Permits, construction and demolition (Powers and Duties of Chief Building Officials)

Last updated October 22, 2026

Values this chapter turns on

no serious start before a permit may be revoked: 6 months; no serious start before a permit may be revoked
suspended work period that allows revocation: 1 year; suspended work period that allows revocation
after completion notice before occupancy, no inspection: 10 days; after completion notice before occupancy, no inspection
to inspect after a prescribed notice: 2 days; to inspect after a prescribed notice

Sections 8 to 14 are the core of a chief building official's daily work: deciding permit applications, granting conditional permits, revoking permits, authorizing changes, receiving inspection notices, controlling occupancy and escalating from an inspector's order to a stop work order. The exam tests which official may act, on what ground, and what must be served, posted or registered.

Issuing and refusing permits; conditional permits

No one may construct or demolish a building without a permit from the CBO (BCA s. 8(1)). The permit is mandatory: the CBO "shall issue" it unless a ground in s. 8(2) applies. Those grounds are contravention of the Act, code or other applicable law; an unlicensed builder or vendor under the New Home Construction Licensing Act, 2017; a design that the Architects Act or Professional Engineers Act requires from an architect or engineer but was not so designed; a designer without required qualifications or insurance; a plans review certificate missing prescribed information; an incomplete application; or unpaid fees.

Duties that run against the CBO:

With a valid plans review certificate, the CBO cannot refuse on code compliance grounds (s. 8(2.1)).
A complete application must be decided within the prescribed period (s. 8(2.2)); Division C 1.3.1.3. sets 10, 15, 20 or 30 days.
A refusal must give "all of the reasons" within the prescribed period (s. 8(2.3)).
The CBO must send prescribed permit information to the corporation under the Ontario New Home Warranties Plan Act (s. 8(8.1)).

Conditional permits (s. 8(3) to (8)). The CBO "may" issue one for any stage of construction even though not all requirements are met, if all of these are true: zoning and other prescribed applicable law are complied with; the CBO believes "unreasonable delays in the construction would occur" without it; and the applicant and anyone the CBO names sign an agreement to assume all risk, obtain approvals, file complete plans on time, remove the building and restore the site at their own expense if they fail, and meet other conditions such as security. The principal authority may delegate to the CBO the power to sign that agreement (s. 8(3.1)). The CBO must consider how hard it would be to restore the site. The agreement may be registered on title. If the site is not restored, the CBO may do it, entering without a warrant; in a municipality the cost is a priority lien, and in unorganized territory it is a Crown debt collectable under the Provincial Land Tax Act, 2006.

Referral to professional bodies. On reasonable grounds, the CBO or an RCA may refer drawings or general review reports to the Association of Professional Engineers of Ontario or the Ontario Association of Architects (s. 8(9)). If either association asks, the CBO "shall" refer them (s. 8(9.1)).

Revocation (s. 8(10)), subject to an appeal under s. 25:

Ground	Key words
(a)	mistaken, false or incorrect information
(b)	not seriously commenced six months after issuance
(c)	substantially suspended or discontinued more than one year
(d)	issued in error
(e)	holder asks in writing
(f)	conditional permit agreement term not complied with

Changes. A material change to permit documents needs notice, filed details and CBO authorization (s. 8(12)). A change certificate with prescribed information bars refusal on code grounds (s. 8(14)).

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Change of use and the sewage system prohibition

A change of use with no construction still needs a permit "if the change would result in an increase in hazard, as determined in accordance with the building code" (BCA s. 10). The CBO must issue it unless the proposed use would contravene the Act, code or other applicable law, the application is incomplete, or fees are unpaid. Note that s. 10(2) has only three grounds, unlike s. 8(2). Division C 1.3.1.4. lists which changes count.

BCA s. 10.1 bans operating or maintaining a sewage system except in accordance with the Act and code. It supports unsafe orders for sewage systems and maintenance programs.

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Notice of readiness, inspections and occupancy

The prescribed person must notify the CBO, or the RCA if any, at each stage specified in the code, and an inspector or the RCA must inspect within the prescribed period (BCA s. 10.2). Division C 1.3.5.3. sets two days, five days for sewage system notices, and ten days for the deferred development charge occupancy notice.

Occupancy (BCA s. 11). Unless the code allows otherwise, a newly erected or installed building may not be occupied until notice of completion is given and:

if an RCA was appointed for post-permit functions under clause 4.1(4)(b) or (c), or under s. 4.2, a final certificate is issued; otherwise
the building is inspected, or "10 days must elapse" after notice of completion is served on the CBO, and any s. 12 order is complied with.

