Hi everyone

I will be starting a new weekly segment on my blog called the Brampton Real Estate Recap, where I will be summarizing some of the most common questions I received from my buyers, sellers, or readers from this blog.  Most of these questions are quite relevant to how the Brampton real estate market is doing and the common issues that clients are facing when buying or selling.

If any of you have any questions you’d like to have answered and possibly featured here in an upcoming article, I invite you to join my Brampton Real Estate Message Board.  It’s free to sign up, and you’re encouraged to post your thoughts, questions, or suggestions about anything.  I’ll post any helpful or interesting questions here every week.

And now, without further delay, here are my top real estate questions of the week:

What does “sold conditionally” mean?  Can I still see the house?

When an offer is accepted between a buyer and a seller, the offer is considered only sold conditional.  Typically, in the sale of a home, the buyers will have 5 business days to arrange financing with their bank and have a home inspector visit the home to ensure that there are no major defects with the house.  If the sale involves a condo apartment or townhouse, the buyers will have 5 business days to arrange financing with their bank and typically 2 business days to have their lawyers review the status certificate from the condo corporation.  Whether it’s a house or a condo, if both of these conditions are fulfilled, the deal is then able to go firm.

During the conditional period, sellers have the option of continuing to allow prospective buyers to view the property or suspending showings altogether.

What is a status certificate?

I’ve written a previous article about this here, but in summary, a status certificate is a report that is ordered by the seller upon acceptance of an offer and provided to the buyer for review.  This report outlines important information, such as the condo corporation by-laws, how much money is in the reserve fund, the current budget, how much maintenance fees are and whether they are predicted to increase or remain the same, potential claims against the corporation, and other financial information.  The buyer’s lawyer will review this status certificate and determine whether or not the condo corporation is healthy or not, and if it is, the buyer will be advised to proceed with the purchase.

What should I expect if I’m a buyer in this market?

Despite the fact that Brampton is one of the busiest real estate areas in the GTA, inventory of good homes are still low.  This has created a hot sellers market, and buyers who eventually find a suitable home find themselves competing in a multiple offer scenario with other buyers.  Many homes are selling close to listing price, and a handful are selling above listing price.  If you are in the market of buying a home, be prepared to submit an offer on the same day you find the right home, provided the sellers are accepting offers.  If you wait even a day or two, it may be too late.

I heard I’ll need a 10% down payment after April.  Is this true?

If you’re purchasing a resale home to live in, you will still be able to purchase with just 5% down.  The only change in mortgage rules is for buyers who will be purchasing rental income properties that they won’t be occupying, and if that is the case, they’ll be required to put 20% down.

Will I have to pay HST on the purchase of my home?

If you’re buying a new home, read my article here.  If you’re buying a resale home, all taxes are already included in the purchase price!  You will, however, be paying HST on such services as your legal fees, home inspection, and other real estate related services.

This is probably the most popular topic of conversation on my blog, as well as the most asked about topic in my emails.  Hopefully the information I provide below will be clear, concise, and answer all your questions as thoroughly as possible.  If you haven’t already done so, please read my previous article on basement apartments in Brampton.

I’m confused.  What is the definition of a basement apartment according to the city?

A basement apartment is a self-contained apartment consisting of a room or rooms in a single or semi-detached house. A basement apartment may be in any part of the house, not necessarily in the basement. Some people call these apartments granny flats, nanny suites, accessory apartments and second suites. The City’s bylaw refers to them as “residential units.”

A self-contained apartment must have a separate means of entry (which may be through another unit), a kitchen (or cooking area) and bathroom facilities. A self-contained apartment may be as small as a single room that contains all of these features.

–> However, if you rent a room in a house or a flat with a shared entrance, kitchen and bathroom facilities, this bylaw does not apply to you. <–

Who enforces these by-laws?  Is this Ontario-wide or does this only apply to Brampton?

In 1994, the Government of Ontario proclaimed Bill 120, which permitted second units in houses. The bill permitted the units, despite Brampton’s municipal zoning bylaws, if the units met health and fire safety standards.

On November 16, 1995, the Government of Ontario introduced Bill 20, restoring to municipalities the right to outlaw basement apartments. Bill 20 became effective on May 22, 1996.

Bill 20 prohibits new apartments in houses after May 22, 1996. The bill allowed homeowners to keep apartments in houses that tenants or other residents occupied on or before November 16, 1995 – if they conform to the requirements of the original Bill 20. It also allowed apartments that homeowners built between November 16, 1995 and May 22, 1996 if the City issued a building permit.

So if my house has a basement apartment, how do I know if it’s legal or not?

If you purchase a home in Brampton and the basement apartment was built after November 16, 1995, it is illegal. The only legal basement apartments in Brampton had to have been built prior to that date, and have had to been registered with the city before January 31, 2006 and/or have legal non-conforming status.

A single or semi-detached registered home can only have one basement apartment. Homes that have been subdivided into more than two units are strictly prohibited unless the property has been specifically zoned to permit multiple units. It is extremely rare to find a house that has been zoned as a triplex!

Can I legally convert vacant space in my home into a basement apartment?

NO! The City Of Brampton states:

Over the last year of blogging, I’ve noticed that I’ve received the MOST inquiries about tenant and landlord rights, so I thought it’d be a good time to go over some of the essential things you need to know.

Landlord and tenant rights in Brampton are governed by the Landlord & Tenant Act of Ontario.

I’ll list some of the most commonly asked questions and their answers, and then provide a link at the end for anyone who needs more information.  These questions are taken directly off the Landlord & Tenant Board website of Ontario.

Can the landlord refuse to rent to a person if they have a pet?

Yes, if a landlord has a “no pets” policy and they learn that a person applying to rent an apartment has a pet, the landlord may refuse to rent to that person.

Can a landlord ask a person applying for a rental unit to provide information about their Income, credit references and rental history?

Yes, when choosing a new tenant, a landlord can ask the person applying for the rental unit to provide information such as: current residence, rental history, employment history, personal references and income information (if credit references and rental history information are also requested).  However, the Ontario Human Rights Code has special rules about asking for information about the income of a prospective tenant.  Landlords must follow these rules.

Who is responsible for maintaining the unit?

