Bayham zoning for small homes
Municipality of Bayham, in the County of Elgin. Population 7,096 (2021 census).
Backyard suite
A separate home in the yard of a house: garden suite, laneway suite or coach house, including prefab, modular or container units used this way.
Allowed · Bayham’s term: “additional residential unit”
Where a single detached, semi-detached or row house dwelling is permitted, one additional residential unit may be located in a detached accessory building, sized up to 40% of the primary dwelling's gross floor area and within 40 m of it. [1]
- Number allowed
- 1 ARU on lots with partial or private services; 2 on lots with full municipal water and sewer; max 1 in a detached accessory building (s. 4.59) [1]
- Maximum size
- Gross floor area per ARU no more than 40% of the primary dwelling unit's gross floor area (s. 4.59(e)); accessory buildings in the R1 and HR zones max 75 m² or 8% lot coverage, whichever is less [1]
- Maximum height
- Accessory buildings 6.0 m and 2 storeys generally (s. 4.2); 4.5 m in the R1 and HR zones [1]
- Separation from house
- Within 40 m of the primary dwelling (s. 4.59(f)); accessory buildings at least 2.0 m from the main building (s. 4.2) [1]
- Setbacks
- Accessory buildings at least 1.0 m from any lot line and not in the front yard (s. 4.2) [1]
- Parking
- 1 space per ARU (s. 4.59(h)) [1]
- Servicing
- Must connect to approved private and/or municipal water and sewer services to the satisfaction of the Municipality and Southwestern Public Health (s. 4.59(a)) [1]
- Approvals
- Building permit required (s. 4.59(i)); not permitted in farm buildings (s. 4.59(g)); the primary dwelling must have existed for the timeframe specified in the Ontario Building Code (s. 4.59) [1]
Ontario-wide rule
Ontario law stops municipalities from banning one residential unit in a building ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, as long as the lot has no more than three units in total. Municipalities still set most other zoning rules, but provincial law limits parking requirements, minimum unit size, lot coverage and separation distances. These units are also exempt from development charges and parkland dedication. [2][3][4]
Tiny home on a foundation
A small house as the main home on its own lot. The key rule is any minimum dwelling size.
We haven’t researched Bayham’s by-law for this yet.
What applies everywhere in Ontario
Ontario law sets no minimum total size for a house that is the main dwelling. The Building Code sets minimum room areas, so the smallest compliant dwelling is roughly 17.5 m² by the Province's own estimate. Municipalities may still set minimum floor areas for main dwellings in their zoning by-laws. The provincial ban on minimum sizes covers only additional residential units. [2][5][6][7][8][9][10]
- Provincial minimum dwelling size
- No statute sets a minimum total floor area for a main dwelling. The Planning Act lets zoning by-laws regulate the 'size, floor area' of buildings. The ban on minimum floor areas in ss. 35.1(1.2) and 16(3.2) covers only additional residential units. (Planning Act s. 34(1) para. 4; s. 35.1(1.2)) [2]
- Building Code minimum room areas
- Living area 13.5 m² (11 m² when combined with kitchen and dining in a unit sleeping 2 or fewer). Dining 3.25 m² combined or 7 m² separate. Kitchen 4.2 m² (3.7 m² for 2 or fewer persons). Master bedroom 9.8 m² (8.8 m² with built-ins). Other bedrooms 7 m² (6 m² with built-ins). Bedroom space combined with other space 4.2 m². A fully combined living, dining, bedroom and kitchen space for 2 or fewer persons must be at least 13.5 m². An enclosed bathroom with a water closet, lavatory and tub or shower is also required. (2024 Building Code, Div. B, Subsections 9.5.3A-9.5.3F) [8]
- Smallest practical size (provincial guidance)
- The Ministry's guide says an open-concept tiny home can be as small as 17.5 m². [9]
- Building permit
- A building permit is required to build a house, including a factory-built one placed on the lot. (Building Code Act s. 8(1)) [5]
- Factory-built homes (CSA A277 / Z240.2.1)
- A manufactured Part 9 building is deemed to comply with the Code if it is built to CSA Z240.2.1 (sections no wider than 4.88 m) or certified to CSA A277. The Code still applies to components built outside the factory and to site installation, such as foundations and anchorage. (2024 Building Code, Div. B, Article 9.1.1.9.; Div. C, Article 1.12.1.1.) [8]
- Tiny houses built off-site
- For houses with one dwelling unit and 37 m² or less in building area that are partly built in one municipality and installed in another (or at a location not yet known), the Code sets up a two-permit process. The originating municipality reviews construction. The receiving municipality's permit covers applicable law and site installation. In effect since January 1, 2022 and carried into the 2024 Code. (2024 Building Code, Div. C, Section 1.11.) [8]
Tiny home on wheels or park model
Living full-time in a tiny home on wheels or a park model home.
