The great thing about freehold home/property ownership in British Columbia is that you have the legal authority to alter your home/property in any way because you own the title lock, stock and barrel.

WRONG!

Even seemingly benign changes to your home require permits from local government. Do you want to install an irrigating sprinkler system? You’re going to need a permit for that. Planning to put up a new interior wall? Well, maybe you need a permit. It depends on what municipality you live in.

The complaint I hear most from homeowners, builders and renovators is that they don’t understand the permit process. Greater Victoria is comprised of 13 separate municipalities, each with their own building permit department and building officials. Improvements that may require a permit in Victoria may not require a permit in Sooke. Often homeowners will ask “Why do I need a permit?”. The answer is easy: it doesn’t matter. If building officials in your municipality determine that you need a permit then you must follow the rules.

BC Building Code

The BC Building Code (and the National Building Code of Canada) are rules that define the minimum acceptable level of safety for constructed objects such as homes (Part 9 of the code) and commercial structures (Part 3 of the code). By adopting national and provincial standardized methods of construction, building codes protect public health, safety and general welfare as they relate to the construction and occupancy of dwellings. In new home construction, building codes ensure that every new home produced meets minimum requirements to maintain value.

The BC code is enforced on the municipal level by experienced inspectors and engineers who will determine if your project is compliant. This means that the particular building official’s arbitrary interpretation of the codes can make or break your project. Both homeowners and trades workers will save time, money and stress if they preemptively visit the local planning office of their potential project and review plans and details with an inspector to determine if a permit will be required.

On the left: New York City - Area: 1,214 square kilometres; Population: 8,175,133. On the right: Victoria, British Columbia - Area: 2,341; Population: 345,164.

Tips for Asking a Building Official if a Project Will be Permitted

1. Call the office first and ask what day would be best to come in person.
2. Arrive early in the day – inspectors will generally be in the office first thing, but are away in the late morning and afternoons for site visits.
3. Be polite.
4. Bring your Parcel Identification number from your local Land Title Office and a Building Location Survey
5. Bring photographs, sketches and a construction budget (if you have one)

•  Central Saanich
• Colwood
• Esquimalt
• Highlands
• Langford
• Metchosin
• North Saanich
• Oak Bay
• Saanich 
• Sidney
• Sooke
• Victoria
• View Royal

Are you are