Building Permit Application Requirements

Projects that Require a Building Permit

For new construction and additions to low-rise residential buildings, review radon mitigation and testing requirements.

If you are starting demolition or construction in an established neighbourhood, please review the Residential Infill Good Neighbour Guide to learn more about requirements and related approvals you should be aware of.

Projects that Don't Require a Building Permit

• Where accessory to a detached house, semi-detached house or row house, a Building Permit is not required for the construction or demolition of a detached accessory structure (garage, carport, gazebo) provided it is not more than 15 square metres, is not more than one storey and does not have plumbing. For all other uses, a Building Permit is not required for the construction or demolition of a detached structure provided it is not more than 10 square metres and does not have plumbing.
• Building a fence that does not enclose a pool (Refer to the City's Fence By-Law for details)
• Installing minor millwork, cabinetry, and flooring such as carpet, laminate or hardwood
• Repairing eavestroughs where drainage is contained within the property
• Landscaping (a Site Alteration Permit may be required for changes in grading)
• Painting or decorating
• Re-shingling a roof with the same roofing material
• Replacing existing plumbing fixtures in the same location
• Replacing existing windows to the same size and location where no fire resistance rating is required
• Replacing a furnace
• Demolition of a farm building
• Demolition of a detached structure 10 square metres or less

There are many consequences that may include but are not limited to:

• Receive order to comply to obtain a building/demolition permit that may be registered on title
• Be issued a ticket with a set fine.  Penalties under Section 36 of the Building Code Act indicate maximum fines of $50,000 for an individual, or $500,000 for a corporation for a first offence
• Ordered to stop work
• Legal action may occur due to construction/demolition without building permit, or when failing to comply with an order
• Additional costs to remedy the unpermitted construction (i.e hire Professional Engineer, deconstruction etc.)
• Possible interference with applicable law (i.e Niagara Escarpment Commission, Conservation Authorities, Zoning by-law etc.)
• Additional fees under Hamilton’s Building Permit By-Law
• Additional complications with respect to unpermitted locations, encroachments

New construction or renovations must comply with Hamilton's Zoning By-laws for details like size, setback and location. A Building Permit will only be issued if the project complies with the Zoning By-Law for the property.

View the interactive zoning mapping to determine the zoning designation of a property. Contact the Planning Division at 905-546-2424 ext 2719 or email [email protected] when you are planning your project to determine the specific zoning requirements for a property. You may need additional approvals or time to obtain all of the necessary information.

If your project does not comply with the Zoning By-Law, you may apply for a minor variance.

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

• Residential infill - single family, two family, including Ancaster “ER”-zoned areas and Beach Boulevard
• 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 as part of the building permit application submission.)
• Residential accessory building 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); and
    • it is not greater than 25 sq.m. in building area; or
    • it is not greater than 55 sq.m. in building area and is at least 1.2 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 and/or a secondary/additional detached dwelling unit 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); and
    • it is not greater than 55 sq.m. in building area and is at least 1.2 m from a property line(s); or
    • where greater than 55 sq.m. in building area, is at least 3.0 m from a property line(s).

Building Permit Application Requirements

Where a grading plan is required to be submitted, the property owner shall retain a Professional Engineer (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 Lot Grading Certificate Declaration Form(PDF, 128.93 KB); and
• prepare, seal, sign, and date an as-built grading plan.

You will need to provide at the time of building permit application:

• the Owner’s Undertaking Lot Grading Form(PDF, 128.62 KB), completed by both the property owner and the Professional Engineer (Grading Consultant);
• the grading plan, sealed, signed, and dated by the Professional Engineer (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) and the development is at least 3.0 m from property line(s), 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.

For minimum grading requirements, refer to the Owner's Undertaking Lot Grading Form.

Before work begins on a construction project, the building constructor in Health and Safety legislation may need to file a Notice of Project (NOP) to the Ministry of Labour.

The Government of Ontario has some tools and information to keep you informed. You may be asked to complete the Notice of Project as the property owner. View a list of what you should know first.

If you have natural feature on or near your property, you may be required to get a permit from the Conservation Authority that oversees that watershed:

• Hamilton Conservation Authority: 905-525-2181
• Conservation Halton: 905-336-1158
• Grand River Conservation Authority: 519-621-2761
• Niagara Peninsula Conservation Authority: 905-788-3135

To determine what natural features are on or near your property, contact a Natural Heritage Planner at 905-546-2424 Ext. 1355 or visit City Hall, 5th Floor.

In some areas of the City, lands are under the control of the Niagara Escarpment Commission (NEC). You will be required to receive approval through a Development Permit from the Commission to develop your property.

• Niagara Escarpment Commission: 905-877-5191

You may need to contact other organizations before you begin your project to access additional information or approvals.

Delays in permit issuance can be avoided if all drawings and specifications incorporate sufficient information to verify that the work will conform to the Ontario Building Code and the Zoning By-law. If you are not familiar with government regulations, by-laws and Ontario Building Code requirements, you may want to hire a designer. If your drawing and specifications are not complete or do not meet the Ontario Building Code or Hamilton’s Zoning By-law, approval for your permit will be delayed. Learn more about finding a qualified designer

As the owner, you may design your project and drawings. Discuss your project with material suppliers to determine costs, sizes and spans. You can also contact the Building Division by email [email protected] or in person to see examples of drawings showing the acceptable level of quality for your permit application.

Application checklists
Review these checklists to help ensure you submit a complete application:

• Accessory Structure(PDF, 600.64 KB)
• Carport and Covered Porch(PDF, 598.03 KB)
• Deck and Porch(PDF, 528.77 KB)

All drawings must be to scale and printed in ink. Original drawings in pencil are not acceptable, but photocopies of penciled drawings may be sufficient. Plans must be fully dimensioned in either metric or imperial units, but not a combination of both.

Tips to Consider When Selecting a Contractor

• Ensure the contractor has a valid trade licence
• Do not get pressured into signing anything
• Always get a written estimate and at least three quotes
• Get a fully itemized estimate and make sure the details are written into a contract
• Get other quotes if you are asked to give a down payment of more than 5% to 15% of the total contract price
• Determine if the job requires a Building Permit. It is your responsibility to get a Building Permit, if you need one, before you start construction

Licensed Contractors

All contractors must have a valid Trade and Contractor Licence to operate in Hamilton.

Looking for a specific contractor? View our list of Licensed Contractors. Use the filter tools to enter a name to search the listing online. For more information, contact Municipal Law Enforcement at 905-546-2782 option 3 for Licensing.

Trades that require a licence include:

• Building repair contractors such as roofers, carpenters, bricklayers, concrete workers, window and door installers, siding contractors and foundation waterproofing contractors
• Drain contractors
• Plumbing contractors
• Heating, Ventilation and Air Conditioning contractors
• Fire sprinkler installer contractors

In order to get a valid licence, contractors go through a process to ensure they have:

• Police criminal check
• Third party liability insurance

When you apply for a Building Permit, you must provide the licence number of the contractor who is doing the work.

Contractor Inspections

The City usually only investigates contractors if a complaint is made. If we receive a complaint of anyone operating without a valid licence, we ensure compliance with Hamilton’s Licensing By-Law No. 07-170.

Inspectors can carry out random spot checks to see if a contractor is operating with a proper licence.