I'm selling and there's unpermitted work.

Disclose it and get advice. Options include a retroactive permit, removal, or negotiating a holdback. Concealing it can support a claim against you after closing.

Do I need a variance before a permit?

If the work doesn't comply with the zoning by-law, yes — you generally need a minor variance from the Committee of Adjustment before a permit can issue.

Toronto Building Division — Permits, Orders & Committee of Adjustment

Toronto Building Division

Toronto Building issues building permits and enforces the Ontario Building Code within the city. Unpermitted work is one of the most common problems on a residential sale — it can hold up closing, affect insurance, and expose an owner to an order to comply or remove. Permits generally follow zoning, so a minor variance may be needed first.

What it does

Issues building, demolition and change-of-use permits
Inspects construction for Building Code compliance
Issues orders to comply and stop-work orders
Enforces against construction without a permit

Matters it hears

Permit applications and refusals
Orders to comply and stop-work orders
Unpermitted construction and retroactive permits
Building Code compliance disputes

Appeals & review

Building Code disputes may go to the Building Code Commission; zoning relief goes to the Committee of Adjustment and then the Ontario Land Tribunal.

Appeal and review deadlines are short and strictly applied. Treat the decision date as the start of a clock.

Frequently Asked Questions

I'm selling and there's unpermitted work.: Disclose it and get advice. Options include a retroactive permit, removal, or negotiating a holdback. Concealing it can support a claim against you after closing.
Do I need a variance before a permit?: If the work doesn't comply with the zoning by-law, yes — you generally need a minor variance from the Committee of Adjustment before a permit can issue.

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General information about jurisdiction and process, not legal advice. LegalCounselNearMe is not a law firm and is not affiliated with Toronto Building Division. Procedures, forms and fees change — the official site is authoritative.