Regulatory Options for Secondary Suites
Transcription
Regulatory Options for Secondary Suites
! The issue In the mid-1990s, there was a growing interest in secondary suites in Edmonton-area municipalities. Housing affordability was becoming an issue for a growing percentage of the population, and Alberta’s new planning legislation required all municipal governments to provide for a range of affordable housing types. Secondary suites were being promoted as one option to increase supply and meet changing housing needs (allowing seniors to provide space for caregivers, or parents to provide space for older children, for example, or young homebuyers to earn rental income to apply to monthly expenses). In addition, a number of illegal and potentially unsafe suites were believed to exist already, which should be regulated. St. Albert and Morinville had previously considered encouraging secondary suites, but discarded the idea for a number of reasons. " The plan In 1997, the City of St. Albert and the Towns of Devon, Gibbons and Morinville decided to pool resources to: investigate the market for secondary suites; look at experience in other jurisdictions; conduct focus groups to identify community issues; and Source: City of St. Albert A typical neighbourhood in St. Albert explore code constraints and regulatory options. Their primary objective was to provide solid information for their four Councils to use in making informed decisions on land use bylaws. The project team The project team included representatives from each of the four Economic Development and/or Planning and Development Departments; a St. Albert Building Code Inspector; a representative of the Greater Edmonton Home Builders’ Association (Renovators Council); a realtor/developer; and a member of a local residents’ association. The City of St. Albert agreed to provide project coordination, while other members provided information and their time and expertise. They were assisted by consultant Jamie Brown. Code review was performed by architect Richard Vanderwell. The results The project assembled information on the availability of affordable housing in the four municipalities, and on existing secondary suites. It examined the literature and experience to determine occupancy and ownership trends, and identified political issues. A focus group held in each municipality identified local support and concerns. These included secondary suites’ impact on affordable housing options and on local neighbourhoods, safety issues (particularly for illegal suites), and fiscal implications. The architect found serious code obstacles to construction of basement suites in existing single family homes. These included specific requirements for clear ceiling heights, door heights, exits, and fire separations. He concluded that: “the application of the current Alberta Building Code would most likely result in more costly, rather than more affordable construction.” Three options for regulatory action were assessed, with pros and cons for each. The final report recommended asking the Alberta government to respond to the concerns about secondary suites and code obstacles. Municipal land use changes were put on hold until this issue was resolved, although St. Albert did include an enabling statement in its plan, and Devon prepared draft documentation. Alberta began work on alternative code requirements for secondary suites in 1998, but the project ran into various constraints. However, in 2002, draft amendments to both the Building and Fire Codes were issued for public comment. A special committee of Members of Alberta’s Legislative Assembly met with four municipalities in 2003, and the committee plans to meet with another five or six municipalities in early 2004. Source: Background Report, Secondary Suites (St. Albert, Devon, Gibbons and Morinville/Richard Vanderwell) Bi-level house design with basement conversion suite Changes to the provincial requirements will likely be made during the next regular code update, in late 2005. The full impact on housing affordability and choice cannot be determined until these initiatives have been completed and municipal action has been taken. Related reports ACT case study: Regulatory Options for Secondary Suites (Rowena E. Moyes, Toronto 2001) Background Report, Secondary Suites – Expanding Housing Choices (City of St. Albert and Towns of Devon, Gibbons and Morinville/Richard Vanderwell, 1997) ACT case studies may be downloaded from the ACT Web site (see sidebar), ordered on-line from CMHC at www.cmhc.ca or by contacting CMHC at 1-800-668-2642. Reports may be obtained on loan from CMHC’s Canadian Housing Information Centre (CHIC) at [email protected] or by calling 1-800-668-2642 and asking for CHIC. # Got a housing regulatory issue? ACT may already have a solution! Find out about ACT regulatory reform projects carried out across Canada: www.actprogram.com ACT Program Administration c/o The Federation of Canadian Municipalities Tel: 613-241-5221 ext. 242 Fax: 613-244-1515 E-mail: [email protected] The United Nations Centre for Human Settlements recognizes ACT as a top global best practice for improving the living environment. ACT is funded by CMHC. a ct case study Regulatory Options for secondary suites Building Better Homes and Communities Affordability and Choice Today AFFORDABILITY AND CHOICE TODAY (ACT) DEMONSTRATION PROJECT C ASE STUDY Regulatory Options for Secondary Suites City of St. Albert, Town of Morinville, Town of Gibbons and Town of Devon, Alberta Prepared for : Federation of Canadian Municipalities Canadian Home Builders’ Association Canadian Housing and Renewal Association Canada Mortgage and Housing Corporation March 2004 Case study written by: Rowena E. Moyes This case study was funded by Canada Mortgage and Housing Corporation but the views expressed are the personal views of the authors and the Corporation accepts no responsibility for them. ACT case studies may be downloaded from the ACT website at www.actprogram.com, ordered on-line from CMHC at www.cmhc.ca or by contacting CMHC at 1 800 668-2642. Foreword The project documented in this report received a grant under the Affordability and Choice Today (ACT) program. ACT is a housing regulatory reform initiative funded by Canada Mortgage and Housing Corporation and delivered in partnership with the Federation of Canadian Municipalities (ACT administrator), the Canadian Home Builders' Association and the Canadian Housing and Renewal Association. All projects receiving an ACT grant are documented in order to share solutions and lessons learned with other Canadian communities. ACT, launched in 1990, contributes to housing affordability, choice and quality through regulatory reform. The United Nations Centre for Human Settlements recognized ACT in 1998 as one of the top global best practices for improving the living environment. ACT promotes regulatory reform through: • its database of solutions arising from ACT projects. Others are encouraged to access and adapt solutions to their circumstances (see website address below); • grants to local governments, builders, developers, architects, non-profit organizations and others across Canada to help facilitate the development of innovative solutions; • other means of promoting regulatory solutions, such as forums that are held from time to time to barriers. For more information, visit the ACT website at www.actprogram.com Over the years, ACT has created an impressive body of knowledge others can use to facilitate regulatory change in their communities. The projects range from innovative housing forms, secondary suites and streamlined approval procedures to NIMBY, alternative development and renovation standards, and more. Pursuing regulatory change and innovation in housing options requires the participation of many stakeholders. ACT projects stand out as prime examples of how people at the local level can work together to develop and implement innovative solutions. It is noteworthy that these projects not only contribute in many ways to sustainable development, but they have also served to enhance working relationships between local governments, the building industry and nonprofit organizations. affordability and choice today TABLE OF CONTENTS PROJECT OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 1.0 PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1 Incentive for the Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 Formulation of Project Objectives, Strategies and Mobilization of Resources . . . . . . . . . . . 