People ask a lot of questions!
Here are some answers.
It is not legal or insurance advice - for that consult the right people.
This is just me trying to be quick and informative to get you started.
INDEX
About Surveys
About My Services
About My Fees
About How Long Things Take
About Building Permits
About Other Building Related Permits
About Other Land Use Activities
About Other Construction/Permit Issues
ABOUT SURVEYS
What is a Survey?
A property Survey is a drawing showing exactly where your building sits on your land.
Do I need a Survey?
If you are planning an Addition or New building you will need a survey.
If you are working within the existing building, you probably won’t.
When should I get a survey?
As fast as possible if you are serous about getting started on your project.
It is the FIRST document you should get.
How to I get a survey?
Check your files and see if you have one.
Check with your Municipality’s Building Records Department or Archive
Check online at www.protectyourboudaries.com.
Buy a new survey.
When should I buy a new survey?
When you can’t find one
When the survey on hand does not show neighbouring houses correctly.
When the survey on hand is illegible or lacks sufficient dimensions.
Can I use an old crappy survey for a Building Permit?
Yes – sometimes. It depends on the project scale.
Can I use an old crappy survey for a Committee of Adjustment/Planning application?
No – it’s unlikely though it is sometimes possible - doing this could waste a ton of time and money.
Is it worth using an old crappy survey?
Sometimes but not very often. It will almost always be best to have a good accurate survey.
How do I find a surveyor?
You can go online and look. In general, for a house project look for small company. Call me if you get stuck or need to know what to ask for.
How long does it take to get a survey?
It can take a while - usually about 4 to 8 weeks.
What do I ask for when I order a new survey?
For a house ‘addition’ in Toronto the gold-standard is ask for a “Boundary Survey with geodetic spot elevations and the locations of all trees within 6m of all property lines”.
If you want to cheap out just go for the Boundary Survey with the spot elevations - do non-geodetic elevations if that saves you more.
If you are really penny pinching, get just the Boundary survey - but this is really a false economy as I will now charge you more to get all the info the survey is not providing.
For a New House you must order the gold-standard with all three things.
ABOUT MY SERVICES
Do you only do houses?
No, I do houses and what are called ‘multi-plexes’ - duplexes, triplexes, fourplexes and beyond.
Will you do a commercial project?
Not usually, it depends. You can try me and see.
Will you do a small project?
Yes. Sometimes. It depends. You can try me and see.
Do you work with an Interior Designer?
No - or at least not with any one person - usually you can bring the interior designer and I work with them.
I have old drawings of my building - will you use these for your work?
No. I will almost always make drawings of the existing building - that way I know they are up-to-date and accurate.
A lot of time and money can be wasted if the drawings are inaccurate.
Do you design Kitchens and/or other cabinets?
I can but no: It usually makes no financial sense to pay me to do them.
Kitchen companies or ‘Millwork’ shops often have staff to do the design.
Also, they can supply insights on trends and the latest products that I can not.
Do you do projects outside of Toronto?
Sometimes, but getting stuck in traffic and lack of intimate knowledge with the local regulators can make my fee uncompetitive with a local person.
Do you specify materials and finishes?
I can if you know for sure what you want but in general the answer is no. The most I will say is drywall, hardwood floor etc.
I find for most projects people change their minds too much to make specifying beyond that level of detail worth doing/charging for.
Are you involved during construction?
No. I can be, but it doesn’t happen much.
For most people my Design and Building Permit expertise is the right level of service.
If you are looking for high design, you will want lots of Architect-generated detail drawings and Architect involvement during construction.
If you are looking for mid-range and pretty standard stuff, then what I offer, and good builder will do fine.
Can you recommend builders?
Yes - but - consider them as leads and then do all your homework and satisfy yourselves.
I won’t pass out a name if I heard any complaints about the person.
I am not tied financially to any builders.
ABOUT MY FEES
What is a Fixed Fee?
An agreed upon price for a specific amount of work I will do.
I almost always work on a Fixed Fee basis.
Why should I pay your rates?
You are paying for experience, efficiency and dedication.
If you are comparing me with a less experienced person: One hour with me may save you a week with someone else.
There will be few - if any - surprises.
Working with me is predictable and stress-free.
You will be able to schedule your project realistically.
You are also paying because I care - I deliver on what I say I will do.
Plus - you will always be dealing with the Boss - your job won’t get shunted off to some junior person in a big office.
Do you charge for an initial meeting?
