Why is parking often the bigger issue, not the apartment itself?

Zoning by-laws in Oakville and Burlington place real restrictions on parking and entrance placement. Oakville generally permits only one entrance from the street per property, which limits where a second basement entrance and dedicated parking space can go. This is often the deciding factor in whether a legal suite is feasible on a given lot.

Has anything changed recently in basement apartment zoning rules?

Yes. Burlington passed a new Residential Zoning By-law in March 2026 with updated additional residential unit parking rules. Oakville has an active 2026 zoning amendment process affecting residential low-density zones, building on its 2024 additional dwelling unit by-law.

Halton Region · Zoning & Legalization

Can I Legally Rent Out My Basement Apartment in Oakville or Burlington?

Recent zoning changes in both towns make this easier than it used to be — but “allowed in principle” and “actually legal to rent” are two different things. Here’s what’s true right now.

The short answer

In most residential zones in Oakville and Burlington, a basement secondary suite is now permitted as-of-right — meaning you generally don’t need special council approval, just a building permit and compliance with the 2024 Ontario Building Code. But “allowed” doesn’t mean “legal to rent” until the suite is permitted, inspected, and (in Oakville’s case) registered with the Town. Parking is the most common roadblock, not the apartment itself.

01What’s changed recently

Both Oakville and Burlington have been actively updating their zoning by-laws to allow more additional residential units (ARUs) — the catch-all term for basement apartments, garden suites, and similar secondary units. This isn’t old news you’ll find repeated everywhere; it’s recent and still moving.

Burlington

New Residential Zoning By-law (passed March 2026)

Burlington City Council passed a new Residential Zoning By-law on March 2, 2026, replacing the 2020 zoning by-law for residential properties. Its additional residential unit parking rules now scale by unit: two spaces for the primary home, zero additional spaces required for a first ARU, and one space for a second or third ARU — reflecting that Burlington now permits multiple additional units on eligible lots.

Oakville

Ongoing zoning by-law amendments (2026)

Oakville has an active town-initiated zoning by-law amendment process in 2026 affecting residential low-density zones, including provisions tied to additional residential units, window wells, and minimum yards. Oakville’s additional dwelling unit by-law (2024) already permits basement secondary suites in most residential zones, but every property still needs to be checked against the current zoning map.

Zoning detail changes by exact lot, zone, and date passed — this isn’t legal advice, and we confirm current zoning for your specific address as part of the free assessment.

02“Allowed” vs. “legal to rent” — the actual difference

A lot of homeowners assume that because basement apartments are now permitted as-of-right, they can just finish the space and start renting. That’s not how it works. As-of-right zoning means the use is allowed without a minor variance or council approval — it doesn’t skip the building permit, inspections, or (in Oakville) registration that make a suite legal to occupy and rent.

Building permitAlways required for a secondary suite — this is separate from zoning approval.
ARU registrationOakville requires legal secondary suites to be registered with the Town’s Additional Residential Unit Registry once complete.
ParkingMost zones require at least one dedicated off-street parking space for the suite, separate from the main home’s parking.
OBC complianceCeiling height, egress window, fire separation, alarms, and the rest of the 2024 Ontario Building Code requirements — covered in full on our legal basement apartment page.
Zoning certificateA Zoning Certificate of Occupancy is required in Oakville when a basement changes use to an accessory dwelling unit.

03The most common roadblock: parking and entrances

The apartment itself is rarely the hard part — parking and entrance placement usually are. Oakville’s zoning by-law generally permits only one entrance from the street per property, which means cutting a second curb for a separate basement entrance can require special approval and isn’t guaranteed, especially outside of corner lots. Attempting an unapproved second curb cut can result in fines and a requirement to restore the boulevard.

This is exactly the kind of detail that gets missed when homeowners plan a layout before checking zoning — and it’s why we confirm parking and entrance feasibility for your specific address before any design work starts, not after.

04Frequently asked questions

Can I just rent out my basement once it’s finished?

No. Even where zoning permits a secondary suite as-of-right, the unit isn’t legal to rent until it has a building permit, passes inspections, meets the 2024 Ontario Building Code, and — in Oakville — is registered with the Town’s ARU Registry. Renting an unregistered, unpermitted unit can create real liability and insurance problems.

Do I need council approval to add a basement apartment?

In most residential zones in Oakville and Burlington, no — basement secondary suites are now permitted as-of-right under current zoning, meaning a minor variance or council approval generally isn’t required. You still need a building permit, and your specific lot still needs to be checked against the applicable zoning, since exceptions exist.

Why is parking the bigger issue, not the apartment?

Zoning by-laws in both towns place real restrictions on parking and entrance placement — for example, Oakville generally permits only one entrance from the street, which limits where a second basement entrance and dedicated parking space can go. This is often the deciding factor in whether a legal suite is feasible on a given lot, more than the building code requirements themselves.

Has anything changed recently that affects this?

Yes. Burlington passed a new Residential Zoning By-law in March 2026 with updated additional residential unit parking rules, and Oakville has an active 2026 zoning amendment process affecting residential low-density zones. We stay current on both and confirm what applies to your property before designing your suite.

Is the work guaranteed?

Yes. 707 Reno backs all of its basement apartment and secondary suite work with a 3-year workmanship warranty.

Also planning a bathroom renovation? See our bathroom renovation page →

Find out if your address qualifies

Zoning, parking, and entrance feasibility vary lot by lot. Book a free assessment and we’ll confirm what’s actually possible at your address before any design work starts.

Call 647-862-1959 Email hello@707reno.com

707 Reno Design & Build is a licensed and insured residential renovation contractor serving Oakville, Burlington, Milton, and Halton Hills, Ontario. Zoning and by-law information summarized here reflects publicly available municipal sources as of mid-2026 and is provided for general guidance only — it is not legal advice. Zoning, parking, and registration requirements vary by property and are confirmed per project with the applicable municipality. Code requirements reflect the 2024 Ontario Building Code. Workmanship backed by a 3-year warranty.