1.3 Project Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Housing Markets and Secondary Suites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Comparative Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of Alberta’s Building Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Circulation and Promotion of Background Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination of Regulatory Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presentation of Report and Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 3 3 3 3 4 4 5 5 5 2.0 PROJECT RESULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.1 Information Base on Secondary Suites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Availability of Affordable Housing in the Four Municipalities . . . . . . . . . . . . . . . . . . . . . . Number of Existing Secondary Suites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupancy/Ownership Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2 Identification of Political Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impact on Single-Family Neighbourhoods, Values and Housing Options . . . . . . . . . . . . . . Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fiscal Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3 Regulation and Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4 Code Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 Regulatory Approaches and Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6 Municipal Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.7 Provincial Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 6 7 7 8 8 9 9 10 11 14 15 16 affordability and choice today TABLE OF CONTENTS 3.0 DESCRIPTION OF COMMUNITY AND KEY PLAYERS . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1 Four Sponsoring Municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City of St. Albert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town of Morinville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town of Devon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town of Gibbons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2 Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 18 18 18 18 18 4.0 IMPACT ON AFFORDABILITY, CHOICE AND QUALITY IN HOUSING . . . . . . . . . . . . 4.1 Background Research Identified Specific Regulatory Issues . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 Regulatory Obstacles Are Being Addressed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3 Proposed Regulatory Changes Could Improve Availability and Safety of Affordable Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 19 affordability and choice today 19 PROJECT OVERVIEW The Issue The Project Team In the mid-1990s there was a growing interest in secondary suites in Edmonton-area municipalities. Housing affordability was becoming an issue for a growing percentage of the population, and Alberta’s new planning legislation required all municipal governments to provide for a range of affordable housing types. The project team consisted of representatives from each of the four Economic Development and/or Planning and Development Departments, plus a St. Albert Building Code Inspector. The team also included a representative of the Greater Edmonton Home Builders’ Association (Renovators Council), a realtor/developer and a member of a local residents’ association. Secondary suites were being promoted as one option to increase supply and meet changing housing needs (allowing senior citizens to provide space for caregivers, or parents to provide space for older children, for example, or young homebuyers to earn rental income to apply to monthly expenses). In addition, a number of illegal and potentially unsafe suites— which should be regulated—were believed to exist already. St. Albert and Morinville had previously considered encouraging secondary suites, but discarded the idea for numerous reasons. The City of St. Albert agreed to provide project coordination, while other members offered information and their time and expertise. They were assisted by consultant Jamie Brown; code review was performed by architect Richard Vanderwell. The Plan In 1997, the City of St. Albert and the Towns of Devon, Gibbons and Morinville decided to pool resources to • investigate the market for secondary suites • look at experience in other jurisdictions • conduct focus groups to identify community issues • explore code constraints and regulatory options Their primary objective was to provide solid information for their four Councils to use in making informed decisions on land use bylaws. affordability and choice today i The Results The project gathered information on the availability of affordable housing in the four municipalities, and on existing secondary suites. It examined the literature and experience to determine occupancy and ownership trends, and identified political issues. A focus group held in each municipality identified local support and concerns. These included secondary suites’ impact on affordable housing options and on local neighbourhoods, safety issues (particularly for illegal suites) and fiscal implications. The architect found serious code obstacles to construction of basement suites in existing singlefamily homes. These included specific requirements for clear ceiling and door heights, exits and fire separations. He concluded that: “the application of the current Alberta Building Code would most likely result in more costly, rather than more affordable construction.” ii affordability and choice today Three options for regulatory action were assessed; pros and cons were examined. The final report recommended to ask the Alberta government to respond to the concerns about secondary suites and code obstacles. Municipal land use changes were put on hold until this issue was resolved, although St. Albert did include an enabling statement in its plan, and Devon prepared draft documentation. Alberta began work on alternative code requirements for secondary suites in 1998, but the project ran into various constraints. However, draft amendments to both the Building and Fire Codes were issued for public comment in 2002. A special committee of Members of Alberta’s Legislative Assembly met with four municipalities in 2003, and the committee planned to meet with another five to six municipalities in early 2004. Changes to the provincial requirements will likely be made during the next regular code update, in late 2005. The full impact on housing affordability and choice cannot be determined until these initiatives have been completed and municipal action has been taken. 