It is the landlord’s responsibility to maintain the unit and ensure that it is in a good state of repair, even if:

• the tenant was aware of problems in the unit before they moved into it, or,
• the landlord puts into the lease that the tenant is responsible for maintenance.

However, the tenant is responsible for keeping the unit clean, up to the standard that most people consider ordinary or normal cleanliness.  The tenant is also responsible for repairing or paying for any damage to the rental property caused by the tenant, their guests or another person living in the rental unit.

Can a tenant withhold rent because their landlord isn’t properly maintaining their building or unit?

No.  If the tenant withholds rent, the landlord can give the tenant a notice of termination for non-payment of rent and then file an application to evict the tenant.

What should a tenant do if repairs are needed to their building or unit?

A tenant should first talk to the landlord and let the landlord know what the problems are.  The tenant should also put all the problems in writing and give this to the landlord or the person that takes care of these problems (e.g. the superintendent or property manager).

If the landlord refuses to do the repairs or the tenant thinks that the landlord is taking too long to deal with them, the tenant has several options.

See the Board’s brochure on “Maintenance & Repairs” for information about what a tenant might do.

When does a landlord have to turn the heat on?  What temperature does my landlord have to keep my apartment at?

If a landlord provides heat, the Act requires the landlord to keep the heat to at least 20 degrees Celsius from September 1 to June 15.  In addition, many municipalities have their own property standards or bylaws about heat.  You should contact you local municipal government to find out if your community has a bylaw that sets minimum standards for heat.

What can a tenant do if their landlord does not turn on the heat?

Heat is a vital service.  If the landlord is responsible for providing heat and the landlord does not provide heat to the standards identified in the previous question, the landlord may be committing an offence.  You may call the Investigations and Enforcement Unit of the Ministry of Municipal Affairs and Housing at 416-585-7214.

Can a landlord enter a tenant’s unit?

The Residential Tenancies Act (the Act) allows a landlord to enter a tenant’s unit only under specific circumstances.  In most cases, the landlord must first give the tenant 24 hours written notice, stating when they will enter and for what reason.  There are some exceptions, however, such as in the case of an emergency or if the tenant agrees to allow the landlord to enter the unit.

For more information about when a landlord can enter a tenant’s rental unit, see A Guide to the Residential Tenancies Act.

Can a tenant refuse to let the landlord in if the landlord wants to enter their unit?

If the landlord enters the tenant’s unit as allowed by the Act, the tenant cannot refuse to let the landlord in. If the tenant does not let the landlord in, the landlord can give them a notice of termination claiming that the tenant is interfering with their lawful rights.  A Member could order the tenant’s eviction for this reason. Also, interfering with a landlord’s lawful right is an offence under the Act, and the tenant could be prosecuted.

For information about when a landlord can enter and how much notice a landlord is required to give before entering a tenant’s rental unit, see A Guide to the Residential Tenancies Act.

What can happen if a landlord enters a unit illegally?

If a landlord enters a tenant’s unit illegally, the tenant may file an application with the Board. If the Board finds that the landlord has entered the unit illegally, there are a number of things that the Board may order. For example, the tenant could receive an abatement of rent or the landlord could be ordered to pay a fine. What is ordered is up to the Member who hears the application.

For information about when a landlord can enter and how much notice a landlord is required to give before entering a tenant’s rental unit, see A Guide to the Residential Tenancies Act.

Can a tenant change the locks?

A tenant cannot change the locks unless the landlord agrees.  Also, the tenant cannot add locks that might stop a landlord from entering the unit if there is an emergency or if the landlord has a valid reason for entering the rental unit and the landlord has given the tenant proper notice to enter.  If the tenant does change the lock, a copy of the key should be given to the landlord immediately.

Can the landlord change the locks?

A landlord can change the locks while the tenant is living in the unit as long as they give the tenant a key for the new lock.

Note:  Once a tenant has been evicted from the unit, the landlord can change the locks, even if the tenant has left property in the unit. The landlord does not have to give the former tenant replacement keys in this case.

How often can the rent be increased?

The landlord cannot increase the rent for a new tenant until 12 months after the tenancy started.   Then, the landlord is allowed to increase the rent once every 12 months.

Does a landlord have to notify a tenant of a rent increase?

Yes.  In order for a landlord to increase the rent, the landlord must give a written notice of rent increase to the tenant at least 90 days before the day the rent increase is to start. The notice must tell the tenant how much the new rent will be and when to begin paying the new rent.  If the tenant thinks that the new rent is too high and they do not want to pay it, this allows the tenant enough time to give the landlord proper notice of termination and move out before the rent increase begins.

Does a landlord have to give rent receipts?

Yes, if a tenant asks for them.  The Act requires a landlord to provide rent receipts, free of charge, to a tenant when the tenant asks for them. A tenant can ask for a receipt for any payment or deposit the tenant gives to the landlord, including a payment for rent arrears.  It is an offence for a landlord to fail to provide a rent receipt when one is requested by a tenant.

This rule also applies to a former tenant – The landlord must provide a former tenant with receipts if they request it, as long as the former tenant makes their request within one year of the date they moved out.

What information must be provided in a receipt?

A rent receipt must include at least the following information:

• the address of the rental unit;
• the name of the tenant(s) to whom the receipt applies;
• the amount and date for each payment received for any rent, rent deposit, arrears of rent, or any other amount paid to the landlord and shall set out what the payment was for;
• the name of the landlord; and
• the signature of the landlord or the landlord’s agent.

When is the rent considered late?

Rent is considered late if it is not paid by the day that it is due.  For example, if the rent is due on the 1st of the month and it is not paid by on that day, it is late.

If a tenant is late with their rent, what can the landlord do?

If a tenant does not pay rent on the date that it is due, the landlord can give the tenant a Notice to End a Tenancy Early for Non-payment of Rent (Form N4). This notice gives a tenant who pays rent monthly 14 days to pay the rent due or to move out. If the rent is not paid, and the tenant does not move, the landlord can make an application to the Board for an order:

• requiring the tenant to pay the rent that is owing, and
• evicting the tenant if they do not make the entire payment by a specified deadline

See the Board’s brochure on If a Tenant Does Not Pay Rent for more information.

If a tenant is often late with the rent, the landlord may give a Notice to Terminate a Tenancy at the End of Term (Form N8) for persistently paying rent late.  Daily or weekly tenants must be given 28 days notice and in all other cases, the tenant must be given 60 days notice.  In this case, the landlord can apply to the Board for an order evicting the tenant right after giving the tenant the notice.

