Adding a 400 sq ft suite above my garage in Legacy - does it count toward the 85 sq m backyard suite limit?

Yes, a 400 sq ft (37 sq m) suite above your garage would count toward Calgary's 85 sq m (915 sq ft) backyard suite limit, and you'd be well within the allowable size.

In Calgary's zoning bylaw, backyard suites include garage suites — any secondary dwelling unit located in an accessory building on your property. Whether it's a standalone garden suite, a suite above an existing garage, or a new garage with suite above, they all fall under the same backyard suite regulations. Your proposed 400 sq ft suite is actually quite modest compared to the maximum allowed size.

Legacy is zoned R-1 (Residential - Contextual One Dwelling), which permits backyard suites as a discretionary use. This means you'll need both a development permit and building permit from the City of Calgary. The development permit process typically takes 6-12 weeks and involves neighbor notification — adjacent property owners can provide input on your application. Since Legacy is a newer community with established design guidelines, the City will review your proposal for compatibility with the neighborhood character.

Key requirements for your garage suite project include maintaining setbacks from property lines (typically 1.2m from side/rear), ensuring adequate parking remains on-site, and meeting building code requirements for a separate dwelling unit. The suite must have its own entrance (can be external stairs), egress windows in bedrooms, fire separation from the garage below, and interconnected smoke alarms. Kitchen and bathroom facilities are required to qualify as a dwelling unit rather than just a bonus room.

Budget considerations for a 400 sq ft garage suite typically range from $80,000-$150,000 in Calgary, depending on finishes and whether you're building new or converting existing space above a garage. This includes structural modifications, insulation, electrical (200A service upgrade often needed), plumbing rough-in, HVAC extension, interior finishes, and separate entrance construction. Add development permit fees ($1,500-$3,000) and building permit fees based on construction value.

Start by applying for your development permit through calgary.ca or calgaryplanningpermit.ca. You'll need site plans showing the suite location, floor plans, and elevations. Once approved, proceed with detailed construction drawings for your building permit application.