How to get a building permit after the fact in Ontario

how to get a building permit after the fact

Have you ever wondered how to get a building permit after the fact? This question often arises when unpermitted work is discovered. Finding out that your freshly renovated property needs a building permit is not just something that happens, someone is responsible and as owner of the property, that person is you.. 

Choosing to navigate the intricacies of building permits, laws, and all other formalities can be enough to deter even the most enthusiastic homeowner. But in many cases,  addressing unpermitted work is not planned and often requires immediate action.

This article offers everything you must know about how to get a building permit after the fact. We’ll walk you through the process of dealing with every roadblock. Ultimately, you can elevate your property’s market value and gain the peace of mind that your building meets every legality.

 

What is a Building Permit After the Fact?

An “after the fact” building permit is a retrospective building permit. It means you obtain it after you’ve begun construction, renovation, or demolition for buildings that require permits before you start. In some countries, this is also known as “as built permit”

There are various situations where you may need an after-the-fact permit. Often, this arises from a need for more awareness about whether your construction project requires a permit. It can also occur as a misunderstanding or intentional avoidance of the permitting process. 

So, what if the construction work has started or been completed? Then, such unpermitted construction carries fines and legal implications.

The Ontario Building Code Act stipulates several penalties for anyone who violates these provisions. Generally, the penalties may climb as high as $50,000 for first-time offenders and $100,000 for corporations.

 

Can You Get Building Permits After the Fact?

Yes, you can apply and get building permits after the fact in Ontario. But, the process is more costly and complicated than applying for a permit before construction begins. Also, remember that local authorities or municipalities may discriminate against unpermitted construction. So, you may face higher fees, scrutiny, and possible penalties. For example, a Mississauga building permit after the fact may cost an extra payment equal to 50 percent of the permit fees for the project.

 

How to Get A Building Permit After the Fact

Getting a building permit after the fact follows a similar process to getting one before construction. But there are complications. Here’s the general process. 

Assessment 

Have the structure assessed by a professional. The professional will guide any code violations that may be present in the existing structure. Generally, you can bring an architect, engineer, or BCIN Designer to the construction project. An architect will help you validate the design and integrity of the structure. In contrast, engineers will check to see if existing structures are sound and if you can do so. Or, you can get an experienced BCIN Designer to help you navigate the Ontario building code. They will also estimate the cost of necessary repairs and even take up improvement works.

Prepare documents

One of the crucial aspects you must consider when you think about how to get a building permit after the fact is documentation. You want to prepare the necessary documents. Examples include detailed drawings or blueprints of the existing structure. You will need:

  • Site plan: A site plan will show the property lines, building layout, and additional documents requested by the local municipality. 
  • Building plans: Detailed drawings of the unpermitted structures, possibly the floor layout, plumbing layout, electrical layout, etc. 3D laser scanning might be the best choice for accurate renditions.
  • Structural assessments: a report produced by a qualified engineer on any structural deficiencies in the unpermitted work. 
  • Contemporaneous Photos: Taking images throughout the project that reveals the work before it is closed can be a useful tool.

 

Application Process

Now, the actual building permit application process begins and will require:

  1. Research the local building codes and requirements; you will need the Ontario Building code. You also need the building codes. You need all the information about the specific rules that apply.
  2. Collecting required documents: Your site plans, floorplans, and structural assessment are necessary. 
  3. Submitting application and fees: Submit the completed application to the local building department.
  4. Inspections and approvals: Now, the authorities will inspect your property and assess whether it deviates from the local building codes. Be prepared for the possibilities of additional fees, scrutiny, and possible penalties because of the “after-the-fact’ nature of the application. In most cases you will have to conduct selective demolition to  expose some area. Depending the inspector report the work be required to be close / refinished or completely demolished 

 

Addressing violations and permit issuance

If the building as constructed complies with the Ontario Building Code and zoning regulations, the municipality will issue an after-the-fact building permit. You may have to make corrections if the structure fails to meet standards. Usually, the authorities will give you a timeframe to make those corrections. Then, the building will be reinspected, and a permit will be issued. 

 

The Problems of Building Without Permits 

Building without a permit comes with a mighty number of issues. Here are likely scenarios that may emerge:

 

Safety hazards

One of the top reasons building codes exist is to ensure the safety of individuals who occupy or use those structures. Unpermitted renovations need qualified officials inspecting the work.

So, there must be a way to ensure it meets primary safety and structural integrity standards. Hence, several safety hazards exist, such as improper electrical wiring leading to fire threats. Others include structural inadequacies . These kinds might make the building prone to damage from external forces like storms.

 

Devaluation of the property

An unpermitted work on any property can impact that real estate resale value. As said earlier, prospective buyers and real estate appraisers will be wary of the unpermitted work. This information can be uncovered by looking at the renovation work completed on site. Also, most municipal building permit webpages will give the public the ability to research permits on a particular property or submit an inquiry to the building department.

 

Legal issues and fines 

Local authorities may become aware of the unpermitted construction. In such cases, they can issue a “stop work” order, which halts ongoing construction on the site. This is the general term that everyone uses to indicate the discovery of unpermitted work. But, there are specific notices and orders issued for different reasons. Here are some examples:

Order Not to Cover Or Enclose – If a foundation footing is poured and soil backfilled before the building inspector can review the quality of the work, this order is typically issued. If there is a concern that faulty work can be hidden, this order will be issued. 

Order to Uncover – It goes without saying, if the work that needs to be inspected is covered, in the case of insulation thicknesses hidden with installed drywall, then the building official can request that some or all the covered work be revealed.

Stop Work Order – This order is issued when work is deemed unsafe due to lack of inspection. In fact, this is often triggered when work is ongoing without a building permit. If a building inspector discovers through a number of methods, they can legally enter onto the project site and post this order.