Can a landlord charge a person a deposit or a fee to rent a unit?

Yes, a landlord can collect a rent deposit if it is requested on or before the day that the landlord and tenant enter into the tenancy agreement. The rent deposit cannot be more than one month’s rent or the rent for one rental period, whichever is less.   For example, if rent payments are made weekly, the deposit cannot be more than one week’s rent; if rent payments are made monthly or bi-monthly, the deposit cannot be more than one month’s rent.

The rent deposit must be used for the rent for the last month before the tenancy ends.  It cannot be used for anything else, such as to pay for damages.

Does a landlord have to pay interest if a rent deposit is collected?

Yes, the landlord must pay the tenant interest on the rent deposit every 12 months.  The amount of interest that a landlord must pay is the same as the rent increase guideline that is in effect when the interest payment is due.  The guideline is set each year by the Ministry of Municipal Affairs and Housing.  Information about this year’s rent increase guideline can be found in the Brochures by Topic section of our website.

Note:  Landlords may deduct the amount needed to update the rent deposit (so that it equals the current rent) from the interest that is owed to the tenant.  See previous question.

If the landlord does not pay the interest owed to the tenant when it is due, the tenant can:

• deduct the interest from a future rent payment, or
• file a Tenant Application for a Rebate (Form T1) to the Board

How much notice does a tenant have to give if they want to move out?

When a tenant decides to move, they must provide a written notice of termination to the landlord. In most cases, this is a 60-day notice. The termination date must be the last day of their rental period or their lease, even if this is more than 60 days.

For example, if it is a monthly tenancy that begins on the first day of each month and the tenant gives the landlord notice on June 15th, the termination date would be August 31.

In the case of a weekly tenancy, the tenant must give the landlord at least 28 days notice before the last day of the final week of the tenancy.

If the tenant pays rent on a daily basis, 28 days is also required.

For more information, see the brochure on How a Tenant can End Their Tenancy.

Can a tenant break a lease?

Breaking a lease means that a tenant wants to leave their unit before their tenancy agreement is over.  For example, a tenant who signed a one year lease might want to leave their unit in the eighth month.

A tenant and landlord can agree to break a lease. It is best for both parties if this agreement is in writing and is signed by the landlord and the tenant. If the landlord is not willing to break the lease, the tenant has the right to assign the unit to a new tenant with the landlord’s consent.

For more information see the brochure on How a Tenant can End Their Tenancy.

What is the difference between assigning and subletting a unit?

Assigning a unit means that the tenant moves out of the unit permanently and transfers their tenancy to another person.  All the terms of the original rental agreement stay the same – the amount of the rent and what services are included etc.   For more information about the rules for assigning a tenancy, see our brochure on How a Tenant Can End Their Tenancy.

Subletting a unit means that the tenant moves out of their unit for a specific period of time but the tenant plans to move back into the unit before the end of the tenancy. The person who moves in is known as a subtenant.  They are responsible to pay the rent to the original tenant who then pays it to the landlord.  A landlord cannot refuse the idea of subletting the unit, but they can refuse to allow the tenant to sublet to a specific person if they have a good reason.

How can a tenant sublet their unit?

If a tenant has to leave their unit for an extended period of time but they want to return to it, they can ask their landlord for consent to sublet the unit.   For example, if a tenant’s job is being transferred to another city for six months and then they want to return to their unit, they might ask their landlord if they can sublet the unit. They must tell the landlord when they are leaving and when they will be returning to the unit, and they must get the landlord’s consent before subletting.

A landlord cannot refuse the idea of subletting a unit, but they can refuse a specific person if they believe the person is unsuitable.  However, if the tenant thinks that the landlord is being unreasonable in withholding their consent to sublet to someone, the tenant can file an application with the Board.

The application that a tenant may file is the Application About a Sublet or an Assignment (Form A2).

What happens if a tenant assigns or sublets their unit without the landlord’s consent?

If a tenant assigns or sublets their unit without their landlord’s consent, it is an unauthorized assignment or sublet.  A landlord can file an application with the Board to evict both the tenant and the unauthorized occupant.  However, if the landlord does not file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant will become a tenant.

The application that a landlord may file is the Application About a Sublet or an Assignment (Form A2).

What is the process for evicting a tenant?

In most situations, before a landlord can apply to the Board to evict the tenant, they must first give the tenant a Notice of Termination that tells the tenant what the problem is.  For some termination notices, the landlord must wait a specific number of days to see if the tenant corrects the problem before they can file the application with the Board. The number of days the tenant has to correct the problem is set out in the notice.  If the tenant does not correct the problem and/or does not move out, the landlord can file an application with the Board and in most situations a hearing will be scheduled.

At the hearing, the parties can appear in front of a Member of the Board.  The Member will listen to what each person has to say and then make a decision.

If an eviction order is issued, it tells the tenant when they must be out of the unit. If they do not move out, then the landlord can file this order with the Court Enforcement Office. Only the Sheriff can evict a tenant who does not leave a unit as directed by an eviction order issued by the Board

Can a tenant be evicted without a hearing?

Yes, for some types of applications an ex parte order can be issued without holding a hearing.

Can a tenant be evicted in the winter?

Yes. There is nothing in the Residential Tenancies Act that prevents a tenant from being evicted during the winter months.

For what reasons can a landlord evict a tenant?

There are different reasons for evicting a tenant.

For some reasons, a landlord can only evict a tenant at the end of the tenancy agreement (at the end of a lease) – in most of these situations, the tenant has not done anything wrong, but the landlord needs the unit back.

Other reasons allow a landlord to evict a tenant in the middle of their tenancy agreement or lease– these are generally situations where the tenant or someone the tenant let into their building has done something wrong.  For example, the tenant has not paid their rent or has damaged the rental property.

Information about the reasons for evicting a tenant are explained in the Board’s brochure, A Guide to the Residential Tenancies Act.

Can a landlord evict a tenant for having a pet?

A tenant can be evicted for having a pet in their unit only if:

• the pet is making too much noise, damaging the unit, or causing an allergic reaction, or
• the animal or species is considered to be inherently dangerous.