1.0 1.1 Project Description Incentive for the Project The City of St. Albert and the Towns of Morinville, Gibbons and Devon are all within 20 to 30 minutes drive of Alberta’s capital city of Edmonton. Most of their growth has taken place since the 1960s or 1970s, primarily with mid- to high-income housing. By the mid-1990s, in each of these communities, there was a growing perception of interest in secondary suites development to meet changing housing needs. A secondary suite is a separate, independent unit created within a single-family home, often by converting the basement. In addition, Alberta had updated its planning legislation and consolidated it into a new Municipal Government Act (1995), with a requirement that all municipal governments review their overall municipal development plans by the end of 1998. Section 8.0 of the province’s Land Use Policies required municipal governments to provide adequate affordable housing, through a wide range of housing types. Secondary suites are generally recognized as an economical means of providing additional affordable rental accommodation in mature communities. The costs are generally lower than a typical apartment or multiple-family dwelling unit, and the income can help young buyers carry the purchase of a first home. Secondary suites can also fill specific family needs: for example, accommodating elderly parents, older children living at home, or caregivers such as nannies or nurses. However, in any of the four municipalities, secondary suites were not considered a legal use in a single-family residential district. A small number of older single-family homes were suspected to contain illegal and possibly unsafe secondary suites already. Other residents were requesting information on the possibility of putting secondary suites into their homes, usually in the basement. Various government and industry groups were also exploring the potential of renovating older homes or building new “made-to-convert” housing. St. Albert and Morinville had previously considered changes to their respective land use bylaws to include provisions for secondary suites, but their Councils had abandoned the idea pending further research. 1.2 Formulation of Project Objectives, Strategies and Mobilization of Resources The City of St. Albert was a member of the Capital Region Forum—a group with political representatives from the various towns and cities in the Edmonton area. During group discussions, St. Albert representatives discovered that the Towns of Morinville, Gibbons and Devon were also interested in gathering regulatory information on secondary suites. The four municipalities all had similar interests in assessing the existing supply of illegal units, and current and future demand. They wanted to assess potential municipal regulatory and policy responses to three situations: affordability and choice today 1 • existence of current illegal suites which meet neither the land use bylaws nor minimum life safety standards • proposals for new secondary suites in existing single family homes • proposals for completely new projects containing secondary suites They wanted to examine positive and negative perceptions in their communities, and to look at how other jurisdictions had dealt with similar issues. They also wanted to look at the impact of Alberta’s Building and Fire Codes requirements on the provision of affordable secondary suites. It was widely believed that, even if land use bylaws were changed to allow secondary suites, requiring them to comply with the building and fire codes would still make these suites uneconomic to produce or even impossible in existing homes. It could also result in a net loss of affordable options if applied retroactively to existing illegal suites. The four municipalities decided to pool resources to perform joint research. A project team was formed, with representatives from each of the four Economic Development and/or Planning and Development Departments, plus a St. Albert Building Code Inspector. The team also included a representative of the Greater Edmonton Home Builders’ Association (Renovators Council), a realtor/developer and a member of a local residents’ association. Figure 1. A typical neighbourhood in St. Albert Source: City of St. Albert 2 affordability and choice today In 1997, the team applied for an ACT grant of $10,000, which would be put towards hiring a consultant; preparing a background report; conducting focus group sessions in each of the four municipalities; examining the obstacles posed by Alberta’s Building and Fire Codes; and developing appropriate policy and regulatory options so the respective municipal councils could make informed decisions. The City of St. Albert agreed to provide project coordination, while team members offered their time and expertise. 1.3 Project Methodology The project team began meeting in early 1997. They retained consultant Jamie Brown to prepare a background report and provided staff support for the project. For the background report, the team identified four immediate research needs: • collection of available data on current housing markets in the four municipalities, including availability of affordable housing, estimates of existing illegal secondary suites, and future demand; • literature review and bibliography to determine comparative experience with secondary suites in other jurisdictions and current thinking on the issue; • focus group meetings to determine perceptions of existing supply, future needs, concerns, obstacles and support; and • review of the relevant requirements in Alberta’s Building Code to assess the feasibility of converting existing residential units, or building new ones with a legal secondary suite. Definitions For the purpose of the study, the participating municipalities agreed to define a secondary suite as: a housing unit that is self-contained, but incorporated within an existing structure that was originally designed for a single-family home. The key critical element is the existence of a separate kitchen. Affordable housing was defined as: housing for an individual or family, not exceeding 30 per cent of household income in the case of owned property, and 25 per cent in the case of rental accommodation. Housing cost is generally defined as gross rent or mortgage payments plus the cost of taxes and utilities. Local Housing Markets and Secondary Suites Each representative was asked to provide the consultant with available information on the housing market in their respective municipalities; the amount of affordable housing; and the number of existing secondary suites. As the completeness of this information varied, the consultant filled in blanks where possible. Only St. Albert had fact-based figures on the numbers of secondary suites, and those records were several years old. Comparative Experience The consultant reviewed literature and studies from other jurisdictions—especially from Ontario and British Columbia—where the provincial governments support the principle of secondary suites as part of the acceptable housing mix. affordability and choice today 3 This review helped to quantify supply and demand in several other municipalities. It included profiles of existing tenants and providers of secondary suites, and identified community interests, concerns, obstacles and issues. In addition, the literature review compared regulatory responses and provided information on administrative costs. Community Consultation Each municipality arranged for one focus group discussion to be held during August and September of 1997. Attendees were selected by their