Allowed with limits · Bayham’s term: “mobile home / park model trailer / recreational vehicle”
Mobile homes may be used as dwellings only where the by-law lists them as a permitted use, mainly the Mobile Home Park (MH) zone. Recreational vehicles, including park model trailers, may not be used for human occupancy except short guest stays at an existing dwelling. [1]
- Where allowed
- Mobile Home Park (MH) zone: one mobile home or modular dwelling per mobile home site (s. 12); a mobile home may not be used as a dwelling unless that use is specifically listed for the zone (s. 4.8(c)) [1]
- Temporary garden suite
- Not addressed; a mobile home or travel trailer may be used as 'temporary living quarters' while a new dwelling is built, under an agreement with the Municipality (definition, s. 2) [1]
- Approvals
- No recreational vehicle (which includes park model trailers) may be used for human occupancy, except at an existing dwelling in a residential zone for occasional guests for one period of up to 10 consecutive days per calendar year (s. 4.16) [1]
Ontario-wide rule
Ontario has no single rule for living full-time in a tiny home on wheels. A unit on wheels can count as a 'building' that needs a permit and must meet the Building Code once it stays in one place, is hooked up to services or is anchored. Park model trailers are recognized only as seasonal recreational buildings. Municipalities may allow a portable garden suite under a temporary-use by-law for up to 20 years, with extensions of up to 3 years each. [10][8][2][5][9]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
Not allowed · Bayham’s term: “accessory building”
The by-law has no sleeping cabin or bunkie provision, and accessory buildings may not be used for human habitation except where a dwelling unit is a permitted accessory use. An additional residential unit in a detached accessory building is the permitted form. [1]
- Kitchen
- Accessory buildings shall not be used for human habitation, except where a dwelling unit is a permitted accessory use (s. 4.2(a)) [1]
Ontario-wide rule
Ontario law has no rule written specifically for bunkies or sleeping cabins. Whether one needs a building permit depends on the Building Code Act's definition of 'building' and the Code's shed exemption. That exemption covers only storage-use sheds, so it does not cover a structure used for sleeping. Municipal zoning rules for accessory buildings still apply. [5][8][2][11]
Official links
Last confirmed October 2026.
Notes and caveats
Sources
- Zoning By-law Z456-2003 (consolidated December 18, 2025)
- Planning Act (Ontario e-Laws)
- O. Reg. 299/19: Additional residential units (Ontario e-Laws)
- Development Charges Act, 1997 (Ontario e-Laws)
- Building Code Act, 1992 (Ontario e-Laws)
- O. Reg. 163/24: Ontario Building Code (Ontario e-Laws)
- 2024 Ontario Building Code (Government of Ontario)
- Government of Ontario PDF
- Build or buy a tiny home: Building Code requirements (Government of Ontario)
- Build or buy a tiny home: permits and inspections (Government of Ontario)
- Building Code updates (Government of Ontario)
Not legal advice
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