Conditional Building Permit in Toronto: Application Guide and Requirements & Process

A Conditional Permit (CP) is a building permit issued where all the approvals were not received. CPs are used for major development applications. CP is issued by the Chief Building Official (CBO). The applicant has to show the evidence and prove that pending law approvals are causing construction delays. One must understand that a conditional permit is neither a 5G system nor it ensures whether the public fitness and safety measures are met. Before a conditional building permit application, one has to request a CP in writing. Further, the supporting documents and written requests are to be validated to make sure that the development application fulfils all the benchmarks for the issuance of CP. The Conditional Permit application guide will be used for reference only. It does not have a comprehensive criteria list and did not restrict the preference (Building Code Act, 1992) of the CBO in taking a decision on whether or not to publish a CP.

What are the Primary Requirements of a Conditional Permit?

Step 1: To start discussions with the City’s Plan Review staff about the pros of a conditional permit - connect with the Manager of Plan Examination in the Toronto Building District. There he will propose what is the location of the development project and when to begin the process.

Step 2:

• Make sure that your written request has the following information.
• Complete information explaining the circumstances of the delays construction will face if the CP is not issued.
• About the scope of the construction in the project.
• All the applicable laws that are not met as per the Ontario Building Code.
• All the steps which are taken to solve all the pending laws and the required time to obtain these approvals.
• A complete updated schedule of the project. Make sure to attach a letter from the general contractor to confirm the capabilities of carrying out construction as per the schedule.
• Other documents that are required to show the causes behind construction delays if you didn't receive CP.
• Proof that all the requirements are met.

Step 3: By following a review of the written request, the Plan Review Manager will let the owner know whether their CP application has been accepted or not.

Step 4: If you have been suggested that your CP application can be accepted, then complete and file a Building Permit Application Form for the CP.

How to Request & Apply for a Conditional Permit?

To request and apply for a Conditional Permit, you must follow the steps mentioned below:

Step One: You can start discussing the City's plan to review staff about the excellence of inviting a conditional building permit. To begin the process, you should interact with the Manager of the Plan Examination in the Toronto Building District. It is the place where the suggested development project is located to begin the procedure.

Step Two: You have to submit a request in writing for a conditional building permit. Ensure that your written request must include:

• Enough material to describe any circumstance and why an unacceptable delay in the construction will take place  if CP is not provided.
• Write the scope of the construction project.
• Evidence that all the requirements are fulfilled.
• The applicable law(s) from the Ontario Building Code is not satisfied yet.
• Steps to fix the outstanding applicable law(s) and the time to obtain such approvals.
• All the latest updates about the project's construction schedule. To be supported by a letter from the general contractor. This letter will prove the capacity to carry out the construction as per the schedule.
• Other documentation demonstrates unreasonable delay to occur if CP is not issued.

Step Three: After the review of your written request, the Plan Review Manager will inform the owner whether the CP application can be accepted or not.

Step Four: If you are told that your CP application will be allowed, fill out and submit a Building Permit Application Form PDF for the CP.

Reviewing Conditional Permit Applications

Conditions:

• Unreasonable Delay: The CBO must believe that if the CP is not given, the construction would be significantly delayed.
• Consideration of Comments: The CBO will evaluate the comments and suggestions from Toronto Water, City Planning, and other relevant divisions/agencies, which may result in the CP request being denied or certain limitations being included in the CP agreement.
• Conditional Permit Agreement: The applicant must sign a CP agreement, taking all risks associated with operating without a building permit, as well as the removal of any construction under the CP and the restoration of the site to its prior condition if a building permit is not acquired.
• Timeframes: The CP agreement will specify a six-month timetable for the owner to get all remaining clearances, a 60-day deadline for the planned construction under the CP to begin seriously, and any additional criteria, such as a timeframe for achieving grade, if appropriate.
• Title: At the owner's expense, a CP agreement may be needed to be recorded on the title to the property.
• Fees: Before a CP may be granted, all relevant payments, including CP costs, must be made.
• Reasons for Rejection: The CBO may decline a CP request for any reason and is forbidden from providing a CP unless paragraph 8(3) of the Building Code Act, 1992, is fulfilled. The CBO's decision to issue or not issue a CP is final, and no appeal is permitted.

Denial of a CP might be caused by the following factors:

• Work without permission: Construction began without the necessary permit.
• Failure to comply: Failure to meet the standards of a previous CP for a previous stage of construction.
• Compliance with Zoning: The project does not comply with the appropriate zoning.
• Compliance with Applicable Law: The proposal does not conform with the list of "applicable laws" that apply to CP requests. The owner has not made reasonable attempts to secure the necessary legal clearances.
• No excessive delays: The CBO believes that if the CP is not given, unacceptable delays in construction will ensue.
• Site restoration: There may be challenges in recovering the site if the necessary approvals for a construction permit are not secured.
• Payment: The required fees have not been paid.
• CP Agreement: The applicant failed to engage in a CP agreement in accordance with the provisions of the Building Code Act of 1992 and the CBO.

What is the Processing Time of CP?

The processing time for a conditional permit is 30 days. Demands for CPs will not be accepted if they are made within 30 days of an expected rise in the city's development charges or educational development charges rates. Further, a notice of the scheduled rate increase will be updated on the web page of Development Charges.

What is Conditional Permit Monitoring?

Your work will be monitored on a routine basis by Toronto Building Inspection Services. The inspection services include an inquiry into site conditions, relating to CPs and also include the following:

Site conditions: The site conditions will be confirmed as provided by the applicant and set out in the request letter.

Construction Status: To confirm whether the construction is complete for:

• Previously issued Conditional Building permit, and
• Other primary site work is needed before the building under the conditional building permit can begin.

Timeframes:  The construction authorised by a CP has started within sixty days of CP agreement execution. Targets: The construction has completed some targets in conformity with the CP agreement.

What do you mean by Conditional Permit Enforcement?

Construction projects permitted under a CP are vulnerable to revocation if the provisions of the CP agreement are not satisfied. The terms are:

• Completing all pending clearances in six months,
• Substantial building begins within 60 days after the completion of the CP agreement, and
• Achieving the target like reaching grades within the decided time in the CP agreement.

When a CP is revoked, work must be halted and the site rehabilitated at the owner's expense. If the construction hasn't been stopped, the CBO may have it removed at the expense of the owner and the site restored.

Before Making a Request Contact Toronto Building

If you are contemplating requesting a conditional permit, please contact the Manager of Plan Examination in the Toronto Building District, where the proposed development project is situated, to begin the process.

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