Residential Building & Renovation
Applicable Law for Building Permit Applications
Applicable law is other regulations for which approval must be obtained before a building permit can be issued. A complete list of Acts and Regulations that are "Applicable Law" is set out in Article 1.4.1.3. of Division A of the Ontario Building Code.
Applicable law approvals may be based on the location of your property or the proposed use of the building.
Receiving all relevant applicable law approvals before applying can reduce delays in receiving your building permit. You will need to review this list and contact relevant agencies for approval prior to applying for your building permit. For certain Building Permit Applications, a completed Applicable Law Checklist is required to be submitted at the time of application.
Download Applicable Law Checklist(PDF, 775.09 KB)
These applications are not required to submit the Applicable Law Checklist:
- A building permit application related to a single family dwelling, single family dwelling with an additional dwelling unit, two family dwelling, semi-detached dwelling and a Part 9 townhouse dwelling. For these projects, staff will inform you of the applicable law requirements for your project. It is still recommended applicants review this information to be aware of what may apply to your project.
If you are unsure of what is relevant to your project, contact Building Division staff.
Site Plan Application
Site Plan Approval is required for non-residential developments and residential developments with greater than 10 residential units.
Contact Planning: 905-546-2424 x 1355, [email protected]
Subdivision Agreement
Subdivision Agreements are required for new subdivisions.
Contact Planning: 905-546-2424 x 1355, [email protected]
Zoning By-law Conformance
Check the zoning of your property using the interactive zoning mapping and review the corresponding By-law: Zoning By-law 05-200 or Zoning By-laws for Former Communities.
Contact Building: 905-546-2720, [email protected] for most residential projects
Contact Zoning: 905-546-2424 x 2719, [email protected] for all other projects
Zoning Compliance Review
Zoning Compliance Review is required for ER zoned properties in Ancaster and the Beach Blvd areas (formerly under Site Plan Control), 3-10 dwelling units, and new construction only.
Contact Zoning: 905-546-2424 x 2719, [email protected]
Minor Variance
All development proposals must meet the terms of the City's Zoning By-law. Whenever changes are made to a particular site and any of the regulations are not complied with, you will need a minor variance or amendment to the by-law to legalize the situation. The variance can relate to the land, building or structure or its use.
Contact the Committee of Adjustment: 905-546-2424 x 4221, [email protected]
Land Severance
The most common types of consent applications are for land severance to divide a parcel of land into two or more new lots or as a lot addition to an abutting property.
Contact the Committee of Adjustment: 905-546-2424 x 4221, [email protected]
Sewer and Water Permit
In the City of Hamilton, you must get a Sewer and Water Permit before you begin sewer or water work, including before you make a new service connection to municipal watermains, sanitary and storm sewers and before you make any adjustments to existing services that are connected to this infrastructure.
The application process is for sewer and water permits for these developments:
- Commercial developments
- Industrial developments (there are additional MOE requirements)
- Institutional developments
- Multi-residential developments such as townhouses, condominiums and apartments
Contact Growth Management: [email protected]
Encroachment Agreement
An Encroachment Agreement is a legal and binding agreement between the City and a property owner whose property abuts the municipal property which permits the property owner to have an encroachment on City property. Examples of encroachment include awnings, landscaping, porches, portion of an existing building, signs, steps, and wheelchair ramps and other accessibility features.
Contact Public Works: 905-546-2424 x 5803, [email protected]
Heritage Permit
A Heritage Permit is required for any alteration, new construction or demolition affecting the cultural heritage values identified within a By-Law that designates individual properties under Part IV of the Ontario Heritage Act. Similarly, a Heritage Permit is also required for exterior alterations to structures and property, including construction and demolition, for any property located within the boundaries of a Heritage Conservation District, as designated by By-Law under Part V of the Ontario Heritage Act.
Check the City’s Cultural Heritage Resource Mapping to determine if the subject property is designated.
Contact Cultural Heritage Planning: [email protected]
Registered-60 days (Heritage)
A 60-days notice of intention to demolish or remove a building is required for properties on the Municipal Heritage Register. Check the City’s Cultural Heritage Resource Mapping to determine if the subject property is designated.
