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Built without a permit? What to do about an order to comply

What happens when work was done without a building permit in Ontario, what an order to comply means, and the practical steps to legalize the work.

By the KS Designers teamUpdated November 20266 min read
City plan-examiner comments next to a revised floor plan
THE SHORT ANSWER

If work was done without a required permit, the city can issue an order requiring you to get a permit, stop work, or make the work comply. The usual fix is to have the existing work measured, prepare drawings, apply for a permit after the fact, and open up anything inspectors need to see.

How it usually comes up

Unpermitted work is often found after a neighbour complaint, a tenant call, a home sale or an insurance claim. Sometimes the owner did not know a permit was needed; sometimes a previous owner or contractor skipped it.

What an order means

An order to comply or a stop work order is the municipality telling you the work does not meet the Building Code Act or Building Code and setting out what must be done. Orders have deadlines. Ignoring them can lead to prosecution, and fines under the Building Code Act can be significant. Read the order carefully and act before the date on it.

How to legalize the work

  1. Gather what you have: the order, photos, any receipts or old drawings
  2. Have a designer measure and document what was built
  3. Check zoning, since some issues need a minor variance
  4. Prepare permit drawings showing the existing work and any changes needed to meet code
  5. Apply for the permit and tell the city it relates to the order
  6. Open up walls or ceilings where inspectors ask, and fix what does not meet code
  7. Pass the inspections so the permit and the order can be closed

Common problems we see

  • Basement units without fire separation or interconnected smoke alarms
  • Bedrooms without a proper escape window
  • Walls removed without a properly sized beam
  • Decks and porches with shallow footings or low guards
  • Plumbing added without proper venting

Why fixing it is worth it

A closed permit removes the order, protects your sale or refinance, and most importantly confirms the space is safe for the people who live in it.

Questions people ask us

Can I get a permit after the work is done?

Often, yes. You apply with drawings of what exists, and the city inspects. Some work may need to be opened up or changed.

Will I have to tear it all out?

Not usually. Most of the time the work can stay, with targeted fixes where it does not meet code.

Can you talk to the city for me?

We prepare the drawings and application and respond to the examiner on your behalf.

This guide is general information for Ontario and is not legal advice. Building Code requirements, zoning bylaws and city processes change and vary by municipality, so confirm the details for your property with your municipality or a qualified designer before you build.

SERVICES FOR THIS PROJECT

How KS can help

Permit application & city commentsWe submit and answer the city.View service → As-built & PDF to CADMeasured drawings and conversions.View service → Basement apartment permitLegal second units, new or existing.View service → Structural drawingsBeams, foundations, framing, reports.View service →

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