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

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.

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

As a result of the Building Transit Faster Act, 2020 you may be required to get a Corridor Development Permit from Metrolinx prior to applying for your building permit. Visit Metrolinx.com/permits for more information.

Metrolinx approval is considered Applicable Law for Building Permits. Applicants should identify if approval has been received on the Applicable Law Checklist(PDF, 418.11 KB).

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.

Receiving all relevant applicable law approvals before you apply can reduce delays in receiving your building permit. See the full list of when certain approvals may be required, and who to contact.

A completed Applicable Law Checklist is required with certain Building Permit Applications. Contact Building Division staff if you are unsure if the checklist is required for your project.

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.
• Conversion of an existing detached accessory building to a secondary/additional dwelling unit.
• 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).

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.

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

When hiring a Designer

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.

A building permit application received by email, will not be processed without the building permit fee being paid in full. The building permit fee will be collected when the application package is deemed complete and ready for acceptance.

How to Submit By Email

• Review the Submission Requirements and Documentation and Form Requirements.
• Complete and save the applicable forms and drawings in PDF format in preparation of receiving a secure file transfer link from staff. Files must be unsecure and not password protected. 
• Send an email to [email protected], include the address and permit type in the subject line (Example: 123 Fictional Lane - Detached Additional Dwelling Unit), and attach only these completed documents: 

• Building Division staff will review the documents and send a secure file transfer link (Sync link) to upload the complete building permit application package. 
• Please upload all documents, drawings, and forms in the secure file transfer link and reply to the email indicating the upload is complete.
• Staff will review your submission within two (2) business days of receiving your email indicating the completed upload. 
• If the application is insufficient, staff will reply by email indicating what additional items are required for a complete application.
• If the application is sufficient, you will be notified by email and staff will collect credit card payment by phone. Please note, the building permit application will not be accepted until payment is received.

During the plan review process, if the plan reviewer identifies any deficiencies and/or additional fees owing, a review letter will be emailed to the Applicant along with a secure e-transfer link for upload. Once your application has been reviewed, deemed to comply with the Ontario Building Code and all other applicable law, and all required fees have been paid, the building permit will be issued and made available through a secure file transfer link for download.

Electronic documents must be:

• PDF format
• Unsecure and not password protected
• Electronically signed, where applicable

Electronic drawings must be:

• PDF vector-based format
• Black and white only. Full-colour renderings and photos may be submitted, but only as supplements to a sufficient set of plans.
• Plans/Drawings with multiple pages and sets must be combined by discipline
• Documents/drawings containing multiple layers must be flattened to a single layer
• Must be to scale
• When rendering drawings to PDF, options for saving text as comments must not be selected
• Must be properly labelled.
• Where a submission is being made to address review letter item(s) identified by a plan reviewer, please rename the document to include a version (i.e. site plan v2).

File Naming for Electronic Documents

The file names of the Electronic Documents for your application must include the form's name or its contents.

Drawing Naming Examples

For Additional Dwelling Unit permit types, the drawings shall be submitted as one (1) PDF file.

For all other permit types the drawings must be grouped by discipline: 

• Arch Drwgs
• Elec Drwgs
• Mech Drwgs
• Shoring Drwgs
• Site Plan Drwgs
• Struct Drwgs

Examples for document file naming: 

• Application Form
• Commit to Gen Review
• HAVC Calculation
• Schd I Designer

Internal Additional Dwelling Unit (ADU), Detached Additional Dwelling Unit (ADU) and Purpose-built Single Family Dwelling with an Additional Dwelling Unit

Required Documentation and Forms

• For details on what to include with a building permit submission, review the Additional Dwelling Unit Checklist and refer to the specific type of ADU. 

