Permits, construction and demolition

Code cited in this chapter

• 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
• OBC Div. C 1.3.5.3. Prescribed Inspections+

  (1)Except as provided in Sentence (2), an inspector or registered code agency, as the case may be, shall, not later than two days after receipt of a notice given under Sentence 1.3.5.1.(2), undertake a site inspection of the building to which the notice relates.

  (2)Where a notice given under Sentence 1.3.5.1.(2) relates to matters described in Clause 1.3.5.1.(2)(l) or (m), an inspector or registered code agency, as the case may be, shall, not later than five days after receipt of the notice, undertake a site inspection of the sewage system to which the notice relates.

  (2.1)Where a notice given under Sentence 1.3.5.1.(2) relates to matters described in Clause 1.3.5.1.(2)(q), an inspector or registered code agency, as the case may be, shall, not later than ten days after receipt of the notice, undertake a site inspection of the building to which the notice relates.

  (3)When undertaking an inspection required under Sentence (1), (2) or (2.1), the inspector or registered code agency, as the case may be, may consider reports concerning whether the building or a part of the building complies with the Act or this Code.

  (4)For greater certainty, when undertaking an inspection required under Sentence (1), (2) or (2.1), the inspector or registered code agency, as the case may be, may choose to not attend at the physical site of the building and may instead undertake the inspection using other means.

  (5)The time periods referred to in Sentences (1), (2) and (2.1) shall begin on the day following the day on which the notice is given.

  (6)The time periods referred to in Sentences (1), (2) and (2.1) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

  Open OBC Div. C 1.3.5.3. 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