Even if the tenancy agreement has a ‘no pets’ rule in it, the tenant cannot be evicted just for having a pet unless the Board decides in an order that the pet is causing a problem, or that the pet is inherently dangerous.

Can a tenant be evicted for having a roommate?

No, a tenant cannot be evicted simply for having a roommate.  However, a tenant may be evicted if the roommate is causing a problem for the landlord or for other tenants.  For example, if the roommate is making a lot of noise, damaging the unit, or there are too many roommates (overcrowding), the landlord can serve a notice of termination and apply to evict the tenant and any other occupants of the unit.

Can a tenant be evicted if the landlord wants to use the unit themselves?

Yes, a tenant can be evicted if a landlord “in good faith” requires the unit for:

• their own use,
• the use of an immediate family member, or
• the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex.

Once the landlord gives the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant.  However, a tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order.

Can a tenant be evicted if the landlord sells the house and the purchaser wants to move in?

Yes, but only if the rental complex has three or fewer residential units.

A tenant can be evicted if a landlord has agreed to sell the rental property, and the purchaser requires the rental unit for:

• their own use,
• the use of an immediate family member, or
• the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex.

Once the landlord gives the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant.  However, a tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order.

Can a tenant be evicted for something that their roommate or a guest they allow into the rental unit does

Yes, a number of the reasons for eviction are based on problems caused by an occupant of the unit (someone that the tenant lets live with them), or a guest that the tenant lets into their building.  So, for example, if a tenant’s guest punches a hole in the hallway wall, the landlord could give the tenant a notice of termination and, if the problem isn’t resolved, make an application to the Board to evict the tenant.

What can a tenant do if the landlord gives them a Notice of Termination?

The tenant should first read the notice to see why and when the landlord is asking them to leave. They may wish to talk to their landlord about the notice and see if the problem can be worked out. If the problem isn’t worked out, the tenant can:

• talk to their landlord about the notice and correct the problem as outlined in the notice (if the notice was given because the landlord believes the tenant did something wrong); or
• leave the unit as requested by the landlord; or
• stay in the unit and see if the landlord files an application against them with the Board.  If an application is filed, the tenant can go to the hearing and tell the Member about the situation.

A tenant may also wish to phone the Board’s call centre to learn more about the eviction process and/or get some legal advice from a lawyer or legal clinic.

A tenant has the right to stay in their unit until the Board issues an eviction order based on an application filed by the landlord. A tenant cannot be legally evicted without an eviction order from the Board.

If the tenant didn’t give notice that they were leaving, but the landlord believes the tenant has left the rental unit – can the landlord change the locks and re-rent the unit?

The landlord should make a reasonable effort to contact the tenant to determine if they have in fact left the unit (for example, by writing the tenant or calling them, if the landlord has the tenant’s number).

If the landlord believes that the tenant has abandoned the rental unit, then the landlord may apply to the Board for an order ending the tenancy. Although this is not mandatory, if the landlord re-rents the unit without having the Board confirm that it is abandoned in an order, and the tenant has not really left, the tenant could take legal action against the landlord.

The application form that landlords can use is the Application to Terminate a Tenancy and Evict a Tenant (Form L2).

What can a landlord do with property that is left in the unit after the tenant has moved out or has been evicted?

This depends on a number of things such as how and when the tenant moved out, and why they moved out.  There are special rules a landlord must follow before disposing of abandoned property.  For information about the rules, you should contact the Landlord and Tenant Board.

For more information, here are the following links:

If you are a landlord and want more information, please visit: http://www.ltb.gov.on.ca/en/STEL02_111286.html

If you are a tenant and want more information, please visit: http://www.ltb.gov.on.ca/en/STEL02_111281.html

Best of luck!

By-laws, rules, and regulations. It seems like anything you want to do around the house requires some research into city ordinances first. Here are some questions and answers for some common questions you may encounter during your time as a home owner. As always, you can find more information on the City of Brampton’s website.

Have a great day!

Is there anywhere in Brampton I can let my dog off leash?

Yes. The leash free zones are located in White Spruce Park on the West side of Heart Lake Road just South of Sandalwood Parkway and the second location is in Chris Gibson Park at the intersection of McLaughlin Road and Flowertown Avenue. The leash free zone is open from dawn till dusk. Dog owners using the area are required to have their dogs spayed or neutered, vaccinated and licensed. Animals that are showing signs of animal or human aggression are not permitted in the park. If your dog has a history of biting it is not allowed in the park. As of July 1, 2000 it is mandatory for pet owners in Peel Region to have their dogs and cats vaccinated against rabies. Children under ten years of age are not permitted for their own protection. Please follow all rules, remember to “stoop and scoop” and enjoy the leash free area.

Who can I speak to about trees and streetscape?

Contact the Community Design, Parks Planning and Development Division, Open Space Design and Construction within the Planning, Design, and Development Department at 905-874-2334 to speak with a Landscape Architect.

Someone is cutting trees down in my neighbourhood. Whom do I call to see if this is permitted?

The City has two by laws that govern the removal of trees. A Woodlot Preservation By Law was passed in 2005 that governs, under a permit structure, the regulation of tree removal within woodlots greater than 0.2 ha in size, and provided certain other conditions are present. More information is available at here. The Woodlot Preservation By Law does not apply to woodlots that form part of a subdivision or site plan application. Modifications to such woodlots are administrated through the standard development application process.

The City also has a Tree Preservation By Law that administrates the removal or alteration of individual trees on private property. For more information on this, please contact the Urban Forestry Section in the Community Services Department at 905-874 -2913.

Is providing air conditioning in a rental unit a requirement under the City of Brampton by-laws?

No, there are no by-laws stipulating that air conditioning must be provided in a rental unit.

What are the requirements for fences around pools?

There are several requirements for fences around pools or ponds that are capable of holding 24, or more, inches of water. For complete information, please consult the Pool Fence By-Law.

It is important to note that no water should be placed or remain in a privately owned outdoor swimming pool unless the fence surrounding the pool and gate to obtain entry into the pool area have been inspected and approved by the City.

To obtain a permit for a pool fence/gate and to arrange an inspection, you can contact the City Clerk’s Office in person or by telephone at (905) 874-2123, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

How high is a hedge allowed to grow?

