Garden Suites Now Permitted in Toronto After Dismissal of Appeal

The City of Toronto Garden Suites By-law is now in full force after the Ontario Land Tribunal (OLT) dismissed an appeal. The Garden Suites By-law and Official Plan Amendment were adopted by Toronto City Council on February 2, but were appealed shortly after. On July 4, 2022, the OLT decided that it did not have jurisdiction to hear the appeals, and dismissed them. Read the full City of Toronto news release.

The Toronto Real Estate Board is encouraged by this decision, and have worked closely with the City on allowing garden suites as-of-right across the city. This will now allow a greater variety in the type and form of housing that can be built as part of the City’s Expanding Housing Options in Neighbourhoods (EHON) program focused on missing middle housing and gentle intensification. Garden suites are not only a solution to increase housing choice for current and future residents, but can also provide help to homeowners to offset mortgage payments on their primary residences.

If a proposed garden suite meets various performance criteria, such as maximum building height and setbacks, as well as all applicable bylaw standards, only a building permit application is required.

Any garden suite proposal that does not meet the Zoning By-law requirements can seek a minor variance application at the Committee of Adjustment. Through that process, City Planning staff review the application to determine if the proposed variances are appropriate and meet the intent of the Official Plan policies and the Zoning By-law.

Check out the City of Toronto Garden Suites By-law to learn about the rules, regulations and key considerations if you are in Toronto and are considering adding a garden suite to your primary residence.