Renovating by the rules

You’re planning renovation work or upgrades to your property – an exciting project towards creating your dream home and one that will undoubtedly add to the value of your property. But did you know that a lot of renovation work is subject to many rules and regulations applied by authorities at national, provincial and municipal level?

The Building Code, building regulations, construction permits, renovation permits, municipal bylaws… you’ll need to check out their requirements so that the choices you make comply with quality and safety standards and ensure you maintain good relations with your neighbours.
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The National Building Code
Provincial codes
Municipal bylaws
How to obtain a permit

The National Building Code

Drawn up by specialists at the Canadian Commission on Building Codes and published by the National Research Council Canada, the National Building Code and its complements – the National Fire Code and the National Plumbing Code – lay down the guidelines and minimum requirements with respect to construction, demolition or renovation of property. Their aim is to ensure occupants’ safety, as well as ensuring that constructions are sanitary, and structurally sound.
    The scope of the National Building Code
    The National Building Code is a model code and a reference document. To have the force of law, it must have been adopted, either as it stands or with additions, exemptions or modifications, by a competent authority such as a provincial, territorial or municipal government.

    The Code covers several domains, including safety, technical installations and plumbing, structural analyses, hazardous materials and activities, and energy efficiency. In 2005, it was revised to incorporate the technological progress that had been made since the previous edition in 1995. It deals with all types of construction, but contains one section entirely devoted to residential construction and renovation. Since this section of the Code includes a number of complex elements targeting readers with more professional knowledge, it is accompanied by a user guide, which makes it easier to understand and to apply.

    A useful guide
    While ownership of a property gives us relative freedom to design our space, certain safety rules do have to be observed. This is why the Building Code exists - to limit the risks of injury or ill health due to construction defects. In other words, it aims to prevent the occurrence of major problems which could cause bodily injury or harm the health of people using a building. It acts as a kind of "quality assurance".

Provincial codes

Provincial construction laws are inspired largely by, if not taken directly from, the National Building Code. They apply to apartment buildings, lodging houses with more than 10 units, two- or more storey condos, and public buildings. Regulations and legislation governing residential construction fall under municipal jurisdiction.

Municipal bylaws

Municipal bylaws governing residential construction and renovation are much more than just a means of monitoring residents’ activities and setting taxes. In fact, municipal regulations exist mainly for ensuring that the work you carry out does not impact on city infrastructure, such as sewage and water systems, on public services like telephone or electricity lines, or on your neighbour’s property. They also provide protection: protection against building work that does not comply with minimum health, safety and quality standards, protection against the risk of damage to neighbouring houses or land, and protection against possible legal action by new occupants of your house when you sell.

    Permit or no permit?
    Before you launch yourself into your project and start investing time, money and energy in it, think seriously about what is involved. Once you have a clear idea of what you want to do, contact the various authorities concerned to get more information. Aside from a few slight differences, bylaws and regulations are often the same from one municipality to another.

    For work on the outside of your home, you will need a permit if you want to add a residential accessory building such as an annex, garage, garden shed of more than 15 m2, a solarium or sunroom, or if you are carrying out major work such as re-siding.
    Septic installations and in-ground pools require a permit. If you choose an above-ground pool, you should nevertheless check the regulations in your municipality to find out if a permit is necessary and whether there are rules governing the location, size and height of the pool. One thing is certain: wherever you live, you are obliged to install a fence around the pool with a locking gate.

    In some areas, there are restrictions on the location, size and height of decks and terraces. Check local requirements with your municipal authority before starting the work.

    You may need a permit to replace windows, especially if you want to enlarge them. Also, most municipalities require that certain conditions be met with respect to the distance between windows and the exterior wall of the neighbouring property.

    Finally, if you live in a historic or heritage property, you will have to abide by specific regulations for protecting a building’s character and safeguarding certain architectural features.

    Installing fences, hedges or temporary carports, repairing and maintaining balconies and staircases, or redoing driveways do not generally require a permit. However, the location, height, size and layout of these installations may be subject to certain restrictions. Look on your local authority’s website or go to the town hall to get the information you need to ensure that your plans conform to legal specifications.

    Inside the house, you will need a permit for major work such as building, moving or pulling down a wall. There are no restrictions, however, on re-plastering walls or replacing drywall.
    As long as the existing plumbing configuration remains untouched, a permit is not required for replacing or repairing kitchen and bathroom cabinets or sinks. Work involving electricity, natural gas or plumbing, including the replacement of sanitary fittings, does not generally require special authorization; however, it must be carried out by a recognized member of a professional corporation. Furthermore, these specialists must declare their work to the Régie du bâtiment (in Québec) or equivalent provincial building authority.
    Hiring a specialist
    Whether you do the work yourself or hire a contractor or specialist, you must abide by all the regulations applied by your municipality, including obtaining a permit when necessary.

    Before signing a contract with a specialist, it is always wise to obtain written quotes or estimates and to check with the provincial building authority that the company is registered and that its activities are in order. Note that it is the employers themselves, rather than the client, who are responsible for checking the competency cards of their construction workers.

How to obtain a permit

For information on your rights and obligations regarding construction, you can approach the department at your town hall or municipal offices responsible for issuing permits and ensuring compliance with bylaws.
Depending on the work planned, you will need to provide your estimates, plans, quotes or certificate of location to support your project and to enable the authorities to check that it complies with local regulations aesthetically, and as regards health and safety standards. It might be a good idea to contact your local town planning office before you go, to find out exactly which documents you will need to provide for assessment of your application. The permit is usually issued by a building inspector employed by the municipality, whose job it is to check, during the work and after its completion, that the installations comply with the approved plans and respect the city’s bylaws.

The costs and time required to issue the permit will vary according to the scale of the work to be carried out. For less extensive work, a permit can sometimes be issued on the spot. Major work will require a more detailed assessment, however, in which case it will take a few days, or even weeks, to issue a permit, according to the municipality and its workload.
Taking the time to ensure your projects comply with local regulations is a necessary step when planning upgrades and repairs. Proper plans, drawn to municipal requirements and approved by professional experts, will put you on the right track to carrying out safe, good-quality renovation work.
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