What is it?
A building permit is the city’s written permission to do a construction job. Section 8 of Ontario’s Building Code Act, 1992 says no one may construct or demolish a building until the chief building official has issued a permit.
When you apply, the city reviews your drawings against the Ontario Building Code, zoning (land-use rules) and other laws. The Act says the permit must be issued if the work complies, and must be refused if it would break zoning or any other applicable law.
The permit is only the start. City inspectors check the work at set stages, and the permit is "closed" only after the final inspection passes.
Which jobs need one?
These are common examples from the City of Toronto. The list is not complete; if unsure, ask Toronto Building (416-397-5330).
| Usually needs a permit | Usually does not |
|---|---|
| New building; addition (second or third storey, garage, sunroom, porch, deck) | Replacing roofing with no structural work; adding insulation |
| Adding or removing walls; new windows or doors, or enlarging existing ones | Replacing a window or door in the same opening and size in a detached, semi or row house |
| Finishing a basement when it involves structure, plumbing or heating, a basement entrance, or adding a second suite | Finishing a basement with no structural or plumbing changes and no new unit; basement waterproofing; cabinets |
| A deck more than 60 cm (24 inches) above the ground | A deck 60 cm or lower that is not a required exit |
| A shed of 15 m² (161 sq ft) or more; an accessory building over 10 m² (107 sq ft) such as a detached garage or workshop; any accessory building with plumbing or attached to the house | A one-storey shed under 15 m² that is not attached and has no plumbing |
| Installing a fireplace, chimney or wood stove; installing or changing heating or plumbing; a backwater valve | Replacing a furnace or hot water tank; repairing or replacing plumbing fixtures; a sump pump |
| Changing a building’s use (for example a single-unit house to a multi-unit house). A permit is needed even with no construction |
Work that needs no permit must still comply with zoning. The Act also requires a permit when a change of use increases the hazard, even with no construction (Building Code Act s. 10).
Step by step
- Check zoning: make sure the plan complies with zoning. If not, you need a minor variance (a small exception) before a permit can be issued.
- Apply: follow the application guide for your type of project and submit drawings, forms and fees. Toronto takes applications online.
- Review: a city examiner checks the plans against the Building Code, zoning and other laws. If something is missing, you get a notice and respond.
- Permit issued: start the work only after you have the permit.
- Stage inspections: book an inspection at each required stage (footings, framing, insulation, plumbing and so on). Do not cover work before it is inspected.
- Final inspection and closing: when the work is done, book the final inspection to close the permit. Toronto says owners are required to schedule a final inspection to close the permit.
What is an open permit?
An open permit is one that was issued but never closed: the work was never started, was started and abandoned, or was finished but never inspected. A permit stays open until every required inspection is complete.
Toronto treats a permit with no inspection for 18 months or more as dormant. If a permit is more than 18 months old and no inspection has ever been requested, the City sends a Notice of Intention to Revoke. The notice does not mean the permit is already revoked. But if you do not request an inspection by the date in the letter and show that the work has really started, the permit will be revoked. To start or resume the work after that, you must apply for a new permit and pay the fees again, and work already done under the revoked permit may be treated as a violation of the Building Code Act and the Toronto Municipal Code.
Why it matters when you buy: the City says open permits may delay or complicate real estate transactions, that buyers and lenders may require proof the work was completed and inspected, and that a lawyer may advise against buying. And a permit taken out by a previous owner becomes the current registered owner’s responsibility to close.
What if work was done without a permit?
- Toronto charges a "work without permit" administrative fee on work that started without one: an extra 50 percent of the permit fees for the project, with minimum and maximum amounts the City updates from time to time.
- All work must stop while the application is processed, and you may have to undo finished work or do extra structural or mechanical work.
- An inspector who finds a contravention can issue an order to comply (Building Code Act s. 12), and the order can be registered on title. Anyone who buys the land after registration is deemed to have been served with the order (s. 12 (6)). In other words, a previous owner’s violation becomes yours.
- Breaking the Act is an offence under Ontario law (a provincial offence, not a criminal one). On conviction, a person can be fined up to $50,000 for a first offence and up to $100,000 for a later one (s. 36 (3)). For a corporation the maximum is $500,000 for a first offence and $1,500,000 for a later one (s. 36 (4)).
- Even if a contractor told you no permit was needed, the owner pays the fees and penalties. The City says so explicitly.
- It can cause problems when you sell or make an insurance claim. An unpermitted basement unit also affects tenant safety and fire insurance.
How do buyers check?
- Ask the seller: request the permits and final inspection records for additions, basement finishing, decks and added units. "Newly renovated" in a listing does not mean permitted.
- City records: Toronto’s Building Permit Application & Inspection Status site shows permits and inspection status for applications up to 10 years old.
- Property Information Report: a report your lawyer orders from the city, also called a "property compliance letter" in Toronto. It lists issued permits, inspection status and outstanding orders under the Building Code, the Zoning By-law and the Property Standards By-law. From January 1, 2026 the fee is $214.79 and it takes about five business days.
- Home inspection: if the inspector flags work that looks unpermitted (a removed bearing wall, rough plumbing), match it against the city records.
- The contract: if there is an open permit or an order, your lawyer sends a requisition asking the seller to close or fix it before closing. You can also write a condition into the offer that all permits be closed before closing.
- Title insurance: some policies cover loss from unpermitted work or orders you did not know about when you bought. Coverage varies by policy, so ask your lawyer.
Example
You are buying a North York bungalow with a finished basement unit. Your lawyer orders a Property Information Report and finds a permit issued in 2019 for a "basement renovation" that is still open with no final inspection. There is no permit on file for the unit itself.