In accordance with the Minimum Maintenance By-Law, a hedge must be kept trimmed and from becoming unreasonably overgrown in a manner that may affect safety, visibility or passage of the general public. Adherence to hedge dimensions becomes particularly important when a hedge flanks or is otherwise adjacent to a driveway, that is, a driver’s view must not be obstructed by the hedge when pulling into or out of the driveway.

Depending on the hedge dimensions, it may be considered a fence and, therefore, would have to meet the standards outlined in the City’s zoning by-law. A fence on the side or rear of a property can be 1.2 metres (6′ 6″) high; a fence in the front yard may be 1 metre high.

For further information about fences and fence heights (particularly if you live on a corner lot) you may contact the City of Brampton Zoning Department at (905) 874-2090, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

What are the zoning regulations concerning how wide a driveway can be?

Zoning regulations require each property to maintain a percentage of the front yard with landscaping as defined in the zoning by-law. Since these percentages vary across the City, you should contact the Zoning Department at (905) 874-2090, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm to determine the applicable regulations in your neighbourhood.

Are there any restrictions over where on my property I can put a garden?

A garden must be two feet away from the property line so the drainage on the property is not disrupted.

Also, if you are adding more than one inch of fill to your property or you are changing the grade of your property, you are required to obtain a Fill Permit by contacting the Works and Transportation Department at (905) 874-2500, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

Is there a Brampton by-law against having a clothesline?

There are no Brampton City by-laws governing clotheslines, however, there may be requirements within your local neighbourhood. Be sure to check the deed restrictions that you received when you purchased your property and/or consult a real estate lawyer for further information/clarification.

What are the requirements and limitations of erecting a shed on my property?

The requirements and limitations of erecting a shed vary depending on the size of your lot. Generally, you may have one shed which must be less than 10 square metres in size. The shed must also be set a minimum of 2 feet back from the property line.

If your lot is larger than average, please contact the Zoning Department at (905) 874-2090, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm to ascertain if the restrictions are different from those for average size lots.

My neighbour’s dog makes a mess on my grass and my neighbour refuses to clean it up. What can be done?

Although the “stoop and scoop” laws outlined in Traffic By-Law 93-93 prevent pet owners from permitting their pets to foul City property, there is no City by-law that governs the soiling of private property. As such, your neighbour is not contravening a City by-law by allowing his dog to mess on your lawn.

However, you may still submit a complaint about your neighbour’s dog by calling the Brampton Animal Shelter at (905) 458-5800. An Animal Control Officer will be dispatched to your neighbour’s to investigate and discuss the situation and, if it is found that Dog By-Law 7-92 has been contravened (that is, dogs must be leashed or otherwise under control of a person at all times, except when the dog is on the property of its owner or has prior consent of the owner of the land on which the dog is found) the Officer will issue a ticket.

My neighbour is parking his/her car on the grass in front of his/her house. Can he/she do that?

Minimum Maintenance By-Law 104-96 prescribes the standards for properties situated in the City of Brampton.

Amongst other things, this by-law states that “No vehicle shall be parked in the front yard, rear yard, interior side yard or exterior side yard except on a paved or appropriately finished surface”. As such, a car parked on the front lawn of a house is in contravention of the by-law.

Queries and concerns can be submitted at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458‑3424.

Do I need a permit or permission from the City to cut down a tree on my property?

You do need a permit or permission to cut down a tree on private property. Cutting down, damaging or otherwise destroying trees on private property is subject to the guidelines described in the Tree Preservation By-Law 38-2006. In accordance with this by-law, you must have a permit to destroy or damage trees on private property that are not exempted by their size, type or position (on the property).

Cutting down, damaging or otherwise destroying trees on a woodlot is governed by By-Law 70-2001 relating to woodlot/trees. In accordance with this by-law, you must have a permit to destroy or damage a tree on a woodlot.

Damaging or cutting down a tree that is on City-owned property is prohibited by City of Brampton

Traffic By-Law 93-93 and Parklands By-Law 161-83. If you have questions or concerns about trees that you think may be on City property, please call the Urban Forestry Section of the Parks and Recreation Department at (905) 874-2906, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

I am living in a semi-detached house and my neighbours’ cars are encroaching on my driveway. I’ve spoken to them about it and they just don’t care. What can I do?

Unfortunately, there are no relevant City by-laws pertaining to matters of this nature. This is a civil matter between two landowners that should be addressed at that level.

Is it legal for a vehicle without license plates to be parked in a driveway?

Minimum Maintenance By-Law 104-96 prescribes the standards for properties situated in the City of Brampton.

Amongst other things, this by-law states that “No vehicle which is in a wrecked, discarded, dismantled or inoperative condition or is unlicensed shall be parked, stored, or left in the yard…”. As such, an unlicensed, unstickered or inoperative car parked in a driveway would be in contravention of the by-law.

Queries and concerns can be submitted at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458-3424.

What can be done about loud music or barking dogs?

Minimum Maintenance By-Law 104-96 prescribes the standards for properties situated in the City of Brampton.

Amongst other things, this by-law states that “a person shall not, within the City of Brampton, make, create, cause, or cause or permit to be made, noises likely to disturb the inhabitants…unusual noises…”.

Queries and concerns can be submitted at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458‑3424.

It is important, following submission of a noise complaint, that you and/or your neighbours submit future and other incidences of noise from the offending party noting type of noise, date, time and duration. This information could become valuable in future court proceedings.

What is the weed by-law in Brampton and how does the City deal with a weed complaint?

By-Law 121-90, states that “Every owner in the City shall cut the grass and weeds on their premises and remove the cuttings whenever the growth of grass or weeds exceeds twenty centimetres (20 cm) in height.”

During the summer months, the Enforcement and By-Law Services Division has a team of staff dedicated to monitoring and investigating grass and weed issues in Brampton. A citizen or an Inspector may submit a weed or unkempt grass/lawn-related complaint. This complaint could ultimately result in the offending property owner being charged for lawn maintenance services in addition to an administration fee. If these costs are not paid, they could be added to the owner’s property taxes.

Can my friends and I set up a tent and camp in the park behind our house during the summer?

Camping in a City park is a contravention of Parklands By-Law 161-83. Only permit holders for special events are authorized to be in a City park after 11:00 p.m.

My children always run after the ice cream truck when it drives down the street ringing the bell or playing music. Is the ice cream truck permitted to do this?

