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Legal Basement Apartments · Markham · Updated September 2026

Legal Basement Apartment in Markham: Cost, Rules and What It Earns

Built from Desire Basements' completed GTA suites, the 2024 Ontario Building Code and the City of Markham's own rules. Every figure is sourced at the bottom of the page.

A purpose-built legal basement apartment in Markham typically costs $75,000 to $110,000+ with Desire Basements, before underpinning where the ceiling is below the Code minimum. GTA legal suites rent for $1,700 to $2,400 a month in 2026, which puts gross payback at roughly 4 to 6 years. The suite needs a building permit from the City of Markham, a separate entrance, a full kitchen and bathroom, a 30-minute fire separation, interconnected alarms and a proper egress window, and it has to clear inspection before anyone moves in.
$75–110K+typical legal suite build
$1,700–2,400monthly rent, GTA 2026
4–6 yrsgross payback
1.95 mOBC minimum ceiling

What the City of Markham requires

Every municipality applies the same Ontario Building Code and Fire Code, but the approval path differs from one city hall to the next. This is Markham's.

ItemThe Markham rule
Where a suite is allowedMarkham's urban residential lots are now permitted up to three units per lot. Each unit needs its own kitchen, bathroom, living, sleeping and eating areas and a protected path to an exit.
PermitA building permit from Markham Building Standards, with staged inspections through to final occupancy approval.
RegistrationMandatory. Under the Occupancy Registration of Two-Unit Residential By-law 2018-57, all two-unit houses must be registered with the City: a $246 registration fee and a $260 initial inspection by Markham Fire and Emergency Services. Suites built before July 1, 1993 use a Two-Unit House Declaration form.
Fire inspectionMarkham Fire inspects the suite for fire separation, alarms and egress before it is registered. We design to pass it the first time.
Why it mattersA registered suite is the one a buyer's lawyer, an insurer and a tenant's landlord-tenant board case will all accept. In Markham, unregistered is the same as illegal.

We prepare the drawings, file the permit with the City of Markham, book every inspection and, where the City requires it, complete the registration. Nothing in that list lands on your desk.

The 2024 Ontario Building Code rules a Markham suite must meet

These are the items the inspector checks, and the ones a cheap quote quietly leaves out. They come from the 2024 Ontario Building Code provisions for a secondary suite in an existing house.

RequirementMinimumWhat it means on site
Ceiling height1.95 m (6 ft 5 in)1.85 m allowed under beams and ducts. Lower than that means underpinning or bench footing before anything else.
Egress window0.35 m² clear openingNo dimension under 380 mm; it must open without tools and stay open on its own.
Fire separation30 minutesBetween the suite and the rest of the house, floor assembly and shared walls, doors included.
Smoke alarmsInterconnectedEvery smoke alarm in the house sounds together, hard-wired or wireless, so a fire in one unit wakes the other.
Carbon monoxide alarmsEach bedroom and storeyBeside every sleeping room in the suite and on each storey, where the house has fuel-burning appliances.
Doors810 mm suite entranceBedroom doors at least 760 mm. Old 24-inch basement doors do not pass.
Separate entranceRequiredA walkout or side entrance, or a properly separated shared entry; a walkout runs $15,000 to $25,000 all in.

What a legal suite costs in Markham

The suite is priced like any other basement, then the Code items are added as lines you can see. Our published finish rates are $55, $70 and $90 per square foot; a suite is usually built at Essential or Signature, because the tenant pays for a warm, quiet, well-lit unit, not for stone.

Line itemTypical cost
Finished space, 800 to 1,000 sq ft at Essential or Signature$44,000–$70,000
Three-piece bathroom with tiled shower$18,000–$28,000
Walkout or separate entrance, permits included$15,000–$25,000
Kitchen, fire separation, alarms, egress window, permit and inspectionsincluded in the suite quote
Full-perimeter underpinning, only where the ceiling is under 1.95 m$60,000–$120,000
Typical purpose-built legal suite, no underpinning$75,000–$110,000+

Desire Basements published rates and itemized add-ons; every project is quoted exactly after a free in-home consultation. Full breakdown in the 2026 GTA cost report.

Markham's stock splits in two: 1970s and 80s houses in Unionville, Milliken and Thornhill with seven-foot-plus basements and separate side doors, and 2000s subdivisions in Cornell, Berczy and Wismer with full-height basements and no rough-in for a second kitchen. The first group needs less structure and more drainage work; the second is the easiest suite we build. Our Markham median completed project is $89,000 across all basement types.

Rent versus cost: run your own numbers

GTA legal suites rent for $1,700 to $2,400 a month in 2026. Move the sliders to your build cost and the rent you expect, and the calculator shows gross payback and ten-year income. It is a planning tool, not a quote and not tax advice.

$23,100gross rent per year
4.1 yrsgross payback
$231,000ten-year gross income

Gross figures before property tax, insurance, utilities, maintenance and income tax. Rent range from the Desire Basements 2026 cost report. Financing can spread the build into monthly payments the rent typically covers.

How the build runs

Design first: a free in-home visit, measurements, a ceiling-height check and a free 3D design of the suite. Then permit drawings, filed with the City of Markham while the design is finalised, so review time overlaps with planning instead of following it. Construction takes about eight weeks for a typical basement; suites run to the longer end of our 4 to 11 week range because of the kitchen, the second bathroom and the fire-separation work, and underpinning adds weeks of its own. Every quote is fixed and itemized before you sign, the timeline is written into the contract and backed by our $200-per-day on-time guarantee, and the workmanship carries a lifetime warranty.

One honest caution. If your basement ceiling is under 1.95 metres, the suite is a structural project before it is a finishing project. We will tell you that at the first visit, with the underpinning number attached, rather than after the drawings are done.

Legal basement apartment questions, Markham

How much does a legal basement apartment cost in Markham?

Purpose-built legal suites in Desire Basements projects typically land between $75,000 and $110,000 or more, with underpinning ($60,000 to $120,000 full perimeter) extra where the ceiling is under the 1.95 metre minimum. The finished space, bathroom, separate entrance, kitchen, fire separation, alarms, egress window, permit and inspections are all inside that number.

Do I need a permit for a basement apartment in Markham?

Yes. A building permit from the City of Markham with staged inspections, and the suite must meet the 2024 Ontario Building Code and the Ontario Fire Code. Desire Basements prepares the drawings, files the permit and manages every inspection.

How much rent does a basement apartment earn in Markham?

GTA legal suites rent for $1,700 to $2,400 a month in 2026. At $2,000 a month, a $95,000 suite pays back its gross cost in a little over four years, before operating costs and tax.

What is the minimum ceiling height for a basement apartment in Markham?

1.95 metres (about 6 feet 5 inches) under the 2024 Ontario Building Code for a secondary suite in an existing house, with 1.85 metres allowed under beams and ducts. Below that, underpinning or bench footing is required first.

Does a basement apartment need its own entrance in Markham?

Yes. A walkout or side entrance, or a properly fire-separated shared entry. A new walkout entrance costs $15,000 to $25,000 all in, permits included.

Get a Fixed, Itemized Suite Quote + Free 3D Design

Legal basement apartments by city

Toronto Vaughan Mississauga Richmond Hill All legal basement apartments

Sources: City of Markham additional residential unit and second unit rules as published by the City; Ontario Building Code 2024, Part 11, secondary suites in existing houses; Desire Basements completed-project data, 2026 GTA Basement Cost Report. See also the Markham basement renovations and the rental income guide. Municipal rules change; confirm the current requirement with the City before you sign a lease.

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