Permits, construction and demolition (Designer Legal/Process)

Last updated October 22, 2026

Values this chapter turns on

after issuance, work must be seriously commenced: 6 months; after issuance, work must be seriously commenced
suspension of work longer than this allows revocation: 1 year; suspension of work longer than this allows revocation
after notice of completion before occupancy, if not inspected: 10 days; after notice of completion before occupancy, if not inspected
on which the CBO may decline to issue a permit: 7 grounds; on which the CBO may decline to issue a permit

This is the heart of the legal exam for a designer. Sections 8 to 14 of the Building Code Act cover building permits, conditional permits, revocation, changes to permit drawings, change of use, notices of readiness, occupancy, inspections, orders not to cover and stop work orders. Expect many questions here, and expect distractors that borrow numbers from neighbouring sections.

Excluded from this exam: s. 8(3.1) (delegation of conditional permit agreements) and s. 14(5) to (7) (an RCA's referral of a stop work order to the chief building official).

Building permits (s. 8)

The basic rule: "No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official" (BCA s. 8(1)).

When the official must issue

Under s. 8(2), the chief building official shall issue the permit unless one of these applies:

Clause	Ground for not issuing
(a)	The building, construction or demolition will contravene the Act, the code or other applicable law
(b)	The applicant is an unlicensed builder or vendor under the New Home Construction Licensing Act, 2017
(b.1)	The Architects Act or Professional Engineers Act requires an architect or engineer design, and it was not so designed
(c)	A person who prepared drawings or gave a compliance opinion lacks the qualifications or insurance the code requires
(d)	A required plans review certificate lacks the prescribed information
(e)	The application is not complete
(f)	Fees due have not been paid

Clause (c) is the one that matters most to designers: an unregistered or uninsured designer is a lawful reason to refuse a permit.

Other permit rules:

Plans review certificate. If the application includes an RCA's plans review certificate with the prescribed information, the official cannot refuse the permit on the ground that the design does not comply with the code (s. 8(2.1)).
Deadlines. For applications that meet prescribed requirements, the official must decide within the prescribed period (s. 8(2.2)); Division C 1.3.1.3. sets the periods (see chapter 10). If refusing, the official must give "all of the reasons for the refusal" within the prescribed period (s. 8(2.3)).
Referral to the professions. On reasonable grounds, the official or an RCA may refer drawings or general review reports to the Association of Professional Engineers of Ontario or the Ontario Association of Architects to check for contraventions of their Acts (s. 8(9)); the official must refer them if the association asks (s. 8(9.1)).

Conditional permits (s. 8(3) to (8))

A conditional permit lets a stage of construction start before every permit requirement is met. All three conditions must exist:

Compliance with by-laws under sections 34 and 38 of the Planning Act (zoning and interim control) and any other applicable law listed in the code (Division C 1.3.1.5.).
The official believes unreasonable delays would occur without it.
The applicant (and anyone else the official names) signs an agreement to assume all risk, obtain approvals in time, file complete plans in time, remove the building and restore the site at their own expense if approvals or plans are not delivered, and meet other conditions, including security (BCA s. 8(3)).

The official must consider how hard it would be to restore the site (s. 8(4)). The agreement can be registered on title (s. 8(5)). If the building is not removed as agreed, the official may do it, and in a municipality the cost is a priority lien on the land (s. 8(6) and (7)).

A refusal to issue a conditional permit cannot be appealed to court (s. 25(1)).

Revocation (s. 8(10))

Ground	Detail
(a)	Issued on mistaken, false or incorrect information
(b)	Not seriously commenced six months after issuance
(c)	Substantially suspended or discontinued for more than one year
(d)	Issued in error
(e)	Holder asks in writing
(f)	A term of the conditional permit agreement was not met

Building to the permit and changing the drawings

No one may build except in accordance with the Act and code (s. 8(11)), and with the permit documents and any authorized changes (s. 8(13)).
A material change to a plan or document on which a permit was issued needs the official to be notified, details filed and authorization obtained before the change (s. 8(12)).
If the change request comes with an RCA's change certificate, the official cannot refuse it on code-compliance grounds (s. 8(14)).