As well as presenting an unsafe situation for children, selling ice cream or any other products from the road is a contravention of Traffic By-Law 93-93. Enforcement Officers patrol and lay charges against owners of these vendors for this contravention of the by-law.

If you would like to submit a concern or complaint, you may do so at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458‑3424.

My neighbour does not clean up after his dog and leaves a mess on the boulevard in front of my house. Can he be charged and does a sign need to be posted for a conviction to be registered?

Although signs may help in educating the public about “stoop and scoop” laws, posting a sign is not necessary for a charge to be laid against a person who contravenes Traffic By-Law 93‑93 by allowing his pet to foul City property. Further, the City’s Parklands By-Law 161‑83 stipulates that all animal owners clean the parkland (the definition of which includes City parks) of excrement from their animal.

If you would like to submit a concern or complaint, you may do so at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at 905‑458‑3424.

Who has authority to issue tickets?

Brampton Parking Enforcement Officers have been enforcing the City of Brampton parking by‑laws since the mid‑1970′s and have full authority to issue tickets for parking violations.

In this capacity, Parking Enforcement Officers possess the same degree of authority as a Police Officer.

In addition, some private agencies are also authorized to issue parking tickets on private property in Brampton.

When can I set off fireworks?

In the City of Brampton, we respect the holidays of the many cultures in our community and provide opportunities for the safe use of consumer fireworks on Canada Day (July 1), Diwali (Oct. 21 in 2006), New Year’s Eve (Dec. 31) and Victoria Day.

Thanks to the City Of Brampton for providing this information on their website. Again, if you have any further questions or concerns, I urge you to check out their website first before calling the city. They have a ton of useful information posted online.

It seems like basement apartments continue to be a hot real estate topic of discussion these days. So much that Peel Police and the Landlord and Tenant Board are holding a free seminar for residents interested in learning more about rights and responsibilities surrounding basement apartments. This sounds like a great forum to attend if you’re either a landlord or tenant, and you want to get answers straight from the horse’s mouth.

The free seminar is being held on Thursday, March 27 at the Queen St. Community Police Station, 148 Queen St. East in Brampton, from 6:30 pm – 7:45 pm. Basement apartments will be just one topic, as the seminar will focus on rights and obligations under the Tenant Protection Act. You’ll be able to ask questions at the end of the presentation. Seats are limited, so if you want to reserve yours, call 905-453-2121.

Judging by the popularity of my first article on illegal basement apartments in Brampton, the topic still strikes a lot of interest with readers. And now the debate rages on as Brampton city councillors announce that they’re preparing to look into the subject again in the very near future.

Here are some interesting things to note from statistics compiled from 2007:

• Deterring illegal basement apartments has proven to be difficult as provincial fines are set at only $100 – $500.
• Of the 600 complaints filed by other residents last year, most were wrong in their reports. Most cases turned out to involve extended families living within the household.
• Home owners are legally allowed to refuse city bylaw officers from entering their home, as city workers actually have no right of entry. Of the 600 complaints last year, 75 refused entry to city officials. Firefighters DO have right to entry if they believe there is a safety hazard.
• Brampton currently employs 10 bylaw enforcement officers to investigate complaints.
• The number of complaints has dropped this year. There have been 78 this year to date.

Some of the big issues that are created by an excess of illegal basement apartments are property standards, parking, traffic congestion, and overburdening infrastructure such as schools.

If you’re looking for more information about the legalities of illegal basement apartments in Brampton, please check my earlier article linked above. In the meantime, you can check this article that goes more into depth about Brampton’s current stance on illegal basement apartments.

Are you a new homeowner in Brampton. Have you recently purchased a new home from a builder and either have just moved in or are about to move in? You may have a lot of questions on your mind about your new home, but fear not… here are some common questions you may be thinking about, and their answers!

What will my new address be?

Contact the Municipal Addressing Clerk in the Building Division at 905-874-2434.

Who can I talk to about Lot Grading?

Contact Development Construction at 905-874-2500.

When will my lot be sodded?

In accordance with the subdivision agreement, the developer shall ensure that the builder completes the sodding of each lot shown on the plan no later that 6 months after the date of occupancy of the dwelling unit on that lot. Dwelling units to be occupied between November 1 and June 15 of the following year, shall be complete by June 30th following such occupancy.

Who should I speak to if there are going to be utility boxes on my lot?

Homeowner should contact Hydro One Brampton for location of the utility boxes.

When can I install a fence in my rear and side yards with my neighbours?

Homeowners should not install fencing until the Development Services inspector has had the opportunity to properly inspect and certify the lot. Once the lot has been inspected and the builder has completed all deficiencies, the homeowner can install the fence. Homeowners should check their agreements for any conditions with reference to fencing.

When will my driveway or grading deposit be returned to me? Who has my grading deposit?

The City of Brampton holds letters of credit from the developer to ensure that all works are completed in accordance with City standards and specifications. The City does not hold grading or driveway deposits from the homeowners or the builders. The homeowner should check the purchase agreement to see who has the grading deposit and when it will be returned.

Is there a survey of my property?

Contact Technical Services Division within the Planning, Design, and Development Department at 905-874-2058 or 905-874-2059

Is my subdivision assumed?

Contact the Law Department at 905-874-2675.

When will the sidewalk and curb be installed on my street? Can I widen my driveway?

The developer will install curb and sidewalk usually no later than 6 months after occupancy. Should the 6 months after occupancy fall into the winter months, then the work will be completed as soon as the appropriate weather returns. City inspectors try to ensure that all sidewalk and curb construction is completed within the specified time. It is possible to widen your driveway in some cases. Prior to doing any work you must submit a drawing indicating the work you intend to do to the Construction Division of Development Services. This drawing will be circulated to other departments for review. Once all criteria are met then the work may commence.

I live in a new subdivision and all I have is a lot number. Who can I talk to about getting my address?

Contact the Municipal Addressing Clerk in the Building Division at 905-874-2434.

Can I have the City install a gate in my fence that abuts a park or valleyland area?

The City requires developers of new communities to install chain link fences on private property abutting tableland Neighbourhood and Community parks. Typically, gates are installed in these fences to facilitate access and encourage park use. For older parks, or where there has been no gate installed, the City has no objection to residents installing gates at their expense. No permit is required.