Inspection and compliance orders (BCA s. 12). 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 (subject to the dwelling rule in s. 16). On a contravention, the inspector may order compliance immediately or within a set time, served on the person believed to be contravening. A copy may be posted on site, put on the principal authority's website or made available for inspection, and registered on title. Once a registered order is satisfied, the CBO "shall register" a certificate that discharges it.

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Order not to cover, stop work orders and referrals

An inspector may order that part of a building not be covered or enclosed pending inspection, served on the permit holder and others the inspector chooses (BCA s. 13). Inspection follows "within a reasonable time" after the person gives notice of readiness, and s. 27 service rules do not apply to that notice.

The CBO or RCA (not an inspector) may order covered work uncovered at the expense of those responsible, if there is reason to believe it does not comply and one of the s. 13(6) triggers applies: covered against an order, a required notice not given, the prescribed inspection period not elapsed, or no permit.

Stop work order (BCA s. 14). If a s. 12 or s. 13 order is not complied with in the stated time (or a reasonable time), the CBO or RCA may order all or part of the work to cease. It is served on affected persons, posted on site, and "effective from the time it is posted." Only work needed to carry out the underlying order may continue. When an RCA makes one, it must refer the matter to the CBO "as soon as practicable" in the prescribed manner; the RCA then takes no further steps, the principal authority becomes responsible, and the CBO may amend or rescind the RCA's order.

Step	Who	Trigger
Compliance order, s. 12(2)	inspector	contravention found
Order not to cover, s. 13(1)	inspector	pending inspection
Order to uncover, s. 13(6)	CBO or RCA	covered work suspected non-compliant plus a listed trigger
Stop work order, s. 14(1)	CBO or RCA	s. 12 or 13 order not complied with

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Worked scenarios

Revocation timing. A permit issued on January 10 has seen no work by mid-August. The CBO may revoke under s. 8(10)(b), because six months have passed without serious commencement. The holder can appeal to the Superior Court of Justice within 20 days under s. 25.

RCA stop work order. An RCA's order not to cover is ignored, so the RCA posts a stop work order. It must refer the matter to the CBO with a report (Division C 3.7.7.1.). From then on, the CBO's office handles enforcement and may rescind or amend the RCA's order.

Conditional permit on a heritage property. The CBO cannot grant a conditional permit where the Ontario Heritage Act consent listed in Division C 1.3.1.5. has not been obtained, even if zoning is met.

Common traps

The CBO "shall" issue a complete, compliant permit, but "may" issue a conditional permit.
An inspector issues compliance orders and orders not to cover; only the CBO or an RCA uncovers work or stops work.
A refusal to issue a conditional permit cannot be appealed under s. 25(1).
Discharge of a registered order is by a certificate the CBO registers.
Change of use permits have three refusal grounds, not seven.

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
Issuing and refusing permits; conditional permits	No one may construct or demolish a building without a permit from the CBO. The permit is mandatory: the CBO "shall issue" it unless a ground in s. 8(2) applies.
Change of use and the sewage system prohibition	A change of use with no construction still needs a permit "if the change would result in an increase in hazard, as determined in accordance with the building code".
Notice of readiness, inspections and occupancy	The prescribed person must notify the CBO, or the RCA if any, at each stage specified in the code, and an inspector or the RCA must inspect within the prescribed period.
Order not to cover, stop work orders and referrals	An inspector may order that part of a building not be covered or enclosed pending inspection, served on the permit holder and others the inspector chooses.

Issuing and refusing permits; conditional permits
No one may construct or demolish a building without a permit from the CBO. The permit is mandatory: the CBO "shall issue" it unless a ground in s. 8(2) applies.
Change of use and the sewage system prohibition
A change of use with no construction still needs a permit "if the change would result in an increase in hazard, as determined in accordance with the building code".
Notice of readiness, inspections and occupancy
The prescribed person must notify the CBO, or the RCA if any, at each stage specified in the code, and an inspector or the RCA must inspect within the prescribed period.
Order not to cover, stop work orders and referrals
An inspector may order that part of a building not be covered or enclosed pending inspection, served on the permit holder and others the inspector chooses.

Usual exam traps

The CBO "shall" issue a complete, compliant permit, but "may" issue a conditional permit.
An inspector issues compliance orders and orders not to cover; only the CBO or an RCA uncovers work or stops work.
A refusal to issue a conditional permit cannot be appealed under s. 25(1).
Discharge of a registered order is by a certificate the CBO registers.
Change of use permits have three refusal grounds, not seven.

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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