Practice this topic

Change of use and sewage systems (s. 10 and 10.1)

Even with no construction, a permit is needed to change the use of a building if the change "would result in an increase in hazard, as determined in accordance with the building code" (BCA s. 10(1)). Division C 1.3.1.4. and its table decide which changes are an increase in hazard (chapter 10). The official must issue the change of use permit unless the new use would contravene the Act, code or other law, the application is incomplete, or fees are unpaid (s. 10(2)). Designer qualifications are not a s. 10(2) ground.

Section 10.1 adds that no one may operate or maintain a sewage system, or let it be operated or maintained, except in accordance with the Act and code (BCA s. 10.1).

Practice this topic

Notices, occupancy and inspections (s. 10.2, 11, 12)

Notice of readiness. At each stage the code specifies, the prescribed person notifies the official or RCA that work is ready, and the inspection follows within the prescribed period (BCA s. 10.2).
Occupancy of new buildings. Notice of completion goes to the official or RCA. Where an RCA was appointed for after-permit functions (s. 4.1(4)(b) or (c)) or under s. 4.2, a final certificate is needed. Otherwise the building must be inspected or 10 days must pass after notice of completion is served, and any s. 12 order must be met (BCA s. 11). Division C 1.3.3. sets out when occupancy before completion is allowed.
Inspections and orders. An inspector may enter land and buildings "at any reasonable time without a warrant" to check compliance with the Act, the code or an order (BCA s. 12(1)). An order to comply must state the nature and location of the contravention and the compliance needed (s. 12(4)). It may be posted, made public online or for inspection, and registered on title. A later buyer is deemed served on the original service date (s. 12(6)). Once complied with, the official registers a certificate that discharges it (s. 12(7)).

Practice this topic

Order not to cover and stop work orders (s. 13 and 14)

An inspector may order that no part of a building be covered or enclosed pending inspection (BCA s. 13(1)). Under s. 13(6), the official or RCA may order work uncovered at the expense of the persons responsible if there is reason to believe it does not comply and any of these happened:

Clause	Situation
(a)	Covered contrary to an order not to cover
(b)	A required notice (by-law stage or s. 10.2) was not given or received
(c)	Notice was received but the inspection period had not elapsed
(d)	A by-law notice was given but its inspection period (or a reasonable time) had not elapsed
(e)	Built without a permit

A stop work order may be made if an order under s. 12 or 13 is not complied with in the time it sets (or a reasonable time) (BCA s. 14(1)). It is served on affected persons and posted on site, and "is effective from the time it is posted" (s. 14(3)). After that, the only work allowed is work needed to carry out the s. 12 or 13 order (s. 14(4)). Ignoring it can bring a daily fine (s. 36(6), chapter 8).

Practice this topic

Worked examples

Example 1. Permit issued June 10. No work by December 1. Can the official revoke for not starting? Not yet. The six months run to December 10.

Example 2. The framing notice is given Monday at 9 a.m.; insulation and drywall go up Monday afternoon. The official may order the drywall removed at the permit holder's cost under s. 13(6)(c), since the two-day inspection period (Division C 1.3.5.3.) had not elapsed.

Example 3. An owner ignores a s. 12 order. A stop work order is posted Tuesday at 2 p.m. Work done at 3 p.m. Tuesday breaches s. 14(4), even if the owner was not personally served yet.

Common traps

Six months (not seriously commenced, from issuance) versus more than one year (suspended).
The 10-day occupancy rule in s. 11(4) versus the 10-day house permit period in Division C.
A stop work order needs an unmet s. 12 or 13 order first.
The plans review certificate removes only the code-compliance ground for refusal; incomplete applications and unpaid fees can still be refused.

Chapter review

Chapter at a glance

One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.

Chapter at a glance: the key idea in each section
Section	Key idea
Building permits (s. 8)	The basic rule: "No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief…
Change of use and sewage systems (s. 10 and 10.1)	Even with no construction, a permit is needed to change the use of a building if the change "would result in an increase in hazard, as determined in accordance with the building…
Order not to cover and stop work orders (s. 13 and 14)	An inspector may order that no part of a building be covered or enclosed pending inspection.