For additional information, visit Additional Dwelling Units (ADU)

New Residential with three (3) or more dwelling units and NewNon-Residential Building Permits

Required Documentation 

• Site Plan Approval /Concurrent Review
  • New residential buildings with more than 10 dwelling units or new non-residential buildings require a site plan approval letter or concurrent review letter from the Planning Division.
• Servicing Permit
  • New residential buildings with 3 to 10 dwelling units requires a servicing permit from the Growth Management Division. 
• Site Plan
  • Site plan showing property lines, lot area (referenced to a current survey)
  • Key plan showing location of existing/proposed construction.
  • Location of all existing/proposed buildings with overall dimensions and setback dimensions to property lines and adjacent buildings.
  • Summary of permitted and proposed zoning provisions.
  • Indicate fire routes, fire department connections and fire hydrants.
  • All parking/loading spaces. Include barrier-free information such as curb cuts, designated accessible parking spaces, access ramps, and all associated details.
• Grading Plan
  • Existing and proposed grades, including sidewalk elevations.
  • Proposed finished floor elevations for all floor levels.
• Architectural Plans
  • Dimensioned floor plans for each level showing existing and proposed uses of all spaces, including all plumbing fixtures, reflected ceiling and associated details.
  • Provide existing/proposed construction, interior/exterior wall assemblies, fire separations, and structural framing above.
• Mechanical Plans
  • Provide type, location, and size of equipment, heat loss and heat gain calculations, duct design calculations, and mechanical ventilation and heating calculations and design. Also, plumbing drawings, including, supply (cold / hot) water, sanitary drainage system and connection to existing plumbing system of the building.
• Electrical Plans
  • Layout of electrical systems at each floor level.
• Structural Plans
  • To include foundation plans, floor and roof structural plans, columns and beams structural design plans, including all loading, such as dead load, live load, wind load, snow load, etc.
• Roof Plan
  • Existing and proposed roof layout showing roof structure, skylights, roof slopes, drainage system design, ventilation and including any screening requirements for mechanical roof top equipment.
• Elevations
  • Exterior finishes with roof slopes, window/door type, locations and sizes including height of sills above floor level.
  • Provide area of exposed building face, percentage/area of unprotected openings and required limiting distance(s). Wall section(s) to indicate type of construction, type of cladding and fire-resistance rating of exterior wall.
  • Show exterior signage, canopies, decks/landings, stairs, guards/handrails.
  • Provide an overall building height dimension.
• Sections
  • Cross section(s) to show existing/proposed building construction and specifications of all floors, wall, and roof assemblies.
  • Show floor to floor, floor to ceiling, and overall building heights.
  • Detail fire separations, stairs, landings, guards, and handrails.
• Construction Details and Notes
  • Building materials and specifications of all walls, floor and roof assemblies with typical wall section and typical roof detail
  • Provide guard details including connection detail
  • Door and room finish schedules

Required Forms

• Application to Construct or Demolish Form
• Schedule 1: Designer Information Form (if applicable)
• Commitment to General Reviews by Architect and Engineer

What is the email submission process?

The Building Division has an email submission process for select permit types.  A building permit application is accepted through a secure file transfer link provided by the Building Division.  When the permit is issued, the documents and drawings are made available for download by the applicant through a secure file transfer link.

Will all application types be reviewed and issued through the email submission process?

No. Currently, only these select permit types are available for the email submission process:

Additional Dwelling Unit (ADU) types:

• Internal Additional Dwelling Unit (ADU)
• Detached Additional Dwelling Unit (ADU)
• Detached Additional Dwelling Unit (ADU) conversion
• Purpose-Built Single Family Dwelling with an Additional Dwelling Unit (ADU)

NEW building types:

• Residential with three (3) or more dwelling units (not including townhouses) 
• Industrial, e.g.., new warehouse building, etc.
• Commercial, e.g. new retail building, new restaurant building, etc.
• Institutional, e.g., new school building, etc.

How will my Permit be delivered?

Your permit will be issued in a PDF format and made available for download through a secure transfer link. Please download the approval package upon receipt of the documents as the link has a 6-month expiry date. 

What do I do with the PDF package after I receive it?

The permit/placard, drawings and supporting documents must be printed (full-sized, to scale, in colour) and kept on site for the Building Inspector. The placard must be displayed in a conspicuous location on the construction site.

What is a digital signature?

A digital signature (standard electronic signature) takes the concept of traditional paper-based signing and turns it into an electronic “fingerprint”. This “fingerprint” is unique to both the document and the signer and binds both together.

The digital signature ensures the authenticity of the signer. Any changes made to the document after it is signed invalidates the signature, thereby protecting against forgery and information tampering.

Can I still sign forms by hand?

The applicant can print and sign the form and then scan it. Please ensure that the information on the form is accurate and the description is acceptable so that the scanned form can be submitted.