What does the Building Code Act say about permits?
The Building Code Act, 1992 says: 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.
(Building Code Act, 1992, s. 8(1)) The word construct is wide: “construct” means to do anything in the erection, installation, extension or material alteration or repair of a building
. (Building Code Act, 1992, s. 1(1)) The Building Code says who applies: the owner of the property on which the proposed construction or demolition is to take place
or the authorized agent of the owner
. (Building Code, O. Reg. 332/12, Division C, 1.3.1.2)
Does the Building Code list work that needs no permit?
Not for interior renovation. The Code's exemptions begin: A person is exempt from the requirement to obtain a permit under section 8 of the Act,
and then name the demolition of a farm building, a building in territory without municipal organization, a Class 1 sewage system, and, in later sentences, a small tent, a small shed and a demountable stage. (Building Code, O. Reg. 332/12, Division C, 1.3.1.1) The practical list of jobs comes from the municipality, which is why the table below uses two city pages.
What do Hamilton and St. Catharines say about common rental jobs?
| Kind of work | Permit usually needed? | Source |
|---|---|---|
| Painting or decorating | Not needed in Hamilton | Hamilton, projects that do not require a permit: Painting or decorating. (City of Hamilton) |
| New flooring, minor millwork and cabinets | Not needed in Hamilton | Installing minor millwork, cabinetry, and flooring such as carpet, laminate or hardwood. (City of Hamilton) |
| Replacing a plumbing fixture in the same spot | Not needed in Hamilton | Replacing existing plumbing fixtures in the same location. (City of Hamilton) |
| Replacing a window, same size and place | Not needed in Hamilton | Replacing existing windows to the same size and location where no fire resistance rating is required. (City of Hamilton) |
| Installing or replacing drywall and insulation | Needed in Hamilton | Hamilton, projects that require a permit: material alterations including installing or replacing drywall and insulation. (City of Hamilton) |
| Adding or removing walls | Needed in both | Hamilton: adding or removing walls (non-load bearing and load bearing), beams and lintels. (City of Hamilton) St. Catharines: Removing or adding walls. (City of St. Catharines) |
| Finishing a basement or other space | Needed in both | Hamilton: interior alterations including finishing or partially finishing a basement or other spaces. (City of Hamilton) St. Catharines: Finishing basements. (City of St. Catharines) |
| New or moved plumbing | Needed in both | Hamilton: new plumbing or relocating plumbing. (City of Hamilton) St. Catharines: Installation or alteration of plumbing systems. (City of St. Catharines) |
| New or bigger door and window openings | Needed in both | Hamilton: creating new door or window openings or increasing the size of openings. (City of Hamilton) St. Catharines: Alterations such as enlarging windows or door openings, skylights or patio doors. (City of St. Catharines) |
| Adding a rental unit | Needed in both | Hamilton: adding additional dwelling units (ADU Internal), including municipal addressing and street naming. (City of Hamilton) St. Catharines: constructing an ADU in St. Catharines requires a building permit. (City of St. Catharines) |
| Fire damage or structural repair | Needed in Hamilton | fire damage repairand repairs to structural members (i.e. subfloor, roof sheathing, beams, lintels, etc.). (City of Hamilton) |
St. Catharines gives the general rule: In general, you'll need a building permit to erect, install, extend, alter or repair a building.
(City of St. Catharines, Do I need a Building Permit) Hamilton lists replacing a furnace as no permit, but new or replacement of ductwork in an HVAC system
as permit work. Hamilton does not say whether a small drywall patch counts as replacing drywall, so ask. Electrical permits are separate: Hamilton's page sends owners to the Electrical Safety Authority, Call for electrical permits and inspections
. (City of Hamilton) Two cities are not all of Niagara. Thorold, Niagara Falls and Grimsby have their own pages and we have not quoted them.
What happens if I skip a permit?
Hamilton lists the consequences, including: Receive order to comply to obtain a building/demolition permit that may be registered on title
and Ordered to stop work
. (City of Hamilton) The Act sets the fine: A person who is convicted of an offence is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence.
(Building Code Act, 1992, s. 36(3))
Should I confirm with the town before I start?
Yes. Hamilton says: For interior renovations, contact the building division for further information as requirements may vary based on scope of work.
And on whose job it is: It is your responsibility to get a Building Permit, if you need one, before you start construction
. (City of Hamilton) St. Catharines says: If you're unsure whether your project requires a permit, please contact us and we can help.
(City of St. Catharines) Call the building department in the town where the unit is, describe the scope, and ask in writing if you can.
What does it mean for my job?
A turnover can hold both kinds of work. Paint, flooring and cabinets are on Hamilton's no-permit list. A new bedroom wall and new drywall are on its permit list. So tell us the scope, ask the town, and plan the permit before the work starts. Ask whoever you hire who applies for the permit and who pays the fee. Reborn Renos does the work on property turnovers, apartment and commercial renovations and new rental units. For the zoning side of a new unit, read adding a rental unit. After a leak, read water damage and mold in rentals.
We work in Beamsville, Lincoln, Grimsby, Stoney Creek, Hamilton, St. Catharines, Thorold and Niagara Falls. Call (905) 920-1418, Monday to Saturday, 7 am to 7 pm, or send the details on the request page.
This is a plain summary, not legal advice. The linked law is what counts.