Building permits (s. 8)
The basic rule: "No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief…
Change of use and sewage systems (s. 10 and 10.1)
Even with no construction, a permit is needed to change the use of a building if the change "would result in an increase in hazard, as determined in accordance with the building…
Order not to cover and stop work orders (s. 13 and 14)
An inspector may order that no part of a building be covered or enclosed pending inspection.

Usual exam traps

Six months (not seriously commenced, from issuance) versus more than one year (suspended).
The 10-day occupancy rule in s. 11(4) versus the 10-day house permit period in Division C.
A stop work order needs an unmet s. 12 or 13 order first.
The plans review certificate removes only the code-compliance ground for refusal; incomplete applications and unpaid fees can still be refused.

Practice this chapter

Questions on Permits, construction and demolition, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.

Practice this chapter Free Designer Legal/Process quiz

Code cited in this chapter

Based on the official Building Code Act, 1992 on e-Laws.

BCA s. 8 Building permits
(1)No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official.
(1.1)An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form or the form approved by the Minister must be used and be accompanied by the documents and information specified by regulation.
(2)The chief building official shall issue a permit referred to in subsection (1) unless,
(a)the proposed building, construction or demolition will contravene this Act, the building code or any other applicable law;
(b)the applicant is a builder or vendor as defined in subsection 1 (1) of the New Home Construction Licensing Act, 2017 and is not licensed under that Act;
(b.1) the Architects Act or the Professional Engineers Act requires that the proposed construction of the building be designed by an architect or a professional engineer or a combination of both and the proposed construction is not so designed;
(c)a person who prepared drawings, plans, specifications or other documents or gave an opinion concerning the compliance of the proposed building or construction with the building code does not have the applicable qualifications, if any, set out in the building code or does not have the insurance, if any, required by the building code;
(d)the plans review certificate, if any, required for the application does not contain the prescribed information;
(e)the application for the permit is not complete; or
(f)any fees due have not been paid.
(2.1)If the application includes a plans review certificate that contains the prescribed information, the chief building official is not entitled to refuse to issue the permit on the grounds that the proposed construction of the building to which the certificate relates does not comply with the building code.
(2.2)If an application for a permit meets the requirements prescribed by regulation, the chief building official shall, unless the circumstances prescribed by regulation apply, decide within the period prescribed by regulation whether to issue the permit or to refuse to issue it.
(2.3)If the chief building official refuses to issue the permit, he or she shall inform the applicant of all of the reasons for the refusal of the permit and shall do so within the period prescribed by regulation.
(3)Even though all requirements have not been met to obtain a permit under subsection (2), the chief building official may issue a conditional permit for any stage of construction if,
(a)compliance with by-laws passed under sections 34 and 38 of the Planning Act and with such other applicable law as may be set out in the building code has been achieved in respect of the proposed building or construction;
(b)the chief building official is of the opinion that unreasonable delays in the construction would occur if a conditional permit is not granted; and
(c)the applicant and such other person as the chief building official determines agree in writing with the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Crown in right of Ontario to,
(i)assume all risk in commencing the construction,
(ii)obtain all necessary approvals in the time set out in the agreement or, if none, as soon as practicable,
(iii)file plans and specifications of the complete building in the time set out in the agreement,
(iv)at the applicant’s own expense, remove the building and restore the site in the manner specified in the agreement if approvals are not obtained or plans filed in the time set out in the agreement, and
(v)comply with such other conditions as the chief building official considers necessary, including the provision of security for compliance with subclause (iv).
(3.1)A principal authority may, in writing, delegate to the chief building official the power to enter into agreements described in clause (3) (c) and may impose conditions or restrictions with respect to the delegation.
(4)In considering whether a conditional permit should be granted, the chief building official shall, among other matters, have regard to the potential difficulty in restoring the site to its original state and use if required approvals are not obtained.
(5)Any agreement entered into under clause (3) (c) may be registered against the land to which it applies and the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Province of Ontario, as the case may be, is entitled to enforce its provisions against the registered owner and, subject to the Registry Act and the Land Titles Act, any person acquiring any interest in the land subsequent to the registration of the agreement.