The City also requires that developers install a chain link fences on private property abutting municipally owned or conservation authority owned natural areas (woodlots, valleylands). To limit encroachment and to encourage natural ecological functions of such areas gates are NOT permitted in these locations. Residents installing gates in such areas or found encroaching, will be asked to remedy the infraction or charged for such remediation work if it needs to be done by City forces.

I would like to speak with someone about fencing in our subdivision.

Contact the Community Design, Parks Planning and Development Division, Open Space Design and Construction within the Planning, Design, and Development Department at 905-874-2081.

Do I require a permit to build a fence on my property?

No. Check with Zoning Services to confirm by-law restrictions.

Does the City provide surveyors to confirm boundaries for fencing?

No. The owner is responsible for retaining an Ontario Land Surveyor to confirm boundaries.

How do I get a refund of my grading deposit?

Lot grading deposits are held by the builder and are generally returned to the purchaser after the lot grading has been approved by the City. Contact the Development Construction Section to confirm that the lot grading has been approved and contact the builder for return of the deposit.

What school will my child be attending?

Contact the Public School Board at 905-890-1099 or the Dufferin Peel Roman Catholic District Separate School Board at 905-890-1221

Is there going to be a new recreation centre or arena in my area?

Contact Parks and Recreation at 905-874-2300.

Is there a school being built near me?

Contact the Public School Board at 905-890-1099 or the Dufferin Peel Roman Catholic District Separate School Board at 905-890-1221

What is the purpose of the square drain located on the street known as a catchbasin?

The purpose of a catchbasin is to collect rainwater during rainstorms. Disposing of any other substance into the catchbasin is illegal since this water ends up in our creeks and rivers and will harm the fish.

Who is responsible for the cleaning of rearlot catchbasins in a residential subdivision?

Once the subdivision has been assumed, the responsibility of cleaning and maintaining the rearlot catchbasin belongs to the owner of the property. Any maintenance prior to assumption is the responsibility of the developer.

Who can I speak to about street trees and other streetscape matters?

Contact the Community Design, Parks Planning and Development Division – Open Space Design and Construction within the Planning, Design, and Development Department at 905-874-2334 to speak with a Landscape Architect

Who is responsible for cleaning the roads?

The City instructs all developers and builders in new or existing subdivisions that once any of the houses have been occupied the streets must be cleaned. In the warmer months the roads are to be flushed as required and in the winter months they are to be scraped down daily. Dust control during construction must be maintained constantly.

The City Of Brampton has a wonderful FAQ page that contains a wealth of information pertaining to many topics. I highly recommend you check it out if you have a moment. In the meantime, stay tuned for my next article about home staging!

Have a great day.

Snow removal in the city of Brampton is becoming a big topic as the winter of 2007-2008 has pummeled the Greater Toronto Area with snow. And with forecasts predicting lots more snow this winter, here are some other things you may need to know about snow removal. In my article about when to shovel your snow after a snowstorm, I touched upon some of the by-laws in place regarding snow removal from your property. But what about the city’s snow plowing and road clearing services?

If you’re wondering when the plows will be hitting the streets after a major snowfall, the city of Brampton has a web page with a status on snow removal, updated daily or when weather conditions change. You can also visit this page which lets you look up your street for specific snow removal updates as well as finding out Brampton’s road plowing priorities and levels of service. No matter how much snow falls, the city of Brampton points out that citizens can expect to have all streets plowed within 24 hours after the end of a snowfall. Heavy or continuous snowfalls may extend this period to 48 hours or more as plows may be reassigned from local residential streets to keep primary service roads clear.

Family Day

Our new holiday officially lands on Monday, February 18. Whether you have the day off or you’re working, bear in mind that Brampton city hall will be closed, as well as a number of city services. This means residents will not be able to apply in person for a marriage license, pay parking tickets, apply for building permits or for a job with the city. Of course, snow removal and fire and emergency services will continue as usual.

Brampton Transit will be running, but will be operating on a Sunday/Holiday schedule. Brampton recreation centres will be offering special programs and prices for families on Family Day.

Have yourself a wonderful weekend, and thanks for visiting the Brampton Real Estate Blog. More real estate articles coming up shortly!

If you’ve recently purchased a home in Brampton and are new to the city, maybe you aren’t quite sure what days the trash is collected and what the guidelines are to garbage day. The map above indicates the different regions of Brampton and what days correspond to trash removal.

What do you put on on garbage day?

• Remember to put your garbage, full blue boxes and grey boxes out at the curb by 7 a.m. on your collection day, but not before 7 p.m. the night before.
• For ease of collection, please keep your blue box, grey box and garbage separate at the curb.
• For safety reasons, do not include hazardous waste (i.e. paint, propane cylinders or motor oil) with your garbage.

What about special items?

Bulky Items – Place at curb for collection on normal collection day. No arrangement for pick up necessary

Large Appliances - Picked up by appointment only. Call the Region of Peel at 905-791-9499 to arrange for pick up

Christmas Trees - NO PLASTIC BAGS and free of tinsel, ornaments and tree stands

Remember, properly disposing of your waste both helps the environment and keeps Brampton beautiful for everyone!

For more detailed information of Peel Waste policies, click here.

If you’ve ever bought a home in Brampton or anywhere else in Ontario for that matter, you’ve probably paid a land transfer tax with your closing costs. But if you’re a new home buyer, you may not know what a land transfer tax is.

Essentially, when you purchase a home, the Province of Ontario will apply a special levy known as the land transfer tax. It is quite easy to calculate, and is based on the property value. You will pay:

Up to $55,000 X .5 % of total property value
From $55,000 to $250,000 X 1 % of total property value
From $250,000 to $400,000 X 1.5 % of total property value
From $400,000 up X 2 % of total property value

You can also click here to calculate your land transfer tax online.

The City Of Toronto has recently approved new land transfer taxes just for the municipality of Toronto that are set to take place on February 1, 2008.

The land transfer tax will work as follows:

• one-half of one per cent on the first $55,000 in property values
• one per cent on the next $345,000 in property values
• two per cent of the value residential units exceeding $400,000 for residential transactions
• one and a half per cent on the remaining value of up to $40 million and one per cent above that on commercial properties

A rebate of up to $3,725 will apply to first-time purchasers of homes. This means a full rebate for first time buyers of homes valued at $400,000 or less. If you would like more information on this, click here. You can also visit the City of Toronto’s Municipal Land Transfer Tax page.  These new taxes do not affect Brampton.

