Bill 23 - Grading plans may now be required for residential infill projects

Residential infill developments may impact grading and drainage in the immediate and adjacent areas. To help mitigate impacts, the Building Division will require professional grading design to be submitted for certain residential projects.

When is a Grading Plan Required?

These projects require a professional grading plan to be submitted (unless exempt below):

• Residential infill – single family, two family, semi-detached
• Residential addition
• Residential accessory building
• Secondary/additional detached dwelling unit

Grading Plan Exemptions

A professional grading plan is not required to be submitted for:

• Residential project with a valid Site Alteration Permit related to the proposed scope of work.
• Residential project subject to site plan approval wherein grading has been reviewed and approved by the Growth Management Division.
• Residential infill subject to a Subdivision Agreement or a Consent Agreement. (Plot plan demonstrating compliance with the Subdivision or Consent Agreement grading plan is to be submitted.)

Additional Exemptions

A professional grading plan is not required to be submitted for these projects, provided there is no removal of, or alteration to, any existing development features (e.g. swales, catch basins, area drains, etc.), and no change to grades at the property line(s):

• Residential project on a lot size of at least 0.4 hectares (1 acre) and the proposed building/addition is at least 3.0 m from property line(s).
• Residential accessory building and/or secondary/additional detached dwelling unit provided:
  • it is not greater than 55 sq.m. in building area and is at least 1.0 m from property line(s); or
  • where greater than 55 sq.m. in building area, is at least 3.0 m from property line(s).
• Residential addition provided:
  • it is not greater than 55 sq.m. in building area and is at least 1.0 m from property line(s).
  • where greater than 55 sq.m. in building area, is at least 3.0 m from property line(s).
• Enclosure of a roofed-over unenclosed porch/deck/carport.
• Rebuild of a residential building (single family, two family, semi-detached, detached additional dwelling unit) – or part thereof – on an existing foundation (no change in perimeter of foundation).
• Rebuild of a residential building (single family, two family, semi-detached, detached additional dwelling unit) – or part thereof – on an existing foundation with an addition provided:
  • the addition is not greater than 55 sq.m. in building area and at least 1.0 m from property line(s); or
  • where greater than 55 sq.m. in building area, the addition is at least 3.0 m from property line(s).

Building Permit Application Requirements

A Grading Consultant shall be:

• An Ontario Land Surveyor;
• An Engineer registered as a member of the Professional Engineers of Ontario;
• An Architect registered as a member of the Ontario Association of Architects; or
• A member of the Ontario Association of Landscape Architects.

Note: Where a private catch basin is proposed, the Grading Consultant shall be a professional engineer.

Where a grading plan is required to be submitted, the property owner shall retain a Grading Consultant to:

• prepare, seal, sign, and date a grading plan for inclusion with the building permit application;
• provide field review to ensure compliance with the grading plan;
• complete the Building Division's Lot Grading Certificate Declaration Form(PDF, 768.05 KB); and
• prepare, seal, sign, and date an as-built grading plan.

These items are to be provided at the time of a building permit application:

• the Building Division's Owner’s Undertaking Lot Grading Form(PDF, 728 KB), completed by both the property owner and the Grading Consultant;
• the grading plan, sealed, signed, and dated by the Grading Consultant; and
• the applicable grading security deposit.

Larger Lots

Where a grading plan is required to be submitted and the lot size is at least 0.4 hectares (1 acre), the grading plan needs only to detail within 3.0 m of developed area(s). Developed area includes, but is not limited to, proposed building(s), driveway, on-site sewage system.

Find more information about the Building Permit process

Grading Plan Minimum Requirements

For minimum grading requirements, refer to the Owner’s Undertaking Lot Grading Form(PDF, 728 KB).