DO I NEED A BUILDING PERMIT FOR MY NEW BUILDING OR RENOVATION?

We are often asked under what circumstances a building permit is required. The answer to this question is not clear cut; it may differ by municipality. To help you determine if your project will require a building permit, we have compiled some general information.

What is a Building Permit?

A building permit is a document that enforces the Ontario Building Code (OBC), municipal zoning by-laws and other planning controls and legislation. It is a set of regulations that provide minimum standards of construction with the intention of protecting the building owner and members of the community. By following the guidelines provided by the OBC (the current applicable edition is the 2012 Building Code Compendium, Volumes 1 and 2), you can be certain that your building meets the regulations for health, fire safety, structural adequacy, energy efficiency, buildings accessibility and resource conservation.

The Ontario Building Code is the document that provides the rules to build by.

Where Can I Apply for a Building Permit?

There are many different types of permits available through your municipal building department. While a building permit is typically issued for new building construction and renovation, a demolition permit will be required before demolishing all or part of a building. A change of use permit will be required, even if no construction is performed, before you change the use of a building (i.e. a change from retail use to office use).

When is a Building Permit Required?

If you are building any structure (i.e. home, cottage, farm building, commercial or industrial building) or making major renovations to an existing structure, you are obligated to obtain a building permit.

Which Projects Require a Building Permit?

It is important that you know that the following lists are not exhaustive. It is always a good idea to check with your architectural designer or your municipal building department if you are not sure whether you need a building permit or not.

A building permit is required before you:

Excavate or construct a foundation for a building
Excavate a basement to increase existing headroom and under-pinning foundation walls
Build a new home, cottage or any building (i.e. detached garage, workshop, pool cabana or shed) that is greater than 10 square metres (108 square feet) in size, or locate a structure, such as a mobile home, on your property
Build a building or an addition less than 10 square metres (108 square feet) in size, which has plumbing
Undertake major renovations or repairs (see below) on an existing building
Install, alter, extend or repair an on-site sewage, plumbing or mechanical system
Replace a furnace that is replacing fuel type, capacity or efficiency
Construct a chimney serving a solid fuel fire appliance
Change the use of a building (i.e. office use to retail use) even if no construction is required
Introduce energy and environmental building improvements involving solar or wind energy, rain water retention and/or green roofs
Construct a basement walkout
Construct a heated or unheated sunroom or balcony
Build a deck, or retaining wall (may depend on your municipality’s size and height requirements)
Construct roofing with structural work: i.e. dormers, skylights and/or solar panels
Install a pool, hot tub or spa
Repair structural damage or damage caused by fire
Erect a tent or series of tents with a combined area of 60 square metres (645 square feet) maximum or one that is less than 3 metres from a building or other structure.
If serving liquor at a function you will require an Occupant Load Permit Liquor License application

If you are renovating an existing home or cottage, you may need a building permit. A permit is required before you begin:

Constructing an addition (i.e. second story addition, attached garage or carport, porch or deck)
Making structural or material changes (i.e. adding or removing walls, introducing windows or doors where they did not previously exist, enlarging existing windows or doors and/or enclosing an existing deck or porch)
Finishing a basement if renovations include excavating and/or constructing foundations, underpinning, structural alterations, the introduction of a basement entrance, the creation of a second suite and/or installing or modifying plumbing or heating systems
Installing a chimney, fireplace or wood burning stove or reconstructing a chimney or fireplace
Installing a backwater valve or backflow prevention device
Demolishing or removing a portion of or the entire building

Which Projects Do Not Require a Building Permit?

The following list provides some instances when a building permit typically is not required. Please note that you will still be obligated to comply with the Zoning By-law requirements for your property.

Installing cabinetry, millwork (trim) and/or floor finishing
Painting or decorating
Adding or replacing insulation.
Replacing windows or doors in their existing location using the same size of window or door
Installing a skylight in an existing house or building that is 3 storeys or less and does not require the removal of more than one rafter or joist.
Recladding a house or building that is less than 3 storeys with a non-combustible material other than stone or brick.
Installation of chimney caps, chimney liner and repointing of brick work
Finishing the basement of a residential unit (on condition that structural and/or material alterations are not included, new plumbing systems are not introduced and new dwelling units are not created
Replacing an existing boiler or furnace
Repairing or replacing existing plumbing fixtures
Installing additional gas fireplaces, cooling systems, air cleaners, humidifiers, hot water tanks and/or a sump pump in a single detached, semi-detached or townhouse dwelling unit
Undertaking waterproofing repairs in the basement where there is no structural work involved
Replacing roofing materials (on condition that the structure of the roof is in a state of good repair)
Constructing an uncovered deck less than 10 square metres (107.6 square feet) in size and not attached to the main building; it cannot be part of an exit and must comply with the Zoning By-law
Installing eaves, provided that the drainage is contained within the owner’s property
Building a low retaining wall on private property (depends on your municipality’s requirements)
Introducing plastic sheet covered accessory structures i.e. automotive canopy (depends on your municipality’s requirements)
Emergency drain repair
Repair non-structural damage or non-mechanical fire damage

What Will Happen if I Build/Renovate Without a Building Permit?

The price for building or undertaking major renovations without a permit can be expensive and time-consuming. The building inspector has the authority to shut down your project until the building permit is acquired. If the building or renovation is not approved by your municipal building department, you may be required to undo the work already done.

How Do I Apply For a Building Permit?

The application for your building permit must be submitted to your municipal building department. It is typically accompanied by drawings depicting the desired design and proof of compliance to the guidelines set forth in the OBC.

We Can Help

If you are thinking about renovating or building a new structure, give us a call. We can help you to obtain your zoning information, advise you on the OBC requirements as they apply to your project, create the design drawings, prepare the drawings that will be used in your application and even apply for the permit on your behalf.