Brooke-Alvinston zoning for small homes

Municipality of Brooke-Alvinston, in the County of Lambton. Population 2,359 (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 with limits · Brooke-Alvinston’s term: “second dwelling unit”

The zoning by-law permits one second dwelling unit only within a single detached dwelling, and accessory buildings may not be used for human habitation, so it has no provision for a detached backyard unit. On fully serviced urban residential lots, Planning Act s.35.1 prevents zoning from prohibiting one residential unit in a building ancillary to a house. Ontario's Planning Act (s. 35.1) overrides zoning provisions that would prohibit one unit in a building ancillary to a house on serviced urban land. [1][2]

Where allowed: In zones where single detached dwellings are permitted, a second dwelling unit may be established in the single detached dwelling; only one additional dwelling unit permitted (s.3.8) [3]
Parking: One parking space for the additional dwelling unit, located in an interior side yard, rear yard or garage (s.3.8 b-c) [3]
Servicing: On private on-site sewage systems, the conversion must be approved under Part 8 of the Ontario Building Code before the unit is established (s.3.8 h) [3]
Approvals: Accessory buildings, structures or uses shall not include any building used for human habitation, except as specifically permitted (s.3.3.1 b) [3]
Approvals: Planning Act s.35.1(1)(c): a zoning by-law may not prohibit one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land (fully serviced settlement-area lot) if the house contains no more than two units (statute text as quoted in an official West Grey staff report) [4]

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][5][6]

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 Brooke-Alvinston’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][7][8][9][10][11][12]

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) [10]
Smallest practical size (provincial guidance): The Ministry's guide says an open-concept tiny home can be as small as 17.5 m². [11]
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)) [7]
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.) [10]
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.) [10]

Tiny home on wheels or park model

Living full-time in a tiny home on wheels or a park model home.

Not allowed · Brooke-Alvinston’s term: “travel trailer / motor home / mobile home”

No travel trailer, truck camper or motor home may be used for living or sleeping in a Residential Zone for more than 30 days in any 10 consecutive months, and the use of a mobile home as a habitable room or building is prohibited in all zones. The by-law has no mobile home park zone and prohibits privately owned travel trailer camps.

Where allowed: No Travel Trailer, truck camper, or Motor Home shall be used for the living, sleeping or eating accommodation of Persons within any Residential Zone for more than thirty (30) days in any period of ten (10) consecutive months (s.3.12) [3]
Temporary garden suite: Where a single detached dwelling is destroyed or damaged by fire or natural disaster, a motor home, travel trailer or mobile home may be used as a temporary dwelling while a building permit is in place, removed within 240 days (extendable by Council) (s.3.12); no Planning Act s.39.1 garden suite provision in the consolidated by-law [3]
Approvals: Uses prohibited in all zones include the use of a Mobile Home as a Habitable Room or as a Building or Structure or part thereof, and year-round privately-owned Travel Trailer camps or camping grounds (s.3.2 b, h) [3]

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. [12][10][2][7][11]

Bunkie or sleeping cabin

A small sleeping building with no kitchen, usually beside a cottage or house.

Not allowed · Brooke-Alvinston’s term: “accessory building”

Accessory buildings may not include any building used for human habitation unless specifically permitted, and the by-law contains no bunkie, sleep cabin or guest cabin permission. The municipality has no waterfront residential zone.

Maximum height: Accessory buildings in Residential Zones: 5.5 m, measured from finished floor; total accessory lot coverage 10% (s.3.3.4) [3]
Approvals: Accessory Building, Structure or Use shall not include any Building used for human habitation, except as specifically Permitted in this By-law (s.3.3.1 b) [3]

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. [7][10][2][13]

Official links

Last confirmed October 2026.

Notes and caveats

Read the County of Lambton office consolidation dated February 2026 (amendments to B/L 36 of 2025). The consolidation PDF does not include Table A (zone regulations referenced in s.4.7), so minimum lot sizes and any minimum dwelling floor area for the R1/A1 zones could not be read; tiny_home_foundation is omitted (the by-law body text sets no minimum for single detached dwellings; a single-wide mobile home is defined as at least 65 m² and converted-dwelling units at least 35 m²). A July 2026 review draft of a new by-law is posted (https://brookealvinston.com/wp-content/uploads/2026/07/Draft-Brooke-Alvinston-Zoning-Bylaw-JULY-2026-DRAFT.pdf) with a draft Table A (https://brookealvinston.com/wp-content/uploads/2026/07/BA-ZBL-Table_A_DRAFT-JULY-2026.pdf); the draft adds 'Dwelling, Additional Residential Unit' provisions including detached units (s.3.7) and a garden suite definition under Planning Act s.39.1. Answers will likely change once a new by-law is passed. Planning Act s.35.1 text read as quoted in an official West Grey staff report because the e-laws page did not render. The planning page (https://brookealvinston.com/planning/) has no ARU guide.

Sources

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