respective municipalities to provide a cross-section of knowledge and interest in affordable housing and/or secondary suites. In most cases, they included municipal officials, members of the business community and citizens. They were also asked to comment on typical regulations found in other jurisdictions. These included, for example: • the registered owner of the property must live on site • only one secondary suite is allowed per lot • the suite must be located within the residence • maximum or minimum sizes (area) are set • one off-street parking space must be provided for the suite • separate fees should be paid for garbage collection, water, sewer, etc. Attendees responded to a series of set questions related to the study’s research goals: Discussions at the focus group meetings, while generally quite supportive of secondary suites, revealed major concerns and differences of opinion. • Review of Alberta’s Building Code Should support for, and the provision of, affordable housing be a goal of the community? • Do you feel the community currently has an adequate supply of affordable housing? • Are secondary suites a viable means of providing affordable housing within the community? If not, why not? • • • What effects do you think secondary suites might have on the community? Should secondary suites be restricted to new homes, or should they be allowed in existing singlefamily homes under some conditions? What regulations do you think should be imposed on secondary suites? 4 affordability and choice today In parallel to the literature review, bibliography and focus groups, Architect Richard Vanderwell was contracted to review the impacts of the Alberta Building Code requirements. Working with the project team, Vanderwell identified and reviewed two house designs which would be typical candidates for conversion: • the wood-frame bungalow, commonly built in the late 1960s to early 1970s • the bi-level (also called split level) house design, commonly built in the later 1970s to mid-1980s He examined how code requirements would affect plans to build suites in these two types of older homes, or to bring existing illegal suites into compliance, and which requirements would present obstacles and to what degree. He also drafted initial proposals for health and safety guidelines for legalizing existing secondary suites in older houses. These draft guidelines were intended to meet the requirements of the building code while respecting the design and construction constraints found in typical older units. It was assumed that only one suite would be permitted per house, and that it would be located in the basement. Circulation and Promotion of Background Report The results of the four initiatives above were included in a background report, completed in September of 1997. This was presented to each of the municipalities. In addition, it was given to the Alberta Capital Region Forum (CRF) on October 16, as information. Morinville’s mayor, Ted Code, then Chair of the CRF, responded on November 25, 1997, saying the report was “of great value.” The Forum supported a regional approach to legalization of secondary suites, Code’s letter said, although it recognized that municipal governments may choose to pursue individual responses to this issue. The Forum would also support further discussions on secondary suites. Examination of Regulatory Options Having completed the background research, the project team turned its attention to options for regulation. It identified three approaches for bylaw amendments. For each approach, the team examined pros and cons, identified issues and listed appropriate changes to the land use bylaw. The report was completed in November of 1997. During this process, the team heard that the province was considering setting up a working group to look at alternative requirements for secondary suites. Presentation of Report and Recommendations The project team’s final report was completed in late December of 1997. It contained summaries of the information and reports produced to date, plus new data on impacts of secondary suites on municipal costs/revenues, parking/traffic and municipal services. The report recommended that the documentation be sent to the four Councils; that any municipal government drafting safety guidelines use a multidisciplinary “safe housing committee;” and that the province be asked to address changes to Alberta legislation and regulations. The final report was presented to the Councils of the respective municipalities early in 1998. It was also sent to the Capital Region Forum and to the Alberta Ministers of Municipal Affairs and Labour. affordability and choice today 5 2.0 2.1 project results Information Base on Secondary Suites Availability of Affordable Housing in the Four Municipalities The project team found that affordable housing availability varied from adequate, to little or none, among the four municipalities. A 1994 St. Albert report, which defined “affordable” housing using a property value of less than $100,000, had indicated a reasonable supply, quality and range of units. Using the same $100,000 criteria, the Town of Morinville reported a good supply, while the Towns of Gibbons and Devon both reported very little affordable accommodation. Focus group discussions came to somewhat different conclusions. The representatives in three of the four municipalities identified a lack of affordable housing. Interestingly, the one group to claim there was enough affordable housing already was also the only one which did not include representatives of people potentially interested in living in or providing secondary suites. Figure 2. Central area of Morinville Source: Town of Morinville 6 affordability and choice today Number of Existing Secondary Suites Only St. Albert had an actual record of basement or secondary suites, but most of the numbers were 15 years old and probably not representative of the current situation. Furthermore, the definition of secondary suite used by the municipal property tax assessors who compiled the information was unlikely to have met the criteria agreed to for this study (especially the requirement for a separate kitchen). The other three municipalities did not have assessment departments of their own, and their contracted service providers had not tracked the existence of either basement or secondary suites. As a result, it was impossible to determine the exact number of secondary suites, although illegal suites were known to exist through word of mouth and regular advertisements in local papers. The background report pointed out that studies from other jurisdictions suggest the number can be much higher than estimated, especially in larger urban areas. A survey from Delta, B.C., found that six per cent of people admitted to living in secondary suites. The St. Albert assessment department survey had found only 75-80 secondary suites, or 0.7 per cent of the approximately 12,000 single-family homes in the city. Occupancy/Ownership Trends Literature review from other jurisdictions showed that occupants tend to be “working poor,” although other socio-economic and demographic factors have an impact as well. A study for the District of North Vancouver, for example, showed the average annual income for a household occupying a secondary suite was $35,000 (1991), compared to $66,068 for the municipality as a whole. The ages of secondary suite occupants ranged from 19 to 82, with the average being 35. The average length of stay was two years. For the occupants over the age of 55—20 per cent—the average length of stay was