Building Library | Town of Grimsby

A Conditional Permit allows construction to proceed before all approvals are finalized, typically for large projects. The Chief Building Official (CBO) may issue a Conditional Permit if approvals are pending and delays are causing significant setbacks. It does not skip safety reviews. To apply, a written request and supporting documents are required, with the CBO having discretion in granting the permit.

When is a conditional permit needed?

A Conditional Permit application can be submitted if the following conditions are met:

For properties subject to site plan approval under Section 41 of the Planning Act, plans or drawings must be stamped ‘endorsed’ by the Director of Planning.
The subdivision is registered, or a model home agreement has been executed.
A building permit application has been submitted, and the plan review for the entire project is complete, or 40 business days have passed since the application date, whichever is shorter.
All necessary zoning, heritage, conservation authority, or environmental approvals have been obtained.
If a minor variance was required, the Committee of Adjustment meeting must have taken place, the application must have been approved, and no objections were filed either at the meeting or in writing.
If there is a Hold on the property, a Council date for the removal of the Hold must be confirmed before a conditional permit application can be considered for any work not covered by the Hold.
All other required approvals under applicable law have been submitted by the owner, and approvals are expected soon.

What risks are involved?

Construction projects authorized through a Conditional Permit may be subject to revocation if the terms of the Conditional Permit agreement are not met. These terms include:

Obtaining all outstanding approvals within twelve months,
Seriously commencing construction within 60 days of the Conditional Permit agreement’s execution, and
Achieving milestones, such as reaching grade, within the timeframe specified in the Conditional Permit agreement.

If a Conditional Permit is revoked, the construction must be removed, and the site restored at the owner's expense. If the construction is not removed, the Chief Building Official (CBO) may arrange for its removal and site restoration at the owner's cost.

The Town will place a lien on the property for any costs incurred in removing the construction and restoring the site, and the amount may be added to the property’s tax rolls.

It is essential that you fully disclose to the Chief Building Official any information or uncertainty you have about an outstanding approval, to reduce these risks.

Conditional Permit Guide

A conditional building permit is a special authorization granted in cases where the issuance of a building permit is delayed due to extended timelines in the final stages of Planning and other approval processes. It is issued at the discretion of the Chief Building Official, provided the applicant demonstrates that the approvals are routine and expected. If you're thinking about applying for a conditional building permit, please refer to our Guide to Conditional Permits.

Documents Required for Application

Required Documents required when applying for a conditional permit. This will be required following the approval of a request to the Chief Building Official.

Completed Application for a Permit to Construct or Demolish form
Non-refundable conditional permit fee, specified in our current Building By-law
Ontario Land Registry PIN/Deed or other document confirming owner and legal description of property
Development approval schedule detailing outstanding approvals' timeframes and the requested scope of work under the Conditional Permit
Letter from the Applicant explaining the Conditional Permit rationale and detailing the nature of delays in accordance with 8(3)(b) of the Building Code Act

Click the button below to submit a request for approval from the Chief Building Official (CBO) to consider applying for a Conditional Permit. Keep in mind that the CBO has the discretion to either approve or decline your request. If your request is declined, the decision is final, and there is no option for an appeal. In the event that your request is not approved, you will be required to proceed with the application process for a standard building permit instead.

Inquiries related to conditional permit requests can be submitted by phone Monday through Friday, between 8:30 a.m. and 4:30 p.m. To reach an agent, call 905-309-2022, or email building@grimsby.ca

Click Here.

Frequently asked questions (FAQS)

Do I need a building permit?

We understand that your building project is an important undertaking, and we are here to assist you throughout the process.

Do You Need a Building Permit?
If you're unsure whether your project requires a building permit, we're happy to help. Contact us at 905-309-2022 or via email at building@grimsby.ca for more information.

Compliance with Municipal Bylaws
When planning development on your property, it's essential to comply with municipal bylaws. For questions about pre-building permit approvals, please reach out to us at 905-309-2019 or planning@grimsby.ca.

Best Practices for Your Project
Even if a building permit is not required, we recommend ensuring that any structures on your property are designed according to the Ontario Building Code and constructed following industry best practices. Additionally, property owners should verify that their projects comply with municipal zoning and engineering bylaws.

