Before signing a lease in Edmonton, especially if it is for a basement suite or secondary suite, it is critical to ensure that the accommodation is legal. Illegal housing can pose a serious threat to your safety—the lack of proper emergency exits, fire protection, and ventilation can have tragic consequences in the event of an emergency. In addition, living in illegal housing can lead to forced eviction with minimal notice if city authorities discover violations. This article will help you understand what legal rental housing is, how to check it, and what to look for during an inspection.
What does “legal” rental housing mean?
Legal rental housing is a residential property that has received all necessary permits from the City of Edmonton and complies with municipal by-laws and the Alberta Building Code. This means that the property has undergone the necessary inspections and has been deemed safe for habitation.
For secondary suites, such as basement apartments, legality means having a development permit, a building permit, and passing all necessary inspections. A secondary suite is a self-contained dwelling located within a single-family home that has its own entrance, kitchen, bathroom, living area, and sleeping area.
The City of Edmonton requires permits for all secondary suites. If a suite was created without permits or has not passed inspections, it is considered illegal, and the city may require costly changes or even demolition.
Risks of living in illegal housing
Living in illegal housing carries significant risks for the tenant. First and foremost are safety risks. A study by the City of Calgary found that 80% of illegal apartments had serious safety issues. Typical problems include the lack of proper emergency windows (egress windows) through which you can escape in case of fire, the lack of fire protection between the apartment and the main residence, faulty or missing smoke and carbon monoxide detectors, inadequate ventilation, and heating problems.
Second, there are legal risks. If city authorities discover an illegal apartment, the landlord can be fined $1,000 and tenants must move out within 21 days. This can leave you homeless with minimal warning, especially in a tight rental market.
Third, illegal housing can create insurance issues. If there is a fire or other emergency, the insurance company may refuse to pay if it turns out that the housing was illegal.
How to check the legality of housing before renting
There are several ways to check if the property you plan to rent is legal.
Checking permits through the city database
The City of Edmonton provides the ability to check the history of property permits through the Open Data Portal. You can find information about building and development permits for a property's address. Go to data.edmonton.ca, find the “General Building Permits” or “Development Permits” sections, and enter the property address.
Search of Records
You can submit an official Search of Records request to the City of Edmonton. This request allows you to obtain information about building and development permits, inspection results, bylaw violations for the past 12 months, and construction plans.
The request can be submitted through the Edmonton Service Centre. Hours of operation: 8:00 a.m. to 4:30 p.m., Monday through Friday (by appointment).
Check zoning
Before renting, check whether secondary suites are permitted in the area. Zoning can be checked via maps.edmonton.ca or via the Zoning Bylaw online platform at zoningbylaw.edmonton.ca. Enter the property address and view the zoning information.
Ask the landlord directly
The easiest way is to ask the landlord directly about the availability of permits. Ask to see copies of the development permit and building permit. A legitimate landlord with legal housing will have no problem providing this documentation.
If the landlord evades the question, cannot provide the documents, or claims that “permits are not required,” this is a serious warning sign.
What to look for when inspecting a property
Even without an official inspection, you can identify signs of illegal housing during an inspection. Pay attention to the following aspects:
Emergency windows (Egress Windows)
A legal secondary apartment must have emergency windows in each bedroom — windows large enough for an adult to climb through in case of fire. These windows must be easy to open and free of obstructions.
If the windows in the bedrooms are small, located high near the ceiling, or do not open completely, this is a sign of an illegal apartment.
Separate entrance
A legal secondary apartment must have a separate entrance — usually on the side or back of the house. The tenant should not have to pass through the main residence to get to their apartment.
Ceiling height
The Alberta Building Code requires a minimum ceiling height of 1.95 meters (6 feet 5 inches) in residential areas. If you notice that the ceiling is very low, this may be a sign of illegal housing.
Mechanical room
The mechanical room (where the water heater, furnace, etc. are located) is key to determining the legality of an apartment. In a legal apartment, the mechanical room will be isolated from smoke penetration—the walls and ceiling will be covered with drywall with a fire barrier around the ventilation and air ducts.
If the mechanical room looks like a regular unfinished basement with exposed pipes and air ducts, this is a sign that the apartment has not passed the proper certification.
Smoke and carbon monoxide detectors
Legal housing must have working smoke and carbon monoxide detectors. In secondary apartments, the detectors must be interconnected — when one goes off, they all go off.
Fire doors
There must be self-closing fire doors between the secondary apartment and the main residence. This provides extra time for evacuation in case of fire.
What to do if you already live in illegal housing
If you suspect that you are already living in illegal housing, you have several options.
Contact Alberta Health Services (AHS)
You can call Alberta Health Services at 1-833-476-4743 or file a complaint online. A public health inspector can inspect your dwelling to ensure it meets minimum health and safety standards.
After the inspection, the landlord will receive a written report listing the deficiencies and the deadlines for fixing them. If the landlord does not comply, the inspector may re-inspect the dwelling. In extreme cases, the dwelling may be deemed unfit for habitation.
It is important to know that violations are tied to the property, not the tenant. This means that even if you move out, the landlord must still fix the problems so that the next tenant does not encounter the same issues.
Contacting the city
You can also report an illegal apartment directly to the City of Edmonton. The city investigates all complaints it receives.
If the landlord is working to legalize the apartment and there are no serious safety issues, the city may give them time to bring the apartment into compliance. However, if there are serious safety issues and the apartment is occupied, the city will take steps to ensure safety before allowing continued occupancy.
Tenant rights
Even if the accommodation is found to be illegal, you still have rights under the Alberta Residential Tenancies Act. The landlord cannot simply evict you — they must follow the procedure set out in the law.
If you are forced to move out because the apartment is illegal, you may be entitled to compensation for breach of lease. Contact the Residential Tenancy Dispute Resolution Service (RTDRS) for advice.
Requirements for a legal secondary apartment in Edmonton
For reference, here are the basic requirements for a legal secondary suite in Edmonton.
Zoning and permits: The property must be in a zone where secondary suites are permitted. A building permit and construction permit are required.
Separate entrance: The apartment must have a separate entrance, not through the main dwelling.
Self-contained: The apartment must have its own kitchen, bathroom, living area, and sleeping area.
Ceiling height: Minimum of 1.95 m in living areas.
Emergency windows: Each bedroom must have a window large enough for evacuation.
Fire protection: Fire separation between the apartment and the main dwelling, including fire-resistant drywall and fire doors.
Smoke and carbon monoxide detectors: Interconnected detectors in all necessary locations.
Ventilation and heating: Adequate ventilation and heating system.
Questions to ask your landlord
Before signing a lease, ask your landlord the following questions.
Is this apartment a registered secondary apartment? Can you show me the building permit and construction permit? Has the apartment been inspected by the city? When was the last inspection? Are the smoke and carbon monoxide detectors connected to the main residence? Where are the emergency exits?
A legitimate landlord with legal housing will be able to answer these questions and provide documentation. If the landlord avoids answering or cannot provide supporting documents, consider looking for another place to live.