Permits, plans review and inspections in Canada

A building permit is the legal permission to build. It is issued after a public official has reviewed the drawings and is satisfied that the proposed work complies with the building code and other applicable law. The permit is followed by inspections at key stages of construction and, at the end, by permission to occupy. For a construction manager, the permit process is a critical path activity: no permit, no start; a failed inspection, no cover-up; no occupancy permission, no handover. This lesson walks through the process from application to occupancy, explains who does what, and shows how to plan permits into the schedule.

Although each province sets the legal framework and each municipality runs its own process, the steps are similar across Canada. The examples here draw on Ontario's Building Code Act, 1992 and its Division C administrative rules, with notes on other provinces.

When a permit is needed

Most construction, demolition, alteration, change of use and installation of building systems needs a building permit. In Ontario, section 8 of the Building Code Act says no person shall construct or demolish a building without a permit issued by the chief building official, and Division C of the code lists small works that are exempt, such as many small sheds under a stated area. Other provinces have similar exemptions for minor work, decks below a stated height and like-for-like repairs, but the thresholds differ and municipalities may set their own within the provincial framework. A change of use that increases the hazard, such as converting an office to a restaurant, generally needs a permit even when no construction is involved, because occupancy affects exits, fire separations and plumbing.

Separate permits are commonly required for demolition, plumbing, heating and ventilation, electrical work, signs, fire alarm and sprinkler systems, elevators, temporary structures such as tents and hoarding over sidewalks, and work in the public road allowance. The construction manager's permit list should identify each permit, the authority that issues it, who applies (owner, designer or trade contractor) and how long review normally takes.

The application package

A permit application must show enough information for the reviewer to determine compliance. A typical commercial application includes the following.

• Application form, owner's authorization and proof of ownership or agency.
• Site plan showing property lines, setbacks, grades, parking, access for fire fighting and existing and proposed buildings.
• Architectural drawings with a code analysis: occupancy, building area and height, construction type, sprinklers, fire separations, exits and accessibility.
• Structural, mechanical, plumbing, electrical and fire protection drawings, with design loads and calculations where required.
• Energy compliance documentation using the prescriptive, trade-off or performance path.
• Professional seals or design commitments from the architect and engineers, and the general review commitment where required.
• Approvals from other agencies, such as zoning approval, conservation authority or flood plain permits, health unit approval for food premises and utility approvals.

In Ontario, applications must include a schedule identifying the designers and their BCIN or professional registration, and the chief building official must issue or refuse the permit within prescribed time frames once a complete application is received: for example 10 business days for a house and 15, 20 or 30 business days for larger buildings depending on the category. The Act also defines applicable law, a list of other statutes and by-laws, such as the zoning by-law and the Conservation Authorities Act, that must be satisfied before a permit can be issued.

Plans review

Plans review is the official's check of the design against the code. Reviewers work through the same questions as the designer: occupancy, size and construction type, fire separations, egress, fire protection, accessibility, structure, envelope and energy, plumbing and mechanical. They issue comments, sometimes called deficiency letters or correction notices, listing items that are missing or do not comply. The designers respond with revised drawings or explanations, and the cycle repeats until the reviewer is satisfied.

Comment cycles are where schedules slip. A permit that takes three weeks on paper may take three months if the first submission is incomplete and each resubmission waits in a queue. Construction managers reduce the risk by holding a pre-application meeting with the building department, checking the application for completeness against the department's checklist before it is filed, tracking every comment in a log with a responsible person and due date, and pushing designers to respond to all comments in one resubmission rather than piecemeal.

Phased, conditional and partial permits

Large projects often cannot wait for a full permit before starting. Many Canadian municipalities issue permits in phases, such as excavation and shoring, foundations, structure and full building, as each part of the design is completed. Ontario's Building Code Act also allows a conditional permit under section 8(3) when the applicant agrees in writing to assume all risk, obtain the remaining approvals and remove the work if the full permit is not issued. Conditional permits are useful but risky: if zoning approval or a later review fails, the owner may have to undo work at its own cost.

Phasing the permit is a schedule tool, but it adds coordination work. Each phase must be designed far enough ahead to be reviewed, and a design change in a later phase can affect work already built. A construction manager should agree a permit phasing plan with the owner and designers at the start of design, not when the foundations are due to start.

Inspections

The building official inspects work at stages set by the provincial code and local practice. In Ontario, Division C requires the permit holder to notify the chief building official at prescribed stages, including readiness to construct footings, substantial completion of footings and foundations before backfilling, substantial completion of structural framing and ductwork and piping before covering, insulation and vapour barrier before covering, plumbing before covering, completion of fire separations and closures and of fire protection systems, and completion of the building before occupancy. The inspector must inspect within two business days of notice for most stages. Other provinces have similar stage lists, and municipalities may add their own.

Work covered before inspection may have to be uncovered at the contractor's cost. The superintendent's look-ahead schedule should show every inspection hold point, and trades must know not to close up walls or backfill until the inspector has signed off. Keep inspection records, including photographs and inspector notes, in the project file.

General review and professional responsibility

Building inspectors check samples of work at stages; they do not supervise construction. For larger buildings, the provincial codes require the architect and engineers who designed the building to carry out general review during construction, observing the work at appropriate intervals to determine whether it substantially conforms to the design. In Ontario, Division C requires general review by an architect and/or engineer for buildings that need professional design, and the designers must provide reports to the chief building official. Testing agencies, such as concrete and soils laboratories, add independent verification. The construction manager coordinates access for reviewers, tracks their field reports and closes out every deficiency they raise.

Occupancy permits and final approval

Before a building can be occupied, the chief building official must be satisfied that it is safe for occupancy. In Ontario, Division C sets out the conditions for occupying a building before it is complete, such as completion of structure, exits, fire separations, fire alarm and sprinkler systems, required plumbing and heating, and the fire safety plan, and requires an occupancy permit for new buildings and partial occupancy permits for buildings occupied in stages. Other provinces require similar occupancy permits or final inspections. Fire departments often check fire protection systems, fire safety plans and access before occupancy, and electrical and elevator authorities must also give their approvals.

Plan for occupancy from the start. The final weeks before handover are often lost to a long list of small items: a missing exit sign, an incomplete firestop, a fire alarm verification report not yet delivered, accessible washroom grab bars at the wrong height. A pre-final walk-through with the inspector, a dedicated close-out log and early collection of verification and testing reports are the best defence.

Orders, stop-work and enforcement

Building officials have enforcement powers. In Ontario they can issue an order to comply when work contravenes the Act or code, a stop-work order under section 14 when work proceeds without a permit or contrary to an order, and unsafe-building orders when a building is dangerous. Contravening the Act can lead to prosecution; a corporation can be fined up to $500,000 for a first offence and $1,500,000 for subsequent offences. Other provinces give officials similar powers. Orders may be appealed to the courts, and technical disputes in Ontario may go to the Building Code Commission.

For a construction manager, a stop-work order is a serious schedule and cost event, and it is almost always avoidable. It usually follows work started without a permit, deviation from approved drawings without approval, failure to call for inspections, or unsafe conditions. Keep approved drawings on site, route design changes through the designers and the building department, and maintain a respectful working relationship with inspectors.

Fees and the cost of permitting

Municipalities set building permit fees by by-law, typically as a rate per square metre of floor area for each building class, with minimum fees and separate fees for demolition, plumbing and other permits. Ontario's Building Code Act requires fees not to exceed the anticipated reasonable costs of administering and enforcing the Act. Development charges, parkland dedication and other planning fees are separate and often much larger.