eight years. The choice to live in a secondary suite reflects the existence of numerous young adults still living at home and/or attending educational institutions, high divorce rates, and the desire of both single parents and seniors to live affordably in a single-family neighbourhood environment. The North Vancouver study said that occupants of secondary suites are “significantly” less likely to own a car than the average citizen. That same study showed the average age for the owners of homes with secondary suites was 48 years old. Reasons for offering a secondary suite, in order or importance, included: • assistance with mortgage payments • protection against reduced income in hard times • to avoid living alone • providing retirement income • providing for grown-up children or elderly relatives • providing a suite in exchange for maintenance of a suite affordability and choice today 7 The focus group discussions for this project showed similar perceptions of the reasons for developing secondary suites. All four focus groups agreed that secondary suites could provide an affordable alternative, especially for younger people and families. Because basement suites pose accessibility barriers, there was some question as to whether they would be a real option for senior citizens. 2.2 Identification of Political Issues Both St. Albert and Morinville had experienced residents’ concerns during their previous examinations of secondary suites. Based on other jurisdictions experience, the review of the literature and focus group sessions, this project also identified a number of perceptions and issues that would need to be resolved. Impact on Single-Family Neighbourhoods, Values and Housing Options Existing single-family homeowners have typically been concerned about changes to the quality of life and character of their single-family neighbourhoods. As the background report for this project says, a significant number of consumers “have had a preference for suburban single-family neighbourhoods, and have a clearly defined notion of the quality of life that is associated with this type of housing environment.” Many also argue that “the home is typically the single largest asset of most families, and as such, people have a right to maintain the neighbourhood character that they have invested in, and to object to development that may jeopardize that vested interest.” 8 affordability and choice today The focus groups for this study expressed many of the typical apprehensions about increased traffic and parking problems, unsightly development, and unfair use of municipal services and infrastructure. The perception of secondary suites is often worse than the reality, the background report pointed out. The North Vancouver study showed that the municipality had received only 40 complaints from an estimated 1,800 to 2,200 secondary suites. As well, in Accessory Apartments: Using Surplus Space in Single Family Houses, Patrick Hare had noted that only one of 186 people surveyed in New York, Connecticut and New Jersey indicated that increased traffic or parking identified the location of an illegal suite. Louise Champis was the Development Officer for the Town of Gibbons and member of the steering committee for this project. She has now moved to the equivalent position at the Town of Morinville. “We have a lot of illegal secondary suites,” she said in June of 2002, “and we haven’t had any complaints.” Home Builders’ Association representatives have pointed out that subdivisions “age.” As children grow up and leave home, many owners are left with excess space in their home. Allowing secondary suites would not really increase the population; it would just replace the children who have moved on. This “re-intensification” helps make best use of existing services. It would also help reduce environmental impacts of urban growth and create socially diverse neighbourhoods. Many focus group participants also expressed support for effectively regulated secondary suites and other forms of affordable housing. During these discussions, some of the concerns raised about secondary suites related to non-resident owners, where both of the units would be tenantoccupied. A number of municipalities that allow secondary suites include a requirement that they must be owner-occupied, or even that the secondary suites must be rented to family members; however, the report said, there are questions whether this is generally within municipal jurisdiction. This study, as have those in other areas, demonstrates that citizen support for the legalization of secondary suites will require assurances of acceptable standards and enforcement to satisfy concerns about health and safety, quality of life, character and property values in the surrounding single-family neighbourhoods. Safety Whether or not formally permitted, illegal suites exist and are likely to increase in nearly every municipality. Liability issues may arise because municipal governments fail to deal with known illegal uses. Owners developing suites illegally do not apply for permits and do not have any review of how they are providing fire protection, escape routes and similar life safety issues. The building code review conducted for this project states the safety issue quite clearly: “Based on the design and common construction assumptions made using the two house designs, it became readily apparent that there is a need to provide for an increased level of life safety for residents of existing houses containing basement suite conversions.” Current illegal units, and those built illegally in the future, may put residents’ lives at risk. Fiscal Implications The project team also looked at municipal governments’ financial implications. A review of staff and administrative costs, and fee collection in B.C. municipalities showed various approaches: Surrey: One-time rezoning application fee Annual licensing fee Annual service fees (80% of single family) $ 750 555 358 Delta (annual charges): License or permit fee Increased share of municipal taxes Additional utility fees 100 100 300 Maple Ridge: Initial registration Housing Agreement Land Title Covenant Building/elec/plumb/gas permits Annual fees for water/sewer/recycling 100 50 50 132 270 “Given that there are not estimated to be a large number of secondary suites in the four participating municipalities, it would seem likely that none of the three Towns would likely require additional staff (for permit processing, inspections and enforcement),” the report says. St. Albert might require a small amount of additional staff for these purposes. affordability and choice today 9 All four municipalities would need to consider recovering any additional servicing costs. The project team’s final report included a brief review of the likely costs in a sample neighbourhood in St. Albert. The report did not point to significant increases in demand for services, as the number of residents in a given house with a secondary suite may well remain the same and, even if modestly higher, well within the planned servicing capacity. In February 1998, Applications Management Consulting Ltd. of Edmonton estimated the average net annual costs per capita of population-related municipal services in St. Albert. The average net cost per resident was estimated at $365. The result was obtained by taking the operating expenditures, minus the operating revenues and including a fixed operating costs allocation. The average net cost of adding one more resident, with no increase in number of housing units, was estimated at $156. On the other hand, property tax increases are not expected to be considerable—well under $100 per year. In fact, “large tax increases (would) substantially reduce the incentive to create secondary suites and are in fact likely to be a disincentive to legalizing an existing or new secondary suite,” the background report said. They would also reduce affordability, one of the main attractions of these units. 