Yes - usually -it kind of depends on where and when the meeting will be.
Why do you charge for a first meeting?
I could spend all day - everyday - meeting people about potential projects or City problems.
The fee is to sort the serious from the casual and in some way to compensate me for my time.
What is an Open-ended job?
It is a ‘task’ based job.
You need something done but it is unclear how long it will take so I end up charging like a lawyer - hourly.
An example would be sorting out some bureaucratic bind you are in.
I will need to go to different places, email and call different people, gather info and strategize and carry out a solution.
There is just no way to say how long that will take and so I call the job ‘open-ended’.
I am conscientious and efficient and will almost always ‘round-down’ the hours spent.
Often - once I can figure out what need to be done - I can propose a Fixed Fee to complete what began as an Open-ended job.
How can I save money on your services?
This depends on the job.
I am open to finding ways to keep costs down.
It will depend on the project.
Do you charge for meetings?
Yes – but only when the meeting takes place after all the work covered by the Fixed Fee contract is over.
Until that time meetings are included in the Fixed Fee.
I may limit the number of meetings in the Fixed Fee contract, however.
Do you charge for emails?
Yes – you would be amazed at the number of emails even small jobs can create.
But note - I only charge when the work covered by the Fixed Fee contract is over.
Until that time emails are included in the Fixed Fee.
Emails add up – even for small jobs – and so I must limit my involvement post Contract.
Do you charge for phone calls and text messages?
Yes – these add up just like the emails so I charge in the same way - and for all the same reasons..
ABOUT HOW LONG THINGS TAKE
How long will it take to get the Permit?
It will almost always take longer than you want.
The best strategy is to start early.
In general:
Small simple jobs - at least 3 weeks
Simple House Additions - at least 6 weeks.
House Additions that need Special Zoning Permission - at least 6 months. Easily 8 to 12 months.
How long will it take to do your drawings?
Depends on size of project, my workload and your availability/speed of decision making.
Small simple jobs – at least two weeks
House Additions – at least four weeks
ABOUT BUILDING PERMITS
What is a Building Permit?
A Building Permit allows you to construct or alter a building or the use of a Building.
In Ontario it is illegal to build almost anything without a Building Permit.
What laws do I need to satisfy to get a Building Permit?
You need to satisfy TWO laws to get a Building Permit:
a. The Ontario Building Code
b. All applicable law – really a bunch of other laws
You only get the Building Permit when BOTH laws have been satisfied.
What are the Applicable Laws?
There are many laws that are ‘Applicable’ to your property but the most common can be called 'Land Use Laws':
What are the Land Use Laws?
These are laws that control what you can Build and Do on your land.
Why are the Land Use Laws the first laws to satisfy?
Because if you can’t build your project due to a Land Use Law nobody will bother seeing if your proposal complies with the second Law – the Ontario Building Code.
What are the most common Land Use Laws for House or Small Multiplex projects?
Zoning bylaws
Conservation Regulations
Tree Protection Bylaws
Heritage Bylaws
What are Zoning bylaws?
Zoning Bylaws control building use, size, and location on the property.
Zoning bylaws are created by your local Municipality (Township, Town, City etc)
Zoning brings up things like floor area, setbacks, parking and Use of the building.
Zoning bylaws are complex and contain many interdependent rules.
It can be very hard for a normal person to understand how the Zoning bylaw will affect a project - you may understand one or two rules but not the interaction or all of them.
Zoning rules are different in different Municipalities.
What are Conservation Regulations?
Conservation Regulations control building size, location and use on lands that are in flood plains or erosion areas.
Conservation Laws can be very, very restrictive on what you can build.
Conservation Regulations can stop you from building any Additions.
Conservation Regulations can stop you from adding a Basement Apartment.
In general Conservation Regulations heavily restrict any building activity where there is a risk of erosion or flooding that may put life or property in danger
Conservation Regulations are administered by Conservation Authorities.
Conservation Authorities are Regional and usually regulate many different Municipalities.
Satisfying Conservation Authorities can become very expensive.
To have your proposal assessed you may need to buy expensive soil and floor engineering studies.
For simple projects with no erosion or flood risk Conservation approval can be easy to get but will still add time to the process.
Many Conservation Authorities supply paper or online maps showing the areas they regulate but the maps are for convenience only.
They have the power to enforce their regulations on any piece of property in Ontario where they feel there are erosion or flood issues.
What are Tree Protection bylaws?
