You wouldn’t begin the process of purchasing a home without getting a pre-approval for your mortgage, would you? Similarly, before embarking on a major renovation or landscaping project, you should know what your limitations, costs, and timelines for obtaining permissions will be, because they have a big impact on the outcome of your project. The following is a summary of the process, some common challenges, and things to keep in mind to help you make a better decision for your project.
Permits
Building permits are typically required for any interior renovations that involve moving structural walls or plumbing fixtures.
They are also required for exterior renovations that involve any structure over 160 square feet in size, decks more than 2 feet off the ground, or anything structurally attached to the house. Pool permits are often misunderstood, the permit is for the enclosure fence, not the pool itself.
Building permits are administered and issued by the local municipality, and the procedures and rules vary between jurisdictions. Larger municipalities often have online portals or E-Plan sites to manage applications and drawing reviews. Once a permit has been issued, a series of inspections will be requested and completed at various intervals during construction.
LandArt manages this entire process for you so that, on your end, it feels completely seamless. We’ll just need a signature allowing us to act as your authorized agent.
Zoning
The first step of any permit application is to review the zoning of the property to understand what is possible. If you are considering purchasing a property to renovate or build on, it’s a good idea to complete a zoning review before closing to ensure what you’re planning is actually permitted.
Zoning bylaws include restrictions such as maximum lot coverage, minimum landscaped open space, driveway size and location, entrance requirements, parking requirements based on the number of rooms in the home, and maximum allowable projections of covered roof structures into a backyard.
It’s important to keep in mind that each municipality, and each lot, has different requirements. What is permitted a few homes over, or at a friend’s home, may not automatically be permitted in your situation.
Engineering and Drawings
For any project involving structural components, a qualified designer or engineer will be required to complete the design and detailed drawings for the permit submission. This step takes place after the completion of the detailed design phase.
When building a new home, or significantly changing the grading on the property a site plan, survey and a grading plan will be required to be completed by a surveyor or landscape architect.
Again, LandArt assembles the team of professionals for you, so all necessary drawings for the permit application and construction are completed.
Minor Variances
Some projects will have a more onerous approval process. If, after an initial zoning review, it is determined that the proposed project does not comply with current zoning requirements, a minor variance may be an option.
This process begins with a pre-consultation meeting with the municipality and any other relevant parties to share initial ideas and receive feedback on the feasibility of the variance. They will outline the reports or drawings required for submission.
After this meeting, the drawing package and minor variance application are completed and submitted to the Committee of Adjustment and the municipality. The matter is placed on the next available agenda, which, depending on the backlog, may be several months out.
Leading up to the meeting, a visible notice will be posted on your property, and notice will be circulated to your immediate neighbours. The Committee of Adjustment meeting is an opportunity for the town, neighbours, or any other interested party to share their thoughts on the variance.
Ultimately, the committee will decide whether the proposed amendment is truly minor and approve it, suggest amendments, or deny the application. If the variance is not approved, the decision can be appealed to the Ontario Land Tribunal, where a judge will review the facts and issue a binding decision.
If the application is approved, notice will again be circulated to neighbours, who then have 30 days to appeal the decision.
LandArt and our design staff will guide you through this process, complete all paperwork on your behalf, and attend meetings to advocate for you.
Other Regulating Authorities
Each watershed has a different Conservation Authority. These differ from municipalities, as their jurisdiction follows major watercourses rather than municipal boundaries. Their legislation comes from the Conservation Act of Ontario, which ensures consistency in how the rules are applied.
To determine whether your property is within a regulated area, your local authority will typically provide watershed mapping. Conservation authorities regulate floodplains, valley lands, waterfronts, and other environmentally sensitive areas. Depending on the nature of the project, either a minor or major works permit may be required. A pre-consultation meeting can be completed with the authority to understand feasibility and requirements.
It is essential to obtain permission from the Conservation Authority before beginning any work on the property.
Particularly relevant in Niagara and Hamilton/Burlington is the Niagara Escarpment Commission (NEC). Their authority overrides municipal zoning regulations, and properties within the NEC area require their approval. The NEC has several different levels of restriction, ranging from “Natural Area” to “Urban Area,” and the zone your property falls into dictates the level of control.
For properties located on the waterfront of Lake Ontario or Lake Erie, any work within the water itself requires permission from the Ministry of Natural Resources and Forestry (MNRF)
Costs and Timelines
All of these processes cost money and take time. However, having a solid plan from the beginning means a more streamlined process, without delays or unexpected costs.
There are several costs associated with permits. Municipal permit fees are typically calculated using a $/sq. ft. rate for renovations or additions. For exterior projects, there is usually a fixed fee for pool permit applications and a $/sq. ft. charge for accessory buildings or covered porches.
Minor variance applications and major Conservation Authority permits are more costly because they require more detailed reviews and additional reports.
Certain projects require a surety or deposit to be submitted to the authority, which is held in trust until the successful completion of the project. This ensures specific permit requirements are met before funds are released back to the applicant.
Engineered drawings or any other supporting documents required for the project will be quoted individually.
At the onset of your project, LandArt will create a project schedule, beginning with the anticipated start date and working backwards through permit timelines and design approvals to establish the necessary deadlines.
Once a municipal building permit has been submitted, the municipality has 10 days to respond with comments or approval. Any adjustments that are required will be made, and the 10-day clock begins again.
Minor variances take a minimum of 3 months to complete but, depending on the number of applications, this can extend to 12 months or more. Conservation Authorities have 30 days to respond to permit applications.
The important point in all of this is that a strategic plan, supported by the right professionals, will ensure the smoothest outcome.
Conclusion
There are many different aspects to permitting, and it can be confusing. Partnering with LandArt ensures that everything is handled professionally, and that you will make the right decisions for your project.