Your lawyer sends a requisition asking the seller to close the permit before closing and to explain the status of the unit. The seller books a final inspection; the inspector finds that the unit’s entrance and plumbing go beyond the permitted scope and issues an order to comply. The two sides adjust the price and move the closing date so the corrective work and re-inspection can be finished first.
Condos and new builds
Work inside a condo unit that touches structure, plumbing or heating needs a city permit, and separately the condo corporation’s approval. Common elements (pipes inside walls, balconies) belong to the corporation, so often you cannot change them at all.
A builder of new homes must hold an HCRA (Home Construction Regulatory Authority) licence. The Act says a permit must not be issued to an unlicensed builder or vendor (s. 8 (2) (b)). For a pre-construction home, your lawyer checks the permit history and occupancy before closing.
Toronto offers pre-approved standard plans for garden suites, laneway suites and multiplexes to shorten the permit process.
What to watch out for
- A permit with no final inspection is still an open permit. Look at the inspection record, not just the permit.
- A previous owner’s open permits and registered orders become your responsibility when you buy.
- A basement unit without a permit can be illegal even where zoning allows one. With a tenant in place the problem is bigger.
- Rules and fees differ by city. Outside Toronto, check with that city’s building department.
- If you plan a renovation, check permit feasibility and zoning before you make an offer, and remember that you, not the contractor, are responsible for the permit.
What the law and official sources say
Quotes are copied word for word. The "In plain words" lines are our explanation, not an official translation.
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.In plain wordsNo one may build or demolish a building, or have someone else do it, until the chief building official has issued a permit.
Source: ontario.ca/laws/statute/92b23 · checked Oct 30, 2026
Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official.In plain wordsEven with no construction, changing how a building is used (for example from one unit to several) needs a permit if the change raises the hazard.
Source: ontario.ca/laws/statute/92b23 · checked Oct 30, 2026
If an order made under subsection (2) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.In plain wordsIf an inspector’s order is registered on title, anyone who buys the land afterwards is treated as having received the order. The previous owner’s violation becomes the buyer’s problem.
Source: ontario.ca/laws/statute/92b23 · checked Oct 30, 2026
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. … If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $500,000 for a first offence and $1,500,000 for a subsequent offence and not as provided in subsection (3).In plain wordsA person convicted under the Act can be fined up to $50,000 for a first offence and up to $100,000 for a later one. A corporation (a company) can be fined up to $500,000 for a first offence and up to $1,500,000 for a later one.
Source: ontario.ca/laws/statute/92b23 · checked Oct 30, 2026
Under the Building Code Act, a building permit is required for the construction and/or demolition of a new building, an addition, or material alteration of any building or structure.In plain wordsA building permit is needed for a new building, an addition, a material alteration of any building or structure, or a demolition.
Source: toronto.ca/services-payments/building-construction/building-permit/before-you-apply-for-a-building-permit/when-do-i-need-a-building-permit/ · checked Oct 30, 2026
A “work without permit” administrative fee. This is an additional fee equal to 50 percent of the permit fees for the project.In plain wordsWork started without a permit carries an extra administrative fee equal to 50 percent of the project’s permit fees.
Source: toronto.ca/services-payments/building-construction/building-permit/after-you-apply-for-a-building-permit/building-inspections/working-without-a-permit/ · checked Oct 30, 2026
As the current property owner, you are responsible for any outstanding permits. You must confirm with Toronto Building whether any work was completed under the permit.In plain wordsEven if a previous owner took out the permit, the current owner is responsible for closing it and must confirm with the city what work was done under it.
Source: toronto.ca/services-payments/building-construction/building-permit/after-you-apply-for-a-building-permit/building-inspections/closing-building-permits/ · checked Oct 31, 2026
Common questions
Do I need a permit just to finish a basement?
In Toronto, usually not if there is no structural change, no new plumbing and no new unit. You do need one to remove walls, add a bathroom or create a unit. If unsure, ask the city before you start.
Should I avoid a home with an open permit?
You can still buy it, but it is safest to have the permit closed before closing. The City says open permits can delay a sale and a lawyer may advise against buying. Because a previous owner’s permit becomes yours once you own the home, deal with it through a requisition or an offer condition.
The seller did work without a permit. Will I pay the fine?
Fines go to the person who broke the law, but a registered order binds later owners and the current owner must fix the problem. You may have to undo or redo the work, so check with a Property Information Report before you buy.
Who orders the Property Information Report?
Usually your lawyer, before closing. In Toronto it costs $214.79 as of January 1, 2026 and takes about five business days. It shows the zoning designation, permits, inspection status and outstanding orders, but it does not explain permitted uses.
Does having a permit mean the work is legal?
A permit is permission to start. The job is finished only when the stage inspections and the final inspection pass and the permit is closed. A permit with no inspections is an open permit, and the city can order corrections.
Guides that use this term
Sources checked
- Building Code Act, 1992, S.O. 1992, c. 23, ss. 8, 10, 12, 36 (e-Laws) · checked Oct 30, 2026
- City of Toronto, When Do I Need a Building Permit? · checked Oct 30, 2026
- City of Toronto, Working Without a Permit · checked Oct 30, 2026
- City of Toronto, Closing Building Permits · checked Oct 31, 2026
- City of Toronto, Property Information Report · checked Oct 30, 2026
- City of Toronto, Building Permit Application & Inspection Status · checked Oct 30, 2026
- City of Toronto, Building Inspections · checked Oct 30, 2026