When and How to Apply for Building Permits in Toronto
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Most property construction or demolition work in Toronto requires a permit. Failing to obtain a required permit can result in work stoppages, penalties, and problems with property resale. In this article, we provide an overview of when a permit is required, how to apply for one, and what to do in the event of a permit dispute.
When is a Building Permit Required?
The Ontario Building Code Act (the “BCA”) requires a permit for a variety of construction and demolition projects, as well as certain additions and material alterations.
Some common projects that require a building permit include:
Constructing a new building
Constructing an addition to an existing building (e.g. a porch)
Constructing a deck more than 60 cm above ground
Making structural or material alterations (e.g. adding or removing walls; adding new windows or doors where there were none before)
Constructing a shed with an area of 15 m2 or more
Constructing an accessory structure (e.g. a detached garage) with an area of 10 m2 or more
In certain circumstances, finishing a basement (e.g. if the work includes structural or material alterations, or installing or modifying heating and/or plumbing systems)
Energy and environmental building improvements (e.g. green roofs)
Some examples of projects that do not require a building permit include:
Adding or replacing insulation
Replacing a furnace or boiler in a house
Installing additional cooling systems, gas fireplaces, air cleaners, in-line humidifiers, or hot water tanks in a house
Repairing and replacing plumbing fixtures
Replacing existing roofing material, provided that no structural work is required
Even if a project does not require a permit under the BCA, you must still comply with zoning bylaws.
If your project requires a permit, it is important that you do not begin the work until your permit application has been approved. If you start the work before obtaining a permit, there may be expensive legal and safety implications.
How do I Apply for a Building Permit?
The City of Toronto website has building permit application guides for different types of projects. The exact documentation you need to submit depends on the type of project.
In general, the following items are required as part of a permit application:
The permit application form: This form requires you to provide information about the project, the purpose of the work, the applicant’s details, and compliance with applicable law.
Required schedules: Schedules may be required to set out information about the project designer or other necessary details.
Additional documentation: This will depend on the type of work being done and could include a survey or site plan, the work plans, etc.
Application fee: The applicable fee depends on the category of work and will be set out in the application guide.
How do I Submit a Permit Application?
Smaller, less complex projects within a predefined scope are processed on an expedited basis through the City’s Express Services stream. Certain types of small residential and commercial projects, along with sign permits, are included in Express Services.
For the following stand-alone residential projects, you can submit your application through the City’s online application portal:
Decks
Porches
Detached carports
Detached garages
Ancillary structures
For all other small residential and commercial Express Services projects, you can send your application via email to bldapplications@toronto.ca.
All sign permit applications should be sent via email to signbylawunit@toronto.ca.
For other project types, detailed guidelines for the email submission process are set out here. Not all projects are eligible for email submission.
What is an Order to Comply?
The City of Toronto will issue an Order to Comply (an “Order”) when it determines that there has been a violation of the Building Code or the BCA. Orders typically include details about the violation, a list of the required actions to be taken, and the deadline for these actions.
If you receive an Order, the first thing you should do is read the Order carefully to understand which law you are alleged to have contravened. You should also pay attention to the deadline set out for compliance.
This is important because failure to comply with an Order could result in a fine and/or a Stop Work Order.
If you have questions about an Order, you can contact the officer whose name appears on the Order. Alternatively, you can contact the Municipal Licensing & Standards – Investigation Services department by calling 311.
Disputing an Order to Comply
As a first step, contacting the officer named in the Order or contacting the City through 311 is easier than launching a more formal appeal. You should provide an explanation of your compliance with the BCA and the relevant bylaws, and discuss with the officer how to work toward a solution. Make sure to include a copy of the Order in your correspondence. Affidavit evidence supporting your explanation may also be helpful in arguing your case. You may also want to contact or cc to your city councillor, your provincial member of parliament, and even the Toronto Ombudsman.
If you aren’t satisfied, you can seek to escalate the issue to city management. If this doesn’t help, you can submit a complaint to Toronto Building. If you are unhappy with the resolution of your complaint, you may then appeal to the Chief Building Official. If these avenues are unsuccessful, Orders may be appealed to the Superior Court of Justice or to the Ontario Building Code Commission (“BCC”).
The BCC is responsible for resolving disputes about Building Code issues. They address disputes regarding technical compliance with the Building Code, the time period for site inspections, and the time period for processing permit applications. Cases are usually brought by applicants such as builders, developers, and architects, against respondents such as building inspectors, chief building officials, and other officials.
To request a hearing with the BCC, the first step is to email them at codeinfo@ontario.ca and request a BCC application form for the type of project you’re doing. There are separate forms for buildings/structures, inspection time frames, permit processing time frames, and sewage systems. You will then be required to complete the relevant form, pay the fee for your application type, and gather supporting documentation. The signed application form and supporting documentation must then be provided to the BCC.
Legal Help with Toronto Permits or Disputing an Order to Comply
If you believe that you have received an Order to Comply that you would like to dispute or need help complying with, our firm’s lawyers may be able to assist. You can book a 15 minute free or 60 minute paid consultation with the firm to discuss engagement using the button below.