Many municipalities have bylaws to protect Private and Public trees.
They don’t want you hurting or killing trees by digging up or storing heavy construction materials on tree roots.
In Toronto any tree on private land that has a truck diameter at chest height of 12” or more is protected.
This includes all private trees within 20 feet of your property lines – so neighbouring trees as well.
In Toronto ALL City owned trees are protected.
You can get permits to injure or kill trees, but it adds costs and time to the Building Permit process.
If the City thinks you may damage one of their trees, they may oppose you or ask for a deposit against damage.
For big trees the deposits can be substantial – well into the thousands.
What are Heritage bylaws?
Heritage bylaws exist to promote the preservation of buildings thought to be historically significant.
They come in two basic forms - the first is specific to a single building and the other regulates an entire neighbourhood - a ‘Heritage Conservation District’ (HCD).
If your building is ‘listed’ as historic you can assume messing around in the backyard is fine but changing the front may be a headache.
If you are in an HCD - it’s kind of the same but may have more specific ‘design’ rules for what you are building should ‘look like’.
Heritage does not generally care about what you are doing inside the building.
Note: You may be surprised by what the Heritage Department thinks is ‘historically significant’ - so check early.
How do I find out if the proposal conforms with the Zoning bylaw?
I could likely tell you but the gold-standard and best method in Toronto is to carry out a City Zoning Review.
What is a City of Toronto Zoning Review?
A review by the City Building Department staff of a set of drawings to determine conformity with the local Zoning regulations.
If a project conforms with all local zoning rules, then the zoning review will state that it does.
If a project does not conform with all local zoning rules, then the zoning review will list the specific rules that it breaks.
What if I want to build or do something the Zoning bylaws won’t let me build or do?
You can ask for what is called a “Variance” to the Zoning Bylaw.
What is a Variance?
A Variance – more properly called a “Minor Variance” - is ‘special permission’ to break one or more specific rules of the zoning bylaw.
How many Variances can I ask for?
As many as you want – it depends on the project..
Who do I ask a Zoning Variance?
You ask what is called the Committee of Adjustment (commonly known as C of A)
What is Committee of Adjustment (C of A)?
The Committee of Adjustment is a ‘Committee’ to ‘Adjust’ the Zoning bylaw on a case-by-case basis.
The Committee holds hearings.to consider such cases.
It is a public process:
All neighbours within 60 metres will be notified.
Select City Departments will be notified.
The proposal will also be available online to anyone.
C of A is completely routine, but it adds time, money and uncertainty to your proposal.
In Downtown Toronto it can add four to eight months to the Building Permit Process.
Why does Committee of Adjustment take so long?
Workload and some built in legal ‘timelines.
Most of the time is just waiting for your ‘day in court’.
What happens if the C of A approves my project?
Then you wait 21 days to see if anyone appeals the decision.
If no one appeals, then you are done – you have permission to break the zoning bylaw.
What happens it the Committee of Adjustment rejects my project?
Then you can appeal that decision.
What happens when a C of a Decision is appealed?
The appeal will be heard before a more in-depth and formal hearing.
In Toronto those hearings are conducted by what is called TLAB.
Attending TLAB often means hiring a lawyer, a professional planner and can be very expensive.
Is there any alternative to the Appeal process?
Maybe, the City may be able to offer a mediation process but don’t count on it and to be honest I have never used it.
Beyond the above - ask a lawyer - I think you could sue the City is an actual court but don’t quote me on that.
What if I can’t get the Variances I need from C of A, or through appeal?
Then the proposal must be revised or abandoned.
What do I do once I conform with the zoning bylaw?
You do whatever is needed to satisfy any other Land Use regulations that you must satisfy: Tree protection, Conservation, Heritage etc.
What do I do once I satisfy ALL the Land Use Regulations?
You move on to satisfying the second Law you need to satisfy - The Ontario Building Code.
What is the Ontario Building Code?
The Ontario Building Code – the OBC - regulates HOW buildings must be built Ontario.
Among other things the OBC ensures the building is strong enough, safe enough and warm enough.
What if I can’t conform to the OBC?
You must conform to the OBC.
The OBC is however flexible and often solutions to most issues can be found ensuring conformity.
What happens when I satisfy the OBC Laws?
You pay any Development Related Fees to the Municipality - if any are due.
What are Development Related Fees?
In the City of Toronto the most common are:
Development Charges
Parks Levies
Education Charges
What is a Development Charge?