What is a BCIN and when is it required?

A BCIN (Building Code Identification Number) is issued to designers by the Ministry of Municipal Affairs and Housing.

In general, designers who are not professional engineers or architects and engage in the following design activities are required to meet the qualification and registration requirements under the Building Code:

Preparing a design as part of a building permit application.
Providing information or an opinion on whether a building or part of a building complies with the Building Code, if the information or opinion is to be submitted to a Chief Building Official in connection with a building permit application.
Preparing a written report for submission to the Chief Building Official based on a general review, where a general review is required by the Building Code.

Homeowners who perform their own design work are not required to obtain a BCIN.

What are the consequences of not obtaining a building permit?

Administrative Penalty Fees
Under the Building Permit Bylaw, administrative penalty fees apply for "Work Prior to Permit Issuance at Any Stage of Construction." For specific fees, please refer to the bylaw.

Consequences of Non-Compliance

Order to Comply: If you receive an Order to Comply, you will need to obtain a building or demolition permit. This Order may be registered on title, which could impact your ability to refinance or sell the property.
Order to Stop Work: An Order to Stop Work may also be issued and could be registered on title, potentially affecting your ability to refinance or sell the property.

Additional Costs and Liabilities

Repairs or Removal: If construction does not comply with the Ontario Building Code or other applicable laws (such as regulations from the Niagara Escarpment Commission, Conservation Authorities, or Zoning By-law), it may require costly repairs or removal.
Professional Inspections/Reports: You may incur additional expenses for inspections and reports conducted by professional engineers.

Potential Legal and Financial Penalties

Fines and Legal Action: Failure to comply with building regulations can result in significant fines and legal action against all involved parties. Under Section 36 of the Building Code Act, maximum fines for a first offense can be up to $50,000 for an individual or $500,000 for a corporation.

How long is my building permit good for?

Building Permit Validity
Your building permit remains valid for up to six months before construction must begin.

If construction does not commence within six months, your permit may be revoked in accordance with Section 8 of the Building Code Act.

Need More Time?
We understand that delays can occur. If your project is delayed, please reach out to the Building Division at 905-309-2022 or building@grimsby.ca. We're here to assist you and explore possible solutions!

What are the most common things that delay a building permit from being issued?

Common Reasons for Application Delays or Rejection

a) Missing Information: Incomplete applications, missing dimensions, or missing drawings.

b) Poor Quality Plans: Submissions with poorly drawn diagrams or missed information due to a lack of drafting knowledge.

c) Inaccurate or Incomplete Septic Information: Missing or incorrect septic details (if applicable).

d) Incomplete Designer Information: The Schedule 1: Designer Information page of the application form is either not completed or not signed.

e) High Application Volume: The highest volume of applications is typically received between May and September, which may cause delays.

I've been issued my building permit, do I need to post it in a visible location?

Building Permit Display Requirement

Yes, you are required to post your Building Permit in a visible/conspicuous location on-site for the entire duration of construction. This allows both the public and the Building Inspector to easily view the permit.

Do I need an electrical permit?

Electrical Work and Permits

Electrical work is regulated by the Ontario Electrical Safety Code and overseen by the Electrical Safety Authority (ESA). As such, the Town of Grimsby does not issue permits or conduct inspections for electrical work.

It is the responsibility of the property owner to ensure that an electrical notification (permit) and electrical inspection are completed as required by the ESA.

For more information on ESA requirements, please visit esasafe.com.

Good Neighbour's Guide

While constructing your house is an exciting and rewarding venture for you, it can also bring some challenges, as construction work can sometimes create discomfort or disruption for your neighbors.

Being aware of the regulations and laws that both you and your builders need to follow during the construction process is essential. This knowledge can not only help streamline the project but also make the experience smoother for everyone involved. Additionally, applying a bit of common sense and consideration can go a long way in ensuring that your relationships with your neighbors remain positive and that any potential tensions are minimized throughout the construction process.

Practicing good communication

Building permits do not require public consultation; however, you may want to discuss your project with your neighbours before you finalize your plans. See if you can find a solution that works for everyone.

