Encroachment Agreements

For existing residential or commercial properties with minor encroachments.

Examples: porches, steps, landscaping, existing portion of building/eaves, wheelchair ramps

Application Fee: $431.90 (HST included)

Annual Fee: $83.25 (HST included) à added to Property Tax Bill or invoiced via Accounts Payable

Submit a fully completed Application for Standard Encroachment Agreement with the following requirements:

• Ensure all required fields on the application form are properly filled out, including the Encroachment Information table listing all encroaching features
• Include a clear drawing or plan illustrating all existing and proposed encroaching features, with measurements of all encroaching features marked on the drawing
• The drawing must identify the property line (labelled and in red) and encroachment areas should be highlighted
  • If the owner is unable to obtain a copy of their property survey through Building, showing the property boundary, then the applicant must consult with an Ontario Land Surveyor to establish their property boundary
• Applications for commercial properties require a current plan prepared by an Ontario Land Surveyor
• For corporations, include the name and title of the person authorized to bind the corporation, along with a copy of the Corporate Profile Report
• Include Owner’s current Parcel Register (PIN) and Property Index Map obtained through a Solicitor and/or purchased online at www.onland.ca
• Include a copy of any existing encroachment agreements registered on Title to the property
• Application Fee payable with the application, in accordance with the City of Hamilton’s User Fees & Charges By-law à staff will contact applicant to process payment after the application is received

For new development projects, typically with below grade encroachments.

Examples: tiebacks, shoring piles (under special circumstances), portion of new building, balconies, manholes 

Application Fee: $431.90 (HST included)

Annual Fee: $83.25 (HST included) à added to Property Tax Bill or invoiced via Accounts Payable

Submit a fully completed Application for Standard Encroachment Agreement with the following requirements:

• Only submit a Development-related encroachment agreement application once the site plan drawings have been finalized and approved by Development Engineering
• Drawing revisions after initial submission are subject to an administration fee
• Ensure all required fields on the application form are properly filled out, including the Encroachment Information table listing all encroaching features
• The drawing must identify the property line with proposed widenings/daylight triangles as per the associated deposited reference plan (labelled and in red) and encroachment areas should be highlighted à include the widenings reference plan with the application
• The drawings submitted for the encroachment should be cleaned up of any additional gridlines that are not required for establishing the encroachment boundary
• For tiebacks/shoring, please ensure you include a tieback schedule on page 1
• A stratified reference plan is required for building/balcony encroachments
• Application Fee payable with the application, in accordance with the City of Hamilton’s User Fees & Charges By-law à staff will contact applicant to process payment after the application is received

For permanent outdoor patios and associated features.

Examples: patios, and patio perimeter fencing

See: Outdoor Boulevard Café Encroachment Agreements

1. Once an application is received, staff will contact the applicant to process the payment.
2. The application will then be added to the queue for scheduling of an internal circulation for review and commenting of the application by the required City departments, divisions, and working groups. This is a 4-week review period, once circulated, and is dependent on the number of applications already in the queue at the time of submission.
3. Once the review period has closed, staff will review all comments received and provide the applicant with a summary of any comments, objections, or modifications required.
4. Once there are no remaining concerns, staff will begin drafting up the agreement, which will first require Legal’s approval. Then the approved draft agreement will be forwarded for owner review and signing.  A digital signature is permitted, but an original signed copy is also required to be submitted to our office for record-keeping.
5. Once the owner signed copy is received, the agreement is forwarded for further signatures and approvals by staff in Public Works, Legal, Mayor and City Clerk.
6. Once Clerks returns the executed encroachment agreement, staff will forward it on with next steps to have the applicant’s solicitor register the agreement on title to the owner’s property.  The registered agreement must be forwarded to [email protected] for record-keeping and to close out the file. Please note that the agreement does not take effect until it is registered on title at the Land Registry Office.