About Occupancy Permits
What is an Occupancy Permit?
When is it issued?An "Occupancy Permit" is issued in accordance with the Building By-law. The Building Code Act does not require a "permit" to be issued, only that occupancy not occur until the builder/permit holder has completed construction to the extent that the new construction or addition meets the minimum occupancy requirements set out in the Code. The "minimum occupancy requirements" for a single-family residence include:
Who gets the Occupancy Permit?The Occupancy Permit is issued to the permit holder, who is the builder. The homeowner can obtain a copy either by requesting the builder provide such prior to or at closing of the purchase transaction, or by applying to the City for a copy for a fee. There are two kinds of Occupancy Permits: Partial Occupancy Permits and Final Occupancy Permits. A Partial Occupancy Permit is issued where the permit holder wishes to allow occupancy to occur in an unfinished building. For a residential occupancy, the above minimum occupancy requirements apply. A Final Occupancy Permit is issued when construction is complete and all outstanding Code deficiencies as listed in Inspection Reports have been addressed. What about townhouse blocks?Where a residence is a unit in a townhouse block, all units must be complete and pass all inspections in order for a Final Occupancy Permit to issue to each unit. The reason for this is that one building permit is issued for the townhouse block, as at the time of the issuance of the building permit, there is only one building located on one lot of record. The units are then constructed and severed from each other just prior to the transfer of title of the first unit to allow for separate ownership. This severance, however, does not affect the status of the building permit. Thus, if there are any deficiencies in one unit with the remaining ones complete and without deficiencies noted in Inspection Reports, only a Partial Occupancy Permit can be issued to each unit given the minimum standards have been met (see above). The Building Official will issue a Partial Occupancy Permit for each unit, as requested by the builder, to permit occupancy whilst the remaining deficiencies are addressed. The Final Occupancy Permit will remain outstanding until all work associated with the entire block is completed. The above also applies to units of semi-detached residences. What can a prospective buyer do to obtain confirmation that an Occupancy Permit has been “issued”?It is recommended that a purchaser direct his/her solicitor to request from the vendor's solicitor confirmation of the property's status with respect to the Ontario Building Code and such applicable laws as the Zoning By-law, prior to the transfer of the property. The information provides your solicitor information to assess the risk from any deficiency and counsel you on the probable outcomes. If the builder fails to complete the outstanding work so that a Final Occupancy Permit cannot be issued, what action would the City take to bring the home into compliance?The City will make every effort to require the builder to address the noted deficiencies. However, the Ontario Building Code assigns responsibility to ensure compliance to the property owner. Prior to the transfer of title, this is the builder. Following transfer of title, the person responsible is the homeowner. Thus, technically, where a builder fails to rectify deficiencies following transfer of title, the City could pursue matters with the homeowner. In essence, the City could issue Orders to the homeowner particularly where the deficiencies are significant. The City reviews such situations on a case-by-case basis. For additional information, please refer to our Homeowner's Guide to Small Projects.
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