Failing to Obtain a Building Permit: Contrary to Requirements Within Section 8 of the Building Code Act, 1992

Question: What are the risks of proceeding with construction without a building permit?

Answer: By bypassing the permit process, property owners face potential legal issues, including hefty fines, the possibility of stop-work orders, and complications with future property sales or insurance claims, ultimately costing more than the permit itself.

Allegations Involving Building Permit Violations

The Building Code Act, 1992, S.O. 1992, Chapter 23, sets out clear requirements to ensure construction and demolition activities meet safety, structural, and public welfare standards.  This requirement applies to most building projects, whether residential, commercial, or industrial.  Failing to secure the necessary permit before beginning construction or demolition can expose property owners, contractors, and builders, to significant legal and financial consequences.

The Law

The requirement to obtain a building permit for certain construction, renovation, or demolishion projects is mandated Building Code Act, 1992, where it is said:

Purpose of Permits

Building permits serve as a critical tool to protect health, safety, and the environment.  Through the permit process, municipalities review construction plans to ensure compliance with zoning by-laws, structural requirements, fire codes, and other applicable regulations.  Without a permit, there is a lack of independent confirmation that a project meets the required legal standards, creating risks for building occupants, for neighbouring properties, and for the broader community.

Examples

While many people associate building permits with large-scale new builds, section 8(1) applies much more broadly.  Some common examples where a permit is required include:

• Basement Finishing or Renovations:
  The adding of bedrooms, enlarging of windows for egress, or altering of plumbing;
• Deck Construction:
  The installing of a new deck over a specified height or attached to the structure of the home;
• Additions and Sunrooms:
  The increasing of the footprint of a home or the enclosing of existing patios;
• Garage or Shed Construction:
  The building of accessory structures above certain size thresholds;
• Structural Alterations:
  The removing or altering of load-bearing walls, columns, or beams;
• Demolishing Structures:
  The fully or partially tearing down of a building or part of a building; and
• Converting Spaces:
  The changing of a single-family dwelling into a multi-unit residence.

These examples demonstrate that even seemingly minor projects can trigger the requirement to obtain a permit.

Risks

Some property owners attempt to bypass the permit process to save time or money; however, proceeding without a permit is short-sighted and risky. Problems may include:

• The potential of difficulty in selling the property in the future if unpermitted work is discovered;
• The possibility of problems obtaining insurance coverage or recovering for damages when submitting an insurance claim;
• The losses arising from an Order to demolish non-compliant work, creating additional costs; and
• The liability for injuries or damages resulting from unsafe construction.

In many cases, the costs and delays associated with correcting unpermitted work far exceed the time and expense of simply obtaining the required permit up front.

Consequences

Failing to obtain a permit is a provincial offence under the Building Code Act, 1992, and is prosecuted under the Provincial Offences Act, R.S.O. 1990, c. P.33, whereas penalties may include:

• The imposing of monetary fines, which can be substantial and may escalate for repeat or ongoing non-compliance;
• The issuing of a stop-work Order requiring all construction to halt until proper permits are obtained;
• The ordering of the removal or remediation of any unlawful work already performed; and
• The initiating of court proceedings that may result in additional penalties or compliance orders.

Conclusion

The requirement per section 8(1) of the Building Code Act, 1992, is one of the most important safeguards within the regulatory framework for safe and responsible building.  Anyone considering construction, demolition, or structural alteration should carefully assess whether a permit is required, and take the proper steps to obtain one before work begins.  Failing to do so exposes the project to costly penalties and delays and may also put people and property at risk.