Known as ‘DC’s’ these are fees charged by Ontario municipalities for developing land.
These can be the most expensive and are set by the size of unit: 1 bedroom/ 2 bedroom etc.
These rise annually - current values are online.
What is the Parks Levy?
In Toronto this is a fee charged to create new park land in the City.
This levy is not cheap - it is usually 5 to 10% of the assessed value of the Lot.
On a $500,000 assessed land value it will be $25,000 to $50,000
What is the Education Charge?
A fee to help fund schools.
It is the lowest of these three fees - measured in a few thousands of dollars for small multi-unit jobs.
It is generally called an ‘EDC.’
Do I have to pay these fees to get my Building Permit?
Yes - if they apply.
Note that the City only asks for these fees when your permit is ready to be issued - at the end of the process.
Unexperienced people - who were not even aware these fees applied to them - are often shocked/sickened to find this out.
How do I know if I will need to pay Development Related Fees?
This depends on the project and can get complicated.
But - these fees can be Substantial - and can determine whether a project is worth doing - so check early if they will apply to you.
Note: In Toronto you can generally build up to four dwelling units before DC’s and Parks apply but EDC’s will show up usually after 3 or 4 units are proposed.
Are there other fees I will need to pay?
Maybe: It depends on the project.
There are a lot of government agencies and rules involved in construction - and most charge fees to carry out their regulatory functions.
What do I do once I have the Building Permit?
You can begin construction.
What is my Building Permit Number?
In Toronto your drawings and Permit sign will bear a number
The number is the year – the digits – and the permit type.
For a Building Permit the Number will something like read 18-111222 SR
The SR is the ‘type’ designation for the Building Permit
Why do I have multiple Building Permits and Permit Signs?
The main Building Permit is often joined with others such as:
Drain Permits
Plumbing Permits
HVAC/Mechanical Permits
See below for more info on these other Permits.
What are the Owners responsibilities regarding the Building Permit?
The City attaches Notes to the Permit tat explain the responsibilities.
A good general one to note is that the Permit belongs to the Property Owner – not the Builder.
The obligation to build the work in accordance with the Issued Permit is generally with the Owner - not the Builder
As Owner you must ensure that you comply to your responsibilities.
Often the Municipality will attach notes describing your basic obligations.
Ensure you obtain and understand these responsibilities.
Ensure your builder does as well.
One basic responsibility is to have all required inspection of the work performed by the City Building Inspector.
You can keep track online what inspections have been ‘passed’ or not - though sometimes the City inspectors don’t update their records immediately.
I just want to do a two-unit residential project - is that complicated?
No. Not usually.
In Ontario a ‘House’ by 'Definition is assumed to have Two Dwelling units in it.
In general, the biggest spoilers on these jobs is Building Code compliant Exits and amounts of sunlight - these sometimes require some real thought and effort.
ABOUT OTHER LAND USE APPROVALS
What is Site Plan Approval?
Site Plan Approval is a wide-ranging review of a proposal by many City Departments.
It is expensive and time consuming but is not often required for houses in the City of Toronto
What is a Severance?
A Severance is where one property is ‘severed’ into two properties.
To sever a property a surveyor must draw up how you want to sever the land.
You then apply to your municipality’s Committee of Adjustment for a ‘Consent’ to Sever.
The C of A can refuse your approval.
You can appeal their decision if they do.
If there are any buildings on the land you should also have a Zoning Review conducted before attending the C of A for the Consent to Sever.
This is because many of the zoning bylaw regulations are determined by the size and dimensions of the property.
The Severance will alter these size and dimension and, so you will likely need zoning variances for the existing building even if no changes at all are made to the building.
What is a Sub-division?
A sub-division is the splitting of one property into four or more properties.
This process is complicated and can be expensive.
Obtain professional advice and discuss the proposal with the relevant municipality.
You will need a surveyor to draw and describe the proposed sub-division.
ABOUT OTHER BUILDING RELATED PERMITS
What is a Drain Permit?
A Permit to construct drains below the building and out to the City connections.
For houses in the City of Toronto it’s for the drains below the basement slab: floor drains, septic drains, weeping tiles and sump pumps.
It will almost always be required for a residential underpinning project.
For houses in the City of Toronto it is just a form – no drawings are required.
For anything other than a house in the City of Toronto drawings prepared by a Mechanical Engineer will be required
For houses in the City of Toronto there is no charge if drain permit taken out along side a Building Permit.