(6)If the chief building official determines that a building has not been removed or a site restored as required by an agreement under clause (3) (c), the chief building official may cause the building to be removed and the site restored and for this purpose the chief building official, an inspector and their agents may enter upon the land and into the building governed by the agreement at any reasonable time without a warrant.
(7)If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the removal of the building and restoration of the site under subsection (6) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(8)If the building is in territory without municipal organization, the amount spent on the removal of the building and restoration of the site under subsection (6) is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
(8.1)The chief building official shall, within the period and in the manner prescribed by regulation, give to the corporation designated under section 2 of the Ontario New Home Warranties Plan Act the information prescribed by regulation relating to permits issued under this section and the applications for those permits.
(9)Upon reasonable grounds, the chief building official or registered code agency may refer drawings, plans or specifications accompanying applications for permits or the reports arising out of the general review of the construction of a building to the Association of Professional Engineers of Ontario or the Ontario Association of Architects for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.
(9.1)At the request of the Association of Professional Engineers of Ontario or the Ontario Association of Architects, the chief building official shall refer documents and information described in subsection (9) to those associations for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.
(10)Subject to section 25, the chief building official may revoke a permit issued under this Act,
(a)if it was issued on mistaken, false or incorrect information;
(b)if, after six months after its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the chief building official, been seriously commenced;
(c)if the construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year;
(d)if it was issued in error;
(e)if the holder requests in writing that it be revoked; or
(f)if a term of the agreement under clause (3) (c) has not been complied with.
(11)No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with this Act and the building code.
(12)No person shall make a material change or cause a material change to be made to a plan, specification, document or other information on the basis of which a permit was issued without notifying, filing details with and obtaining the authorization of the chief building official.
(13)No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with the plans, specifications, documents and any other information on the basis of which a permit was issued or any changes to them authorized by the chief building official.
(14)If a request for authorization referred to in subsection (12) or (13) is accompanied by a change certificate that contains the prescribed information, the chief building official is not entitled to refuse to authorize the change on the grounds that the construction of the building to which the certificate relates does not comply with the building code.
Open BCA s. 8 in the code viewer
BCA s. 10 Change of use
(1)Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official.
(2)The chief building official shall issue a permit under subsection (1), unless,
(a)the building if used as proposed would result in a contravention of this Act or the building code or any other applicable law;
(b)the application for it is incomplete; or
(c)any fees due are unpaid.
Open BCA s. 10 in the code viewer
BCA s. 10.1 Prohibition re sewage systems
No person shall operate or maintain a sewage system or permit a sewage system to be operated or maintained except in accordance with this Act and the building code.
Open BCA s. 10.1 in the code viewer
BCA s. 10.2 Notice of readiness for inspection
(1)At each stage of construction specified in the building code, the prescribed person shall notify the chief building official or the registered code agency, if any, that the construction is ready to be inspected.
(2)After the notice is received, an inspector or the registered code agency, as the case may be, shall carry out the inspection required by the building code within the prescribed period.
Open BCA s. 10.2 in the code viewer
BCA s. 11 Occupancy or use after completion
(1)Except as authorized by the building code, a person shall not occupy or use a building or part of a building that is newly erected or installed or permit it to be occupied or used until the requirements set out in this section are met.
(2)Notice of the date of completion of the building or part must be given to the chief building official or the registered code agency, if any.
(3)If a registered code agency has been appointed for the building or part of the building by a principal authority to perform the functions described in clause 4.1 (4) (b) or (c) or has been appointed under section 4.2, a final certificate that contains the prescribed information must be issued.
(4)If subsection (3) does not apply,
(a)either the building or part must be inspected or 10 days must elapse after notice of the date of completion is served on the chief building official; and
(b)any order made under section 12 must be complied with.
Open BCA s. 11 in the code viewer
BCA s. 12 Inspection of buildings and building sites
(1)An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting the building or site to determine whether or not the following are being complied with:
1. This Act.
2. The building code.
3. An order made under this Act.