But no matter where you buy, keep in mind that you must pay this land transfer tax when you purchase a property, so remember to budget this tax in your closing costs so there are no surprises at the end!

The City of Brampton has two guidelines when it comes to parking.

1. You can not park on a street between the hours of 2am – 6am.
2. You can not park your car for more than a three hour period.

If you wish to apply for a parking consideration, you may do so online here instead of having to call in your plate number. The City Of Brampton will allow you to submit your information for a parking consideration and park your car up to 14 days in a one year period. Keep in mind that the overnight parking prohibition does not exclude the weekends, so if you’re visiting friends at a late hour or plan to stay over, make sure to sign up for that parking consideration!

So you’re looking to buy a home in Brampton with a separate basement apartment to lease out for extra income, but you have no clues as to the legalities of the basement. What exactly does “Vendor does not warrant retrofit status” mean? What issues do you need to be concerned about when purchasing a home with a basement apartment? Read on, and you shall find out!

What exactly defines a basement apartment?

A basement apartment is a self-contained apartment consisting of a room or rooms in a singe or semi-detached house and can be located in any part of the house, not necessarily in the basement. They have also been called granny flats, nanny suites, accessory apartments and second suites. In the City’s bylaw, they are referred to as a “residential unit”.

A self-contained apartment shall have a separate means of entry (which may be through another unit) a kitchen (or cooking area) and bathroom facilities. A self-contained apartment may be as small as a single room that contains all of the features listed.

However, if you rent a room in a house or a flat with a shared entrance, kitchen and bathroom facilities, this bylaw does not apply to you.

Are basement apartments legal in Brampton?

If you purchase a home in Brampton and the basement apartment was built after November 16, 1995, it is illegal. The only legal basement apartments in Brampton had to have been built prior to that date, and have had to been registered with the city before January 31, 2006 and/or have legal non-conforming status.

A single or semidetached registered home can only have one basement apartment. Homes that have been subdivided into more than two units are strictly prohibited unless the property has been specifically zoned to permit multiple units. It is extremely rare to find a house that has been zoned as a triplex!

What should I be watching out for when I am looking to buy a home with a basement apartment?

Lawyers or real estate agents such as myself can confirm the status of a basement apartment with the city in order to provide you with the right information.
Real Estate Agents are bound by code of conduct guidelines and must fully and fairly disclose all information about a property for sale. Homes with doubtful legal status are typically listed with the caution “Vendor does not warrant retrofit status”, and you may have to seek further legal advice before proceeding with the purchase of a home.

What are the risks of an illegal basement apartment?

• Increased Liability – The onus is on a homeowner to meet established standards for a second suite. If anything should happen, such as a fire, the homeowner would be held liable due to failure to meet requirements.
• Loss of Insurance Coverage – Having a rental unit in your home is a material change to your home. Non-disclosure of this change of use may in fact make your coverage null and void.
• Limited recover of damage – An insurance policy is not responsible for rebuilding costs related to meeting current established standards. Your insurance company is only required to cover the costs of fixing your home back to the state that existed at the time your policy was made prior to any damage.
• Prosecution – If you do not meet City codes it means that you are breaking the law. You run the risk of being charged and can face fines with a maximum penalty of $50,000 and/or a year of imprisonment on each count.
• Financing – Income from an unauthorized basement apartment is generally not considered when qualifying for a mortgage loan.
• Tenants – You are a landlord. You are obliged to maintain your basement apartment in good operating order and you must follow all fire safety laws. Tenants may apply for rent reduction where the unit fails to meet the prescribed municipal health, safety, maintenance and property standards.
• Tenant Insurance – Your homeowner’s policy will not cover property owned by a tenant.

Can I legally convert vacant space in my home into a basement apartment?

NO! The City’s zoning by-law does not permit new basement apartments. If the basement apartment did not exist in your home prior to November 16, 1995, a home in Brampton cannot be legally converted. Furthermore, any home built after 1995 can never have an existing legal basement apartment.

In order to permit a new basement apartment, the Zoning By-law would have to be changed. Changing the Zoning By-law requires the submission of a Zoning Amendment application and fee ($7759.00) to the City’s Planning, Design and Development Department.

For more information on basement apartments in Brampton, you can visit the City Of Brampton’s website.

This is a question I often get asked by homeowners looking to make renovations to their homes. It’s important to keep building permits in mind when you’re either looking to buy real estate or sell your home, as it may affect the house values as well as incur legal issues. So when do you require a building permit?

The Ontario Building Code Act requires that a building permit be obtained for the construction of an addition or alteration of any structure which results in a building area of more than 10 m² (108 square feet). It is illegal to construct or demolish without first obtaining a permit.

You will need a building permit if you do any of the following:

• construct a new building
• renovate, repair, or add to a building
• demolish or remove all or a portion of a building
• change a building’s use
• install, change or remove portions and load-bearing walls
• make new openings for, or change the size of, doors and windows
• build a garage, balcony or deck
• excavate a basement or construct a foundation
• install or modify heating, plumbing, air conditioning systems or fireplaces
• reconstruct a chimney

You do not need a building permit for the following:

• replace existing, same-size doors and windows, subject to distance from property lines
• install siding on small residential buildings, subject to distance from property lines
• build a roofless deck under two feet (0.61 metres) that is not attached to a building
• build a utility shed under 10 m² (108 square feet)
• reshingle a roof, provided there is no structural work (asphalt roof shingling only)
• install eavestroughs, provided that drainage is contained on your property
• replace or increase insulation, dry-wall or plaster
• damp-proof basements
• paint or decorate
• install kitchen or bathroom cupboards without plumbing
• erect a fence (except for swimming pools – outside pools require permits)
• replace existing forced air furnace (no duct work or venting alterations)
• electrical work (the Electrical Safety Authority, however, must inspect electrical installations)

What happens if you do not get a permit?

If you start construction but do not have the necessary permits, you may be ordered to stop work, you may be prosecuted and you may even be ordered to remove work already done. Contact the Building Division – Permits Section at 905-874-2401 if you are not sure if you need a permit for your project.