It will be one of the Permit Signs issued and posted on site if there is drain work required.
It will have a Permit Number ending in DR (for Drain) – e.g.: Permit Number 18-111222 DR
What is a Plumbing Permit?
A Permit issued by the Building Department to install new water supply pipes, drainpipes and plumbing fixtures.
For houses in the City of Toronto it covers all plumbing above the concrete basement slab
For houses in the City of Toronto it is just a form – no drawings are required.
For anything other than a house in the City of Toronto drawings prepared by a Mechanical Engineer will be required
A plumbing Permit can be required for large and small house projects in Toronto.
You can replace a sink without a permit but if you move the sink to a new location, you need a permit.
For houses in the City of Toronto there is no charge if plumbing permit taken out along side a Building Permit.
It will be one of the Permit Signs issued and posted on site if there is drain work required.
It will have a Permit Number ending in PS (for Plumbing) – e.g.: Permit Number 18-111222 PS
What is an HVAC permit?
A Permit issued by the Building Department to install a heating system.
There is no legal obligation to install air conditioning for cooling purposes.
For houses in the City of Toronto an HVAC permit usually covers a boiler with rads or furnace with ducts.
Drawings and calculations from a licensed person are required.
For houses in the City of Toronto person can be an HVAC Designer or a Mechanical Engineer.
For anything other than a house in the City of Toronto drawings prepared by a Mechanical Engineer will be required
It will be one of the Permit Signs issued and posted on site if there is drain work required.
For houses in the City of Toronto there is no City Fee if HVAC permit taken out along side a Building Permit.
It will be one of the Permit Signs issued and posted on site if there is drain work required.
Permit Number ends in MS (for Mechanical Systems): E.g.: Permit Number 18-111222 MS
What is HVAC?
Heating, Ventilation and Cooling
It refers to the mechanical systems that heat and cool and ventilate the building.
Who makes the HVAC drawings?
For houses HVAC drawings are usually done by an HVAC Designer – a person with a Provincial qualification (called a BCIN number) to do such work.
For anything other than houses a licensed professional Mechanical Engineer.
What is an Electrical Permit?
A permit to carry out electrical work on the building or property.
For houses Electrical Permits are not issued by Municipalities but by the electrical safety authority, (the ESA).
For anything other than houses certain electrical Permits are issued by the City while others are issued by the ESA
For houses – there no drawings are required. The licensed electrician will obtain the permit.
For anything other than houses drawings by a licensed electrical engineer are required.
ABOUT OTHER CONSTRUCTION/PERMIT ISSUES
Can I build on City land adjacent to my property?
Yes, you have the right to do certain landscaping on City land – often plants, paths and small retaining walls on the land between your property and the street.
For more substantial construction you must obtain a permit for construction on City land from the Works department.
You may also need to enter onto an Encroachment Agreement with the City for such substantial construction.
What is a Part 9 building?
Part 9 in the Part of Building Code that regulates what are called ‘Small Buildings’ like houses and small office buildings. Less than 600 square metres, less that 3 stories (sometimes including the basement as a storey)
Who and what regulates Septic systems?
Septic rules are set by the Ontario Building Code.
Local Building Departments, Health Units or Conservation Authorities administer those rules.
Do I need a Building Permit for a Landscaping Project?
If low to the ground with no real foundations, then likely the answer is no.
Items like sheds, gazebos and trellises however can require a Building Permit if they get too big.
Also, most local land use laws still apply.
The project must still confirm with zoning, tree protection and Conservation regulations.
For example: The City of Toronto Zoning bylaw limits the amount of paving on residential properties.
Do I need a Building Permit for a retaining wall?
Retaining walls can be a bit vague.
Yes, if the wall is above a certain height AND is adjacent to a public street or sidewalk or a building entrance.
Ask your local Building Department about your specific situation.
Why are old Building Permit Drawings often useful
Old Permit drawings are the main way to ‘prove’ that a layout or ‘use’ of a building was ‘legal’ as some point in the past.
This concept of past ‘legality’ can be very important in renovation projects.
The Fire Department has inspected and approved my property - do I still need a Building Permit?
Yes, in most cases you do. Check with the Building Department.
The City has told me I must 'legalize' my property - what do I do next?
You comply with whatever conditions the Order specifies.
Often this means you may need to get a Building Permit for the property as it is.
This will require satisfying all Land Use and Building Code requirements.
Consulting a lawyer is never a bad idea if things look complicated.