The Fines Under Ontario’s Building Code Act

Building without a required permit is an offence under the Building Code Act, 1992, the provincial law that every municipality in Ontario enforces. It applies the same way in Toronto, Mississauga, Vaughan or anywhere else in the province. The maximums depend on who is charged and whether there is a prior conviction.

Two details matter here. First, a “subsequent” offence means any earlier conviction under the Act anywhere in Ontario, not just on the same property. Second, ignoring an order from the City is its own offence, and fines for continuing non-compliance can be added on top, up to $10,000 for each day the problem continues after the deadline in the order.

Judges set the actual amount, and real-world penalties for a single violation are usually well below the maximums. That is not the comfort it sounds like. The fine is the smallest part of what building without a permit costs.

What It Costs Beyond the Fine

Most homeowners who get caught never see a courtroom. They deal with the building department directly, and that process is expensive enough on its own.

An order to stop work, then an order to comply

When an inspector finds work that needs a permit and does not have one, Toronto Building can issue a stop-work order. All construction halts while the property owner either applies for a permit or removes the structure. The clock on your project, your crew and your financing keeps running while nothing gets built.

An extra fee in Toronto

The City of Toronto charges a “work without permit” administrative fee equal to 50 percent of the permit fees for the project, with a minimum and maximum that the City updates periodically. The normal permit fees and processing times still apply on top of it.

Opening up and redoing finished work

Permitted work is inspected at set stages, before footings are poured, before walls are closed in, before backfill goes on. Work done without a permit skips every one of those checkpoints. An inspector can require you to uncover what is already built so it can be examined, and anything that does not meet the Ontario Building Code has to be corrected, sometimes with more structural or mechanical work than you originally planned.

Court-ordered demolition

Section 38 of the Building Code Act lets a municipality ask the Superior Court of Justice to order the removal or demolition of a building, or part of one, built without a required permit. It is not the usual outcome, but it is on the table, and Ontario courts have ordered owners to tear down substantial above-grade construction that went ahead without valid permits.

Trouble when you sell or make a claim

Unpermitted work tends to surface at the worst moment: a buyer’s lawyer asks for permit records, an appraiser notices an addition that is not on file, or an insurer reviews a claim on a structure that was never inspected. Any of those can delay a sale, reduce the price or leave you paying a loss out of pocket.

Who Is Responsible: You, Not Your Contractor

This is the part that surprises people most. In Ontario, getting the permit is generally the property owner’s responsibility, even when a builder or contractor is doing the work. Saying “my contractor told me we did not need one” does not move the charge off the owner, and a contractor who skips the permit can face charges too.

That is why the first question to put to any contractor is simple: who applies for the permit, and who pays the fees? A written answer before work starts protects you. A vague one is a warning.

Why the Permit Exists in the First Place

It is easy to treat a permit as paperwork. For excavation and demolition work, it is closer to a safety system with four jobs.

Which Excavation and Demolition Work Needs a Permit?

The exact rules depend on the municipality, the structure and the scope, so confirm the specifics with your local building department. As a general guide for the kind of work Wallace Excavation & Demolition does, these jobs usually involve a permit:

• Demolishing a house or other structure. In Toronto, structural demolition requires a permit from Toronto Building. On a teardown and rebuild, it is normally reviewed alongside the replacement building permit.
• Excavation for a new foundation or addition. This is typically covered by the building permit for the new construction.
• Shoring and underpinning. Work that supports soil or an existing structure next to a deep excavation affects safety and neighbouring properties, and is reviewed accordingly.
• Basement lowering and new basement entrances. These change the structure and drainage of the building.

Related requirements often travel with the permit: a designated substances report, formal utility disconnections, a damage deposit for municipal property, tree protection and, for listed or designated properties, heritage clearance. If you are unsure whether your project needs a building permit, ask before you start. The call costs nothing.

Already Built Without a Permit? How to Fix It Before You Are Fined

If work has already been done without a permit, the worst move is to wait and hope nobody notices. Unpermitted work tends to surface at the worst possible time: a neighbour complaint, a home inspection before a sale, or an insurance claim after a flood or fire. Dealing with it on your own terms almost always costs less than the fine for building without a permit in Ontario, and far less than a court order.

• Stop and document. Pause any further work, then photograph and list everything that was built, dug or removed, with dates and the names of the trades involved.
• Talk to the building department. Every Ontario municipality accepts building permit applications for work that has already started. In Toronto, that is Toronto Building. Expect the regular building permit fee plus any extra fee the city charges for starting early.
• Get drawings and engineering. The application needs drawings that show the work as built. For excavation, shoring, underpinning or structural changes, a professional engineer usually has to review and sign off.
• Expect to open things up. Inspectors cannot approve what they cannot see. Drywall, flooring or backfill may need to come out so footings, drainage, waterproofing and structure can be checked.
• Correct what does not comply. Anything that fails inspection has to be repaired or rebuilt to the Ontario Building Code before the building permit can be closed.

Coming forward does not erase every risk, but it moves you from enforcement to compliance. Cities generally focus on getting the work made safe and legal, and an owner who applies voluntarily is in a much stronger position than one who waits for an inspector to knock. If the unpermitted work involves excavation, a basement, a demolition or shoring, Wallace Excavation & Demolition can assess the site and work with your engineer to bring it up to code.

Why Hire Wallace Excavation & Demolition

A permit protects you from the City. The right contractor protects you from everything else, including the quote that looks cheap because it left out the paperwork. Here is how Wallace Excavation & Demolition approaches it.

The scope is written down before work starts

Wallace Excavation & Demolition names the structure, the foundation, the disposal and the final grade in writing, so you can see exactly what is included and what is not. It is the same discipline that keeps a project inside its permit: nothing is left as “as required” to be discovered later.

The permit and approvals come first

On a demolition or excavation job, the permit, the utility disconnections and the designated substances report all have to be finished before the machine arrives. Wallace Excavation & Demolition builds the schedule around them, because the paperwork, not the equipment, is almost always what sets your start date. Ask who applies and who pays the fees, and get the answer in the quote.

Work that holds up to inspection

Shoring, excavation and foundation removal are the stages inspectors care about most, and the stages where shortcuts are most expensive. Wallace Excavation & Demolition is licensed and insured, and works in the order that inspections expect: setup, takedown, below-grade removal, disposal, then backfill and grading.

One team for the full excavation scope

Demolition, excavation and shoring are connected, and a gap between them is where cost overruns hide. Having a single contractor responsible for the sequence keeps the schedule, the permit conditions and the site in step.

Permit-Ready Excavation and Demolition Across the GTA

Wallace Excavation & Demolition serves residential and commercial clients across Toronto, Etobicoke, North York, East York, Mississauga, Brampton, Vaughan, Markham, Richmond Hill, Burlington and Milton. Each municipality runs its own building department, with its own application process and timelines, so the first step on every project is confirming what that city requires for your address.

Common Questions About Building Permits in Ontario