(2)An inspector who finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require the order to be carried out immediately or within such time as is specified in the order.
(3)The order shall be served on the person whom the inspector believes is contravening this Act or the building code.
(4)The prescribed form or the form approved by the Minister must be used for the order and it must contain sufficient information to specify the nature of the contravention and its location and the nature of the compliance that is required.
(5)A copy of an order made under subsection (2) may be,
(a)posted on the site of the construction or demolition in a location visible to the public;
(b)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(c)registered in the proper land registry office.
(6)If an order made under subsection (2) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(7)When the requirements of an order described in subsection (6) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(8)In the case of an order that has been made available to the public in accordance with clause (5) (b), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
Open BCA s. 12 in the code viewer
BCA s. 13 Order not to cover
(1)An inspector may make an order prohibiting the covering or enclosing of any part of a building pending inspection.
(1.1)The prescribed form or the form approved by the Minister must be used for an order made under this section.
(2)The order shall be served on the person to whom the permit is issued, if any, and on such other persons affected thereby as the inspector determines.
(3)A copy of an order made under this section may be,
(a)posted on the site of the construction or demolition in a location visible to the public;
(b)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(c)registered in the proper land registry office.
(3.1)If an order made under this section is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(3.2)When the requirements of an order described in subsection (3.1) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(3.3)In the case of an order that has been made available to the public in accordance with clause (3) (b), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(4)An inspection shall be made within a reasonable time after the person to whom the order is made has given notice that the part of the building is ready for inspection.
(5)Section 27 does not apply to a notice under subsection (4).
(6)A chief building official or registered code agency who has reason to believe that part of a building that is covered or enclosed has not been constructed in compliance with this Act or the building code may order the persons responsible for the construction to uncover the part at their own expense for the purpose of an inspection if,
(a)the part was covered or enclosed contrary to an order made under subsection (1);
(b)a notice required to be given to the chief building official, registered code agency or inspector before the part was covered or enclosed under a by-law, resolution or regulation made under clause 7 (e) was not given, or a notice required under section 10.2 was not received;
(c)in cases where a notice required under section 10.2 is received, the period prescribed under subsection 10.2 (2) did not elapse before the part was covered or enclosed;
(d)in cases where a notice required by a by-law, resolution or regulation made under clause 7 (e) is given,
(i)the inspection period prescribed under clause 7 (e) did not elapse before the part was covered or enclosed, or
(ii)if an inspection period is not prescribed under clause 7 (e), a reasonable period of time after the notice was given did not elapse before the part was covered or enclosed; or
(e)the part has been constructed without a permit being issued.
Open BCA s. 13 in the code viewer
BCA s. 14 Stop work order
(1)If an order made under section 12 or 13 is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official or registered code agency, as the case may be, may order that all or any part of the construction or demolition cease.
(1.1)The prescribed form or the form approved by the Minister must be used for the order.
(2)The order shall be served on such persons affected thereby as the chief building official or registered code agency determines and a copy shall be posted on the site of the construction or demolition in a location visible to the public.
(3)The order is effective from the time it is posted under subsection (2).
(3.1)A copy of an order made under subsection (1) may be,
(a)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(3.2)If an order made under subsection (1) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(3.3)When the requirements of an order described in subsection (3.2) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(3.4)In the case of an order that has been made available to the public in accordance with clause (3.1) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(4)If an order to cease construction or demolition is made, no person shall perform any act in the construction or demolition of the building in respect of which the order is made other than work necessary to carry out the order made under section 12 or 13.
(5)When a registered code agency makes an order under this section, the agency shall refer the matter to the chief building official as soon as practicable.
(6)The referral must be made in the prescribed manner.
(7)After making the referral, the registered code agency shall take no further steps in respect of the matter to which the order refers and the principal authority that issued the permit is responsible for the enforcement of this Act in respect of the matter.
(8)The chief building official may amend or rescind any order made by the registered code agency in respect of the matter.
Open BCA s. 14 in the code viewer