2.3 Regulation and Jurisdiction Regulatory requirements are another potential disincentive to creating or legalizing secondary suites. The background report assumed knowledge of the jurisdictional regime. The explanation below is provided for readers from other areas. Municipal governments have jurisdiction over what land can be used for and related requirements, such as parking and setbacks. This includes whether secondary suites are allowed, in what zones and subject to what conditions. They regulate land use through development plans and land use bylaws. The province has jurisdiction over building and construction requirements, through the Alberta Building Code—which covers renovations involving structural components or change of use and adding a new unit—and the Alberta Fire Code (existing buildings). Municipal building officials, as the authority having jurisdiction, can accept non-conforming construction materials and methods as long as they provide equivalent performance to the code requirements. Common equivalencies are accommodated with provincial “Standata,” which are advisories setting out how and with what conditions these alternatives can be accepted. Municipal governments cannot impose or accept standards different than those contained in Alberta’s building code. However, if the codes are silent, municipal governments may be able to issue their own requirements or guidelines. In addition, they can issue property standards bylaws, regulating safety and upkeep of existing properties. 10 affordability and choice today 2.4 Code Review The Alberta Building Code does not include specific regulations for secondary suites. As a result, new projects are required to meet the same Part IX code provisions as multiple family dwellings. (They also have to comply with all applicable land use bylaws. See below.) The architect’s review prepared for this ACT project examined which code requirements would create obstacles to the development of a secondary suite in the basement of two typical single-family houses: a bungalow and a bi- level (split entry – see Figure 4). It focused on existing home conversions, rather than entirely new construction. At the time this review was taking place, Alberta was planning to introduce, in the very near future, a new Building Code based on the 1995 National Building Code of Canada. Therefore, Vanderwell used the standards contained in the National Building Code for his review. Some of the main areas of concern included: • Minimum clear heights required for rooms or spaces range from 2.1 to 2.3 m, while ceiling heights in typical older basements range from 1.85 to 2 m or less, depending on locations of beams and ductwork. Figure 3. Bungalow house design with basement conversion suite Source: Background Report, Secondary Suites – Expanding Housing Choices (St. Albert, Devon, Gibbons and Morinville/Richard Vanderwell) affordability and choice today 11 • • • Minimum door heights are set at 1,980 mm— again a problem given low ceiling heights in older basements. The code requires two separate exits from a suite, without going through another unit or service room—something the architect says is “the most difficult code and safety issue to resolve” for basement apartments. It is not feasible to satisfy this requirement in typical single-family construction. • Typical basement window sizes in older singlefamily homes are smaller than the code requirements. • Fire separation requirements between suites for floors (above basement ceilings), walls and doors would require costly upgrading in most cases. It would be difficult to seal off and provide dampers in ductwork serving both units. • Sound transmission control requirements would also require costly upgrading of wall and floor assemblies. Exit stairs are required to have a 900 mm clear width, where most are actually 700 to 850 mm. Enlarging an exit stair is not considered practical. Figure 4. Bi-level house design with basement conversion suite Source: Background Report, Secondary Suites – Expanding Housing Choices (St. Albert, Devon, Gibbons and Morinville/Richard Vanderwell) 12 affordability and choice today The report concludes that, “while it is desirable for all buildings to meet the life safety requirements . . . it is neither practical nor economical to upgrade all existing basement rental suites to the standards of the Alberta Building Code … Where only one basement suite is converted within a single-family house, the application of the current Alberta Building Code would most likely result in more costly, rather than more affordable construction.” The second part of the architect’s report was a set of draft guidelines. These were intended as the alternative minimum life safety requirements a municipal government could adopt to strike an acceptable balance between safety issues for occupants and the high cost and impracticality of meeting the strictest code requirements. In late 1994 the City of Edmonton had adopted Safe Housing Standards, setting minimum standards for existing rented residential buildings of six stories or less, with three or more households. The City of Edmonton received an ACT grant to develop these standards1. The architect for the St. Albert/Morinville/ Devon/ Gibbons project selected a number of them as a starting point for further work by a municipal multi-disciplinary safe standards committee. He adapted them for buildings containing only one secondary suite. Figure 5. Bi-level house design with main floor conversion suite Source: Background Report, Secondary Suites – Expanding Housing Choices (St. Albert, Devon, Gibbons and Morinville/Richard Vanderwell) 1 For more information, refer to the ACT case study Safe Housing Standards for Affordable Renovation which may be downloaded from the ACT website at www.actprogram.com, ordered on-line from CMHC at www.cmhc.ca or by contacting CMHC at 1 800 668-2642. affordability and choice today 13 The resulting draft guidelines were quite extensive, including sections on fire alarms, smoke alarms, means of egress, flame spread ratings (fire protection), doors, exit signs, emergency lighting, compartmentation (fire separation), fire extinguishers, electrical requirements, building structure and health, plumbing and gas, and heating and ventilation. The report advised that municipal governments would have to explore the legal ramifications before attempting to introduce such guidelines. 