How long do building permits last?

How long do building permits last? Do building permits even expire? These are the questions we are commonly asked when planning a construction project in Ontario. Building permits lay out the regulations that govern construction and renovation projects. They are also more than just pieces of paper. In reality, they are the golden ticket to carrying out your project legally.

They also ensure your construction meets all safety standards, zoning regulations, and building codes unique to a specific property. In Ontario, before you begin construction, you need building permits. And thus, it’s also essential to determine if they expire. Here, we’ll explore the validity and lifespan of building permits and variations across regions such as Durham, , Peel, Halton and Greater Toronto Area (GTA).

Do Building permits expire?

First, your building permits don’t expire outright. When a permit is issued for a specific work, it usually covers that specific work and does not have an expiry date. But bear in mind that any variations from it could make that permit null and void or be revoked, prompting the need for a new permit. For instance, if you requested building permits to build a garage suite and later decided to add a deck, you’ll require additional permits. Or if a building permit is issued based on misrepresented information such as setback, it can be revoked for this reason among others.

But then, building permits in Ontario can be revoked or declared expired by the chief building official when construction has yet to seriously commence within six months of issuance.  In Toronto, you may also receive a Notice of Intention to revoke permits older than 18 months if construction has yet to begin.

Think of your building permits like a carton of unopened fruit juice but with steeper consequences. So, your building permit expiry depends on two factors: the lapse of time since the issuance date and the construction work progression.

How long do building permits last?

At a snapshot, a permit can expire if no substantial construction activity happens within a period outlined by the issuing municipality (more than six months) or if the construction is paused for an extended period (usually a year)

Hence, when the chief building official revokes that permit, you have no legal right to continue construction. Nevertheless, durations can change based on circumstances and the discretion of the chief building official.

The need to keep up with your building Permit Status in Ontario

Knowing the status of your building permit is crucial. You don’t want to find out your permit has expired when you’re still trying to figure out the different aspects of construction. Now, it may seem unlikely that building permits may be revoked. But between January 1, 2017, and May 31, 2021, the Toronto Building Department revoked over 1,000 permits. More than half were for small residential construction where work had not commenced. About 50 permits were revoked, where the work was suspended, and the site was dormant. Thirty permits were also for small residential construction projects, including interior alterations.

Small residential projects can easily fall prey to this due to financial constraints, mainly when you’ve not compiled a budget plan that thoroughly considers all permitting obligations.

Ultimately, you should keep up with the system once you’ve begun the process of building permits. 

Fortunately, many municipalities have online systems where you can track the status of your permit. You can also check your Ontario building permit status by contacting the local building department. If you also work with building permit experts such as a BCIN designer, they can help monitor your building permit application. 

What happens when building permits expire?

When building permits expire, your construction plans will be delayed. You may also have to reapply and go through the review process. That said, on the part of the building department, they might take many different steps. For instance, the chief building official may intervene in cases where construction is stalled or dormant by finishing or removing any structure in place.

Suppose you discovered that your construction project won’t commence as early as you would like. You can avoid this by asking for an extension as early as possible. That said, never continue construction on an expired permit, even when your construction seems up to code. Constructing without building permits can result in legal action or penalties. It may also hinder future sales of the property. Therefore, renewing or extending your permit before expiration is crucial to avoid disruptions in your construction project.

Other instances where the chief building official Revokes Permits

Besides timelines, the chief building official may also revoke a permit under the Ontario Building Code Act following any of these incidents:

• If the permit was issued on mistaken, incorrect, or false information
• If it was issued in error
• If you have requested in writing that the building permits be revoked
• Constructing a home before being issued a building permit

It’s easy to overlook the high risks of errors in a building permit application that can result in revocation. Let’s look at WeirFoulds case in 2007, which dealt with such an issue:

A property owner wanted to increase the height of its building. The building code stipulated that specific strict parameters would have to be met if the building were demolished and rebuilt. The owner applied for a permit to renovate the building by adding several rows of bricks to the top of the existing walls.

However, during construction, the owner decided to demolish the walls as the first step before doing the work they had stipulated in the building permit application. When the chief building official learned that the walls had been demolished, they revoked the building permit on the grounds that the information the permit was issued stated the walls would remain standing. Hence, that building permit was now incorrect. The property owner appealed the chief building official’s decision, but the judge concluded the chief building official had acted correctly. So, it didn’t matter that the property owner intended to build precisely as shown on the plans. But the mere act of adding another layer meant the permit was now void.

Why does building permit validity exist?

Considering how long you got the building permit, you may wonder why the stipulations are attached to beginning your project. The validity period for building permits is one primary way authorities ensure you meet the designated safety standards and regulations. Again, building codes and regulations evolve. So, a project that meets the code today may not meet it several years later. So, the validity period assures that construction will satisfy the most recent and pertinent regulations. Finally, the validity period ensures that projects are done on time after the permit is granted and that there are no extreme delays. Too many stalled projects may hurt the community through unsightly or hazardous conditions.

Are there any particular cases or exceptions where Ontario building permits do not expire?

There are special cases where you never have to worry or ask how long do building permits last. First, you need to understand why the expiry date exists. It’s because certain projects carry a specific risk ranging from disruptions to your neighbor’s activities, to the dangers of fires and others.

So, when the construction project is classified as low-risk, there may not be an expiry date. Low-risk projects like installing new windows or renovating a kitchen may not have an expiry date. But remember that the chief building officer reserves the right to revoke permits. This is why you want to stick to your project’s timeline to avoid any risks of revocation.

How to avoid expired, suspended, or revoked building permits 

1. Read thoroughly the requirements and conditions of your building permits. Different projects have specific needs and timelines, so you know what they are.
2. Make sure your permit application accurately reflects what you intend to do.
3. Maintain contact with the local permitting authority. If you encounter any issues or delays, communicate those challenges promptly. Authorities may be more lenient when they are aware of your situation.
4. Ensure you request inspections promptly as required during the different construction phases. Especially if an order to uncover or comply was issued. Check out our post on this topic.
5. Review your permits and approved drawings before starting the work.
6. Work with building permit experts to help you make the best plans for your building projects and ensure you are ready to start construction when your permits are issued.
7. If you foresee that your project won’t commence or finish within the permit’s original timeframe, request an extension before any expiry issues.
8. If you have realized that your project will undergo changes or modifications during construction, document these changes and submit them to the permitting authority for approval.

Conclusion

So, to answer the question – How long do building permits last? Your building permits last as long as the project begins on time and concludes with a reasonable timeline. It is crucial to avoid expired or revoked building permits as they can lead to severe consequences, such as legal action, fines, and delays in construction. Keep your building permit status in Ontario in mind at all times. Also, adhere to the terms and stay within timelines to avert avoidable disruptions and penalties.

To successfully navigate the complexities of building permits, consider contacting Property Pathways, a team of building permit experts with a wealth of experience. Property Pathways can provide valuable guidance and help you avoid unnecessary complications in the permitting process. Act now and ensure your construction projects are on the right path with Property Pathways on your side. Get in touch today.