveLink
CambridgeOne-time grant up to $10,000Official page
LondonLondon's 2026 ARU construction grants (up to $45,000 affordable / $20,000 standard) and permit-fee waiver are fully allocated and closed (permits issued Apr 29 to Sep 7, 2026). A repayable ARU loan remains available.Official page
Barrie50% off ARU building permit fees for applications submitted Jan 1 to Dec 31, 2026; full rebate if final inspection is within 12 months of permit issuance (no later than Dec 31, 2027).Official page
Mississauga2nd & 3rd ARU exempt from most municipal charges; permit fees refundedOfficial page
BurlingtonARU fee waivers ran until Dec 31, 2025, and the forgivable loan program closed Oct 1, 2025. Confirm current fees with the City.Official page
WaterlooNo City development charges on the first two additional residential units (education charges still apply)Official page
TorontoDevelopment charge deferral for ancillary second unitsOfficial page
AjaxADU grant intake closed; mapping tool and CMHC catalogue designs availableOfficial page
Federal financing

Financing your ADU.

CMHC insured refinance

Effective January 15, 2025, CMHC's insured refinance program lets owner-occupiers refinance up to 90% loan-to-value on properties valued up to $2,000,000 to fund the construction of up to four self-contained suites. The secondary suite must be used as a long-term rental (90-day minimum). The proposed federal Canada Secondary Suite Loan Program never launched; Budget 2025 confirmed it will not be implemented. The owner or a close relative must live on the property, there is no equity take-out, and CMHC approval is needed before or early in construction.

CMHC refinance details
Common question

Can I sell my ADU separately?


Generally, no. An ADU adds value to your property but is part of the same parcel of land, so it can't be sold on its own. The main exception is creating the unit through a Plan of Condominium, which can allow separate ownership. This is uncommon and involves additional legal and approval steps. Kitchener, for example, notes the plan-of-condominium route as a possibility for additional units. If separate ownership is a goal, raise it early so we can assess feasibility for your municipality.


Rules are simpler with an expert beside you.

We translate provincial and municipal rules into a clear plan for your lot.

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