Contact Cultural Heritage Planning: [email protected]
Source Water Protection
Source water protection is required to protect water resources from contamination or overuse. A Section 59 notice is required for properties within a wellhead protection area. Check the Source Water Protection Information Atlas to determine if the subject property is within the wellhead protection area.
Contact Hamilton Water: [email protected]
Development Charges
The City of Hamilton imposes Development Charges (DC) to recover growth-related costs associated with the capital infrastructure within Hamilton. Development Charges are one-time fees paid by developers at the time a building permit is issued to help pay for municipal services to new developments, such as roads, transit, water and sewer infrastructure, community centres and fire and police facilities.
For most new developments (residential and non-residential), Development Charges are required. The fee is confirmed during application review.
Contact the Corporate Services Department: 905-546-2424 x 4400, [email protected]
Niagara Escarpment Commission
The Niagara Escarpment Commission (NEC) is an agency with a mandate to maintain and enhance the vitality of Ontario’s Niagara Escarpment. Development approval is required for lands within NEC jurisdiction.
Visit escarpment.org/planning to determine if the subject property is within the NEC.
Contact the Niagara Escarpment Commission: 905-877-6370
Conservation Authorities
The conservation authorities work to protect the natural environment to prevent the loss of life and property damage due to flooding and erosion, and the conserve and enhance the natural environment. Development approval is required for lands within the conservation authorities. Visit the applicable conservation authority webpage below to determine if conservation approval is required.
- 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
Ministry of Transportation Permit (MTO)
MTO Approval is required when construction is adjacent to a highway or is within 800m of a highway and will generate major traffic.
Check the MTO mapping to determine the subject property is within the MTO controlled area.
Contact the MTO Highway Corridor Management Section: 416-235-5385 / 1-866-636-0663
Metrolinx Corridor Development Permit
As a result of the designation of the Hamilton LRT and Transit Corridor land under the Building Transit Faster Act, 2020, if you are planning to build a building, alter a building, build a structure or place a road on or under your property, a permit from Metrolinx may be required in addition to any necessary Building Permit. The same applies to excavation and water drainage work. This requirement applies to all properties within 30 metres of the Hamilton LRT Corridor Land.
If you are planning any of the above noted activities, and your property is within 30 metres of the Hamilton LRT Corridor Land, please contact: [email protected] or visit Metrolinx.com/permits.
Refer to the Metrolinx online map to determine if the subject property is within Hamilton LRT Corridor Land.
Record of Site Condition
A record of site conditions (RSC) sets out the environmental condition of a property at a particular point in time, based on environmental site assessments conducted by a qualified person.
Where industrial or commercial property changed to residential or parkland use a record of site condition may be required (Brownfield redevelopment).
Contact the Ministry of Environment, Conservation and Parks: 416-314-8001/1-800-461-6290 Monday to Friday, 8:30 am to 5 pm, [email protected]
Environmental Assessment
An Environmental Assessment (EA) determines what environmental impacts, if any, there will be during a project and how to minimize the impacts.
Contact the Ministry of Environment, Conservation and Parks, Assessment & Approvals Branch for industrial, commercial and government projects: 1-800-461-6290, [email protected]
Former Waste Disposal Site
Where the subject property was formerly a waste disposal site, approvals for a new land use may be required.
Contact the Ministry of Environment, Conservation and Parks, Investigations & Enforcement Branch: 416-326-6700
Renewable Energy Approval
For renewable energy projects that use wind, solar and bio-energy to generate electricity.
Contact the Ministry of Environment, Conservation and Parks, Assessment & Approvals Branch: 1-800-461-6290, [email protected]
Nutrient Management Act Approval
For farm buildings housing animals or animal manure.
Contact the Ontario Ministry of Agriculture, Food & Rural Affairs: 1-877-424-1300, [email protected]
Milk Act Permit
Where a building is used as a milk processing plant.
Contact the Ontario Ministry of Agriculture, Food & Rural Affairs: 1-877-424-1300, [email protected]
Long-term Care Home Approval
Contact the Ministry of Health & Long-term Care: 1-877-767-8889
Child Care Centre Approval
Contact the Ministry of Children & Youth Services: 905-521-7318
Federal Airport Authority
For lands adjacent to or in the vicinity of the John C Munro Airport.
Contact Transport Canada: 1-800-305-2059
Hamilton-Oshawa Port Authority (HOPA)
Contact: 905-525-4330
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