2.5 Regulatory Approaches and Options The background report examined regulatory approaches taken in other municipalities, including wording in land use bylaws and performance standards or regulations. Secondary suite research shows that “people will generally accept secondary suites if they come with appropriate regulations and enforcement,” the report said. The background report looked at regulations in the Alberta municipalities of Edmonton, Calgary, Medicine Hat, Lethbridge, Red Deer, Leduc, Grande Prairie and Spruce Grove, as well as Saskatoon, Saskatchewan. It also consulted a British Columbia review of practices in 150 municipalities within the province. A wide range of approaches were presented. Some municipal governments allowed secondary suites as a permitted use, while others were discretionary and required specific approval. Some allowed these suites only in selected neighbourhoods, or specific locations such as corner lots or main streets. In almost all of Alberta cases, suites were required to meet both the municipal land use bylaw and the provincial building code. 14 affordability and choice today Typical municipal bylaw requirements included: • additional on-site parking • maximum or minimum suite sizes • lot size requirements • required owner occupancy • licensing or registration Some municipal governments have included a requirement for a family relationship between occupants of the secondary suite and the principal dwelling unit. More difficult is the issue of existing illegal suites. Municipal governments may choose to strictly enforce all regulations governing secondary suites, a plan which may end up reducing affordable housing and/or encouraging owners to offer their units illegally. They may “grandfather” existing non-conforming units. They may choose to ignore such units as long as neighbours do not complain, the background report says. Or they may seek more practical alternative standards. In its November 1997 options report, the project team identified three separate regulatory approaches: • Option 1: Allow secondary suites in new housing only, applying all Alberta building and fire code requirements. • Option 2: Allow secondary suites in both new and existing housing, again applying all code requirements. • Option 3: Allow secondary suites in new housing applying code requirements, and allow them in existing housing applying new modified safety guidelines to reflect older construction. Concern was raised on the issue that applying full code requirements to existing units would require extensive enforcement and likely force many of them off the market or further “underground.” On the other hand, the Alberta municipal government had not developed any safety guidelines specifically for secondary suites, and legal and municipal liability issues would require review. Draft wording for a recommended land use bylaw amendment covered: In January 1998, the final report was presented to the four respective councils. It recommended that: 1. the Alberta government be asked to address the concerns raised in the reports, and to suggest changes to Alberta legislation and regulations regarding secondary suite development; 2. the final report and background documents be submitted to the four municipal Councils for their informed decisions on land use bylaws; 3. where a municipal government decides to allow secondary suites in existing housing by applying safety guidelines, a multi-disciplinary safe housing committee be struck to develop potential standards. • maximum of one secondary suite per house 2.6 • required off-street parking • no change in the external character of the principal dwelling • minimum size of house and lot • maximum number of people per secondary suite • restrictions on other accessory uses (for example, home business) During the course of this project, the team became aware that the provincial government was also looking at some secondary suites issues. Specifically, it was considering setting up a working group to review code requirements. In January 1998, St. Albert’s mayor forwarded a copy of the final report on this ACT project to the Ministers of Municipal Affairs and Labour, expressing the hope that the concerns specified would be addressed. (See 2.7, below.) • no increase in number of pets allowed for the building For discussion purposes, wording was also changed to include the owner occupancy requirement, although the report stated such a requirement would be virtually unenforceable. Municipal Action The municipalities originally expected that a new provincial guideline would be produced within a year. In fact, it took four years for what became a draft amendment to the Alberta Building and Fire Codes to be released for public comment. affordability and choice today 15 Meanwhile, in early 1998, Councils of each of the four municipalities considered the final report of this ACT project. Their responses were: Gibbons Council reviewed the Final Report on February 11, 1998, and decided to wait until the province had completed the review of the code requirements before considering an amendment to its Land Use Bylaw. Morinville Council considered the final report on March 24, 1998, and decided that there was a good supply and range of affordable housing options; the town would not support legalizing of secondary suites. Devon Council considered the final report on February 23, 1998, and asked staff to prepare a specific Land Use Bylaw amendment based on recommended Option Three. Public input and demand for secondary suites was monitored for a one-year period, with no reported evidence of public interest. As a result, Council accepted the final report as information only. St. Albert A decision was deferred pending further public consultation and results of the contact with the provincial government. A questionnaire was published in the March 25, 1998, St. Albert Gazette, seeking public input and views on secondary suites. Sixty questionnaires were completed and returned. Of those, 35 (58 per cent) were in favour (some with conditions) and 25 (42 per cent) were opposed. Incidentally, this is less supportive than similar 16 affordability and choice today surveys in Delta and Maple Ridge B.C., where 75 per cent and 71 per cent of respondents respectively supported well-regulated secondary suites. St. Albert subsequently rewrote its Municipal Development Plan. The wording adopted by Council on May 23, 2000, included a policy stating that the City “may facilitate the use of secondary suites and conversions through provisions in the Land Use Bylaw and subject to the availability of infrastructure capacity,” once provincial guidelines are approved. The City also established an Affordable Housing committee, whose interim report in 2003 also called on Council to “lobby Federal and Provincial governments to … attend to provincial regulations that make it easier to provide affordable housing within the Province.” 2.7 Provincial Action As mentioned above, on January 29, 1998, Anita Ratchinsky, then Mayor of St. Albert, had written to the Alberta Ministers of Municipal Affairs and Labour on behalf of the four municipalities. She enclosed a copy of the final report from this project, as background for the about-to-be-established provincial working group looking at a Standata for secondary suites. The letter said: “Our research indicates that it is very difficult and costly, if not impossible in most cases, to: a) accommodate public demand to develop new secondary suites in older homes, and b) legalize existing secondary suites known to be built illegally within existing housing stock in each municipality. “We (the four municipalities) see the timely opportunity at the outset of the work of the Provincial Committee to have our concerns addressed,” it continued, “and look forward to working with the province in its examination of this important subject.” This letter helped to spur the formation of the working group. Unfortunately, the initiative did not progress very far, due to staff cutbacks and changing priorities. Also, it was determined that the changes required for secondary suites could not be accomplished through a Standata, but would require an amendment to the code regulations themselves. This is a more complicated process, which takes longer than a Standata. However, in 2000, following a research study by Canada Mortgage