Order to Comply – May be issued if there is work that was completed without a building permit like a deck that doesn’t meet the building code but is considered to be a structure. Also, this order can be issued and enforced, if the new fence is constructed which is a non permit job, but fails to comply with the bylaws.  Any regulatory compliance matter will fall under this type of order.  

Order Requesting Tests and Samples – This probably the least common order, but becomes necessary in many situations. An example of this would occur if during an inspection of a renovation project, work completed seemingly begins to real defect in the case of cracks in a concrete slab. Testing and samples may be requested to confirm quality of work. Usually these types of testing are required in advance so all parties are aware. But unplanned testing can be requested and this form serves that purpose.

There are often additional costs, fines and penalties attached when building without permits and an order is issued.

 

Challenges selling a house without a permit

Unpermitted alterations might make selling your house challenging, especially if it is obvious. Most buyers need help navigating the problems of properties with unpermitted work, and these matters can become litigious. This is because of the uncertainties and potential additional costs they might bear in bringing the work into compliance. Also, unpermitted work will be insured but in the event of a claim event on a policy, the insurance will always contact the building department as part of the underwriting process. Once the work is considered to be unpermitted, the claim for insurance can be denied. It is also a massive concern for potential buyers. Hence, it is one crucial reason you should always obtain a home inspection report. This document will reveal potential flaws in the property finished that may signal underline issues . 

 

Addressing Unpermitted Construction by Previous Owners

If you discovered that the previous owner of your property did some DIY work, you must address this before selling that property, or disclose it to avoid legal challenges later. Fortunately, you won’t be the first to encounter such an issue. Here are some steps you can take to rectify the situation:

  1. Discovery: Before you worry about how to get a building permit after the fact, you want to be sure of the unpermitted construction. You can find this out on old documents, disclosures from previous owners, or even suspiciously fresh-looking new construction.
  2. Verification: Confirm with the local building authority whether your property’s additions or modifications require permits and whether they were obtained. For instance, you can find your Toronto building permit status online or visit the local building department  office. 
  3. Evaluation: Assess potential issues of the unpermitted work, from safety hazards to the effects on property value. 
  4. Hire an experienced architect or designer: You will need professional drawings of the existing structure or modifications. Hiring the right designers can help. They will help you identify the problem and define a scope of work.
  5. Get a good contractor: Look for a knowledgeable contractor with experience dealing with unpermitted work. They will help you determine what needs to be done and at what cost.
  6. Consider legal advice: We recommend seeking advice from a local legal aid service or a real estate attorney. They will help you understand the potential legal implications and determine the best action. 

 

Remodeling Best Practices for Unpermitted Work

Now you know how to get a building permit after the fact, there are some more practices you need to employ. These practices will help you manage the situation efficiently.

Prioritize safety

Safety is always a top priority for any remodeling work. You must address that immediately to avoid harsh fines, or even jail time if it results in the loss of life. . 

Request a courtesy inspection.

Get ahead of it. Many local building departments offer a ‘courtesy inspection.’ This is a general inspection where an inspector comes out. They review the property and give a rough idea of what will need to be corrected. They will officially open a case on the property, but you’ll be treated as an ally versus an accessory to the unpermitted work.

Make required changes

As soon as you identify the issues and have a list of what needs to be changed, begin work to rectify them. Hire the necessary professionals, obtain applicable permits, and document all changes meticulously.

Explore Grandfather Code Allowances

Grandfathered property rights in Ontario protect property owners from changes in zoning bylaws. There are instances when you may not need to update everything to the current code if they were installed under an older code and have not been a problem. This is often called ‘grandfathered in’. But it’s a complex documented process  and not applied uniformly everywhere. Consult with the local building department or a BCIN designer to know what applies to your unique situation. 

 

Tips for Avoiding the Need for an After-The-Fact Building Permit

Instead of seeking a building permit after the fact, it’s better to get it before you begin construction. This saves you time and money and avoids a whole lot of issues. Here are extra tips on preventing the need for a building permit after the facts. 

  • Always research local building codes and permit requirements before starting construction.
  • Consult with professionals as needed
  • Ensure all necessary permits are obtained in advance 
  • Conduct regular inspections throughout the construction process
  • Obtain building department sign-offs on all completed work before moving the project forward.

 

Conclusion

Now you know how to get a building permit after the fact. Generally, getting a building permit after the fact is a daunting process. We always recommend permits before construction. Obtaining permits before the work ensures adhering to safety and all applicable laws. But there are unique situations where you may need permits after the construction. So cooperation with the building department is critical. 

Always comply with local building codes and permit regulations, and if any unpermitted construction is identified, promptly address it to avoid further complications. If you are dealing with unpermitted work, consider speaking to experienced building permit experts who are up-to-date with local regulations. They can help you navigate through the challenges that may surface with the procedure. 

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About Property Pathways Inc.

Property Pathways Inc. is a Toronto-based SME company specializing in helping real estate investors convert properties into rental units in the Province of Ontario. We are known for getting building permits approved for clients transforming single family homes into multiplexes. This is only strengthened by the full engineering support offered on all projects.

The team of BCIN qualified practitioners boasts many years of experience, guiding real estate investors and homeowners through the property selection process. We do accomplish this by offering a free, site specific zoning bylaw review of a subject property, to determine the highest and best use. We provide a wide range of ancillary services including Feasibility Massing, COA, OLT, conservation and heritage representation. We also aid in the development of effective renovation planning as well as coaching and training for beginners.

What sets Property Pathways apart from other companies in our niche, is our use of digital, and 3D design technology during all touch points with clients. And our unwavering commitment to pioneering an exceptionally high quality customer service experience, is at the forefront of our day to day operation. Book a no obligation consultation today to review your property potential!

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