Ministry Proposes Changes to Additional Residential Unit Regulation

The Ministry of Municipal Affairs and Housing (the “Ministry”) has proposed changes to O. Reg 299/19 that would create additional flexibility for lots that can accommodate Accessory Residential Units (“ARUs”) (i.e. up to 3 units in a primary building, or up to 2 units in a primary building and 1 unit in an ancillary building).

The comment period on the Ministry’s proposal closes on October 23, 2024. The proposal can be found on the Environmental Registry of Ontario as number 019-9210.

The Ministry’s proposed changes to O. Reg 299/19 are:

  1. Overriding all angular plane requirements in zoning by-laws as they apply to ARUs.
  2. Adjusting lot coverage requirements to allow at least 45% coverage for all buildings and structures on parcels which have ARUs.
  3. Overriding all floor space index requirements in zoning by-laws, on lots which include ARUs.
  4. Overriding all minimum lot size requirements that are specific to parcels with ARUs.
  5. Restricting building separation distance requirements between a primary building and any ancillary structure to a maximum of 4 metres.

If you have any questions about what the proposal could mean for you or you are interested in submitting a comment, please do not hesitate to reach out to the Davies Howe LLP team.