and Housing Corporation on accessory suites and changes to the National Building Code, the province restarted its deliberations. Early in 2002, amendments to both the building and fire codes were drafted and circulated for public comment. St. Albert was one of the responding municipalities. In addition to technical concerns about specific proposed requirements, the City’s director of planning and development, Curtis Cundy, pointed out several economic and land use issues. First is whether proposed changes to the Land Use bylaw “would in fact be accepted by the community at large,” he wrote. “Based on past consultation in our community regarding secondary suites, the potential for increased congestion with respect to traffic and parking, along with the perception of devaluation of property, were a few of the concerns expressed.” In addition, he noted, allowing secondary suites may add to the demand on City services, while the increase in property taxes would be very limited. Also, there will be a need for increased inspection, monitoring and enforcement, particularly as regards to bringing existing illegal suites up to code standards. This has financial implications for municipal governments. Other groups have responded that any new regulations for secondary suites should only apply to renovation of existing houses, not for new construction. Concerns like these spurred the Alberta government to create a special committee of Members of the Legislative Assembly to review the issue, and discuss with municipal governments how they plan to respond to the proposed code changes. Chris Tye, Manager, Technical Services, Building and Fire Safety in Alberta’s Department of Municipal Affairs, said this group met with elected and staff representatives of Fort McMurray, Grande Prairie, Brooks and Medicine Hat during 2003. They agreed in general that municipal governments need the capability to regulate secondary suites. The Secondary Suites Committee planned to meet in early 2004, with another five to six municipalities, including Calgary, Edmonton, Canmore and Red Deer, Tye said. A report was expected in mid-2004. It seems likely that any changes to the provincial building and fire codes would be combined with the next regular updating of those regulations, scheduled for late 2005. affordability and choice today 17 3.0 3.1 description of community and ke y pl ayers Four Sponsoring Municipalities All four municipalities are within easy commuting distance of Edmonton. In 1997-1998, they contained predominantly single-family, owner-occupied houses, with small amounts of rental accommodation, some geared to senior citizens. All four municipalities were part of the Capital Region Forum, an informationsharing and co-ordinating body for regional issues. Town of Devon Devon’s population in 1994 stood at 4,380. It was expected to grow up to between 5,510 and 6,800 by 2011. Single-family units represented just below 79 per cent of the town’s 1,421 units in 1992— 75 per cent of which were owner-occupied. Senior citizens represented six per cent of the population. Town of Gibbons City of St. Albert The City of St. Albert is the largest of the four municipalities involved in this review. It had a population of almost 46,000 in 1995, and was projected to grow up to 70,000 by 2013—an increase of 53 per cent. In 1995, close to 77 per cent of the housing stock consisted of single-family detached homes, with 85 per cent occupied by owners. No new rental units had been built since the early 1970s. With the average household income established at $64,500, St. Albert had the second wealthiest residents of all Alberta cities. Town of Morinville Morinville’s population in 1994 was 6,255 and it was expected to grow up to between 8,950 and 11,390 by 2011. Currently, five per cent of the population includes senior citizens. Almost 80 per cent of the housing stock is single-family units. Like St. Albert and Gibbons, it expected to experience a population growth as a result of the consolidation of Canadian Forces Base Edmonton. 18 affordability and choice today The population of Gibbons was 2,493 in 1988, and was expected to grow up to between 4,050 and 5,340 by 2011. Senior citizens represented five per cent of the population. Single-family homes accounted for 95 per cent of the town’s housing. 3.2 Industry Established in 1954, the Greater Edmonton Home Builders’ Association (GEHBA) represents more than 300 member companies. These include new home builders, renovators, land developers, trade contractors, manufacturers, suppliers, designers, engineers, financial institutions and allied professionals. GEHBA members automatically become members of the Alberta and Canadian Home Builders’ Associations. Activities range from municipal liaison on issues such as regulation and development, to technical research, industry and consumer education, and organization of marketing events like New Homes Month and Renovation Month. 4.0 4.1 Impact on affordability, choice and quality in housing Background Research Identified Specific Regulatory Issues The St. Albert-Morinville-Gibbons-Devon examination of secondary suites produced a good information base and a thorough review of code obstacles for two typical house forms. It also highlighted political issues, and the polarization of opinions which this issue can raise in some areas. 4.2 Regulatory Obstacles Are Being Addressed While none of the municipalities involved have yet changed their land use bylaws to allow secondary suites in single-family home areas, two of them took preparatory steps in this direction. More importantly, this project has helped drive forward a serious provincial review of alternative code requirements for secondary suites. Draft regulations were circulated for public comment in 2002. A provincial committee is meeting with municipal representatives, to discuss land use policy implementation plans and issues. Any resulting changes to the provincial building and fire codes will probably be combined with the next regular update of those regulations, scheduled for late 2005. 4.3 Proposed Regulatory Changes Could Improve Availability and Safety of Affordable Housing The initiatives identified in 4.2 above aim at producing practical code changes at the provincial level and appropriate land use bylaws at the municipal level. There are a number of concerns to overcome. However, if successful, it should become possible for homeowners to provide complying secondary suites more easily. This could help improve the supply of affordable housing in older single-family areas, making good use of existing infrastructure. It could also help accommodate changing housing needs. For example, it could allow senior persons to stay in place with tenants providing companionship and possibly assisting with property maintenance. It could also allow younger people to buy a house with rental income to help pay the mortgage during the early years, or older children to stay at home with a reasonable amount of independence. Furthermore, if it succeeded in increasing the incentive to build legally with building permits and code review, a new approach to secondary suites would help ensure new suites are developed legally and existing suites could be brought into compliance. This would provide safer conditions for both the primary and the secondary units in existing housing, as well as potential new conversions. The full impact on housing affordability, quality and choice cannot be determined until the outcome of these ongoing resulting initiatives is complete. affordability and choice today 19