Malahide zoning for small homes
Township of Malahide, in the County of Elgin. Population 9,308 (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 · Malahide’s term: “second dwelling unit / secondary dwelling unit (in an accessory building)”
One second dwelling unit is permitted in an accessory building where a single unit or semi-detached dwelling is permitted, in settlement-area zones (s. 4.30) and agricultural zones (s. 4.31), with size and bedroom limits. [1]
- Where allowed
- Settlement areas (VR1, VR2, HR, RR zones; s. 4.30) and agricultural zones (s. 4.31) [2]
- Number allowed
- One second/secondary dwelling unit; in agricultural zones not permitted if a garden suite, supplementary farm housing or seasonal farm dwelling already exists [2]
- Maximum size
- Settlement areas: 75 m², one bedroom (s. 4.30 b); agricultural zones: 60% of the main dwelling's floor area to a maximum of 125 m² (s. 4.31 b) [2]
- Maximum height
- 6.0 metres or two storeys for accessory buildings (s. 6.3.2 h; A4 zone s. 5.3.1 h) [2]
- Setbacks
- Accessory buildings at least 1.2 m from any lot line in residential zones, not in front or exterior side yard (s. 6.3.2) [2]
- Separation from house
- Residential zones: at least 1.0 m from the main building (s. 6.3.2 i); agricultural zones: no more than 30 m from the main dwelling (s. 4.31 b v) [2]
- Parking
- One dedicated parking space [2]
- Servicing
- Settlement areas: municipal water and sewer where available, otherwise approved private well/septic; agricultural zones: served by the main dwelling's existing well and septic [2]
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. [3][4][5]
Tiny home on a foundation
A small house as the main home on its own lot. The key rule is any minimum dwelling size.
Allowed with limits · Malahide’s term: “single unit dwelling”
Zone standards set a minimum dwelling floor area above 37 m² in the residential and agricultural zones.
- Minimum dwelling size
- 90 m² in VR1 and HR; 75 m² in VR2; 100 m² in RR; 56 m² in MH (s. 6.2.1 table); 90 m² in A1, A3 and A4 (s. 5.2.1 table) [2]
Ontario-wide rule
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. [3][6][7][8][9][10][11]
Tiny home on wheels or park model
Living full-time in a tiny home on wheels or a park model home.
Allowed with limits · Malahide’s term: “mobile home / travel trailer”
Using a travel trailer, truck camper or motor home for living or sleeping is prohibited, while mobile homes (CSA Z240, on a full concrete foundation) are permitted in the Mobile Home Park (MH) Zone; site-specific temporary use by-laws have permitted garden suites.
- Where allowed
- Mobile Home Park (MH) Zone; parks limited to lands designated Hamlet, Village and Suburban Area; existing parks at 13488 Imperial Road (Lyons), 9339 Hacienda Road and Port Bruce [2]
- Temporary garden suite
- Amendment list records site-specific temporary use by-laws permitting a garden suite (e.g. By-law 18-57, for a maximum of 20 years) [2]
- Minimum dwelling size
- 56 m² in the MH zone [2]
- Approvals
- Prohibited in any zone: use of any travel trailer, truck camper or motor home for living, sleeping or eating (s. 4.25 b) [2]
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. [11][6][3][8][7]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
Not allowed · Malahide’s term: “accessory building / cabin”
Accessory buildings may not be used for human habitation except for a permitted second dwelling unit; the by-law's 'cabin' definition (sleeping building without kitchen) relates to campgrounds and similar uses rather than residential lots.
- Maximum size
- Accessory building floor area max 120 m² (VR1, VR2), 150 m² (HR), 200 m² (RR, A4) (zone tables) [2]
- Approvals
- Accessory buildings not used for human habitation unless specified (definition 2.2 c; s. 6.3.2 a) [2]
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. [8][6][3][12]
Official links
Last confirmed October 2026.
Notes and caveats
Sources
- Township of Malahide web page (malahide.ca)
- Comprehensive Zoning By-law 18-22
- Planning Act (Ontario e-Laws)
- O. Reg. 299/19: Additional residential units (Ontario e-Laws)
- Development Charges Act, 1997 (Ontario e-Laws)
- Government of Ontario PDF
- Build or buy a tiny home: Building Code requirements (Government of Ontario)
- Building Code Act, 1992 (Ontario e-Laws)
- O. Reg. 163/24: Ontario Building Code (Ontario e-Laws)
- 2024 Ontario Building Code (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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