For neighbours constructing:

Talk to Your Neighbors Early:
- Before applying for a building permit, discuss your proposed plans with neighbors.
- Explain the work you want to undertake, your expected timelines, and any potential impacts on them.
Create a Communication Plan:
- Work with your neighbors to develop a plan for resolving any issues during the construction process.
- This ensures that any concerns are addressed promptly and helps maintain positive relationships.
Understand Local Regulations:
- Familiarize yourself with local building codes, zoning regulations, and construction guidelines. This ensures compliance and reduces the likelihood of disruptions.
- While the town issues permits, the builder is responsible for the work on and around the site.

For neighbours adjacent to construction:

1. Communicate Early:

- If you have concerns, start by talking to the property owner or builder. Many issues can be resolved through respectful, open dialogue.
Understand the Benefits of Renovations:
- While construction can be disruptive, renovations and new builds help improve safety and building quality in the neighborhood.
- They can also increase property values, benefiting the entire area in the long term.
Address Concerns:
- If you're worried about the impact of the construction, ask the homeowner or builder about the project’s timeline, expected noise levels, and potential disruptions.
- Most issues can be managed if there is clear communication and cooperation from all parties.

Construction site issues not regulated by the Ontario Building Code

Access to Property

A building permit does not grant your neighbor or their contractor automatic access to your property. Access is your decision and should be agreed upon in writing for both parties' protection.

Damage to Property

If construction causes damage to your property, you may be entitled to compensation. If your neighbor is uncooperative, you can pursue the issue through civil courts. Document the condition of your property before and after construction with photos.

Damage to Utilities

Contractors must locate underground utilities before digging. If construction disrupts your utility services, contact the service provider immediately. You can also file a complaint through Ontario One Call.

Noise

Any noise from your project must be within the Town’s construction noise limits. In most residential areas, construction noise is allowed between 7 a.m. and 7 p.m.. See the Noise Bylaw for more information.

Drainage and Grading

Older areas may face drainage challenges with new construction. Shared drainage systems, like yard swales, are often a joint responsibility. If drainage issues arise, discuss them with your neighbor to resolve the situation. Altered or neglected systems may need a landscaper’s expertise.

Building too Close to Property Line

Building plans are reviewed to ensure compliance with zoning setbacks. Any issues will be addressed before approval.

Building too High

Building plans are also reviewed to ensure compliance with height restrictions prior to permit issuance. Once the building is constructed heights are verified.

Disorderly work site

Keep your worksite clean with no loose debris. Keep all materials in a stacked and organized manner.

Restrooms

Make sure you or your builder has made arrangements to use existing facilities, or portable toilets on site if needed. Portable facilities should be located behind construction fencing, and away from public property and neighbouring homes.

Parking and Traffic

When construction vehicles block roads and driveways, they can slow or stop people trying to enter or leave the neighbourhood. Try to keep roads clear during peak periods in the morning and late afternoon. You may need a road occupancy permit, contact 905-945-9634 to find out.

Municipal By-Laws

Building By-Law

The Building By-law governs the construction, demolition, and alteration of building uses, as well as the transfer of permits, inspections, and related matters. This includes, but is not limited to, the essential standards for obtaining permits needed for construction, demolition, or changes in building use.

Building By-Law 93-62

Pool Enclosure By-Law

This By-Law requires that a pool enclosure permit must be obtained prior to starting the construction or installation of a new pool. Mandates that all pools be fully enclosed by a pool enclosure. Defines minimum requirements for enclosure height, distance from the water’s edge, and locking gate specifications.

Pool Enclosure By-Law 2008-059

Sign By-Law

This by-law establishes regulations for signs and other advertising structures within the town, including guidelines on where and what types of signs can be placed in public spaces.

Sign By-Law 97-45

Building Official Code of Conduct

The Code of Conduct promotes accountability by encouraging proper behavior and enforcement standards. It aims to prevent the misuse of authority, unethical conduct, and illegal practices while promoting transparency, honesty, and integrity in the actions of officials responsible for upholding the BCA. Through these principles, the Code helps ensure that those in positions of authority act in the best interests of the public and maintain trust in the enforcement process.

Code of Conduct By-Law 19-100

Building permit fee By-Law

The Building Permit fee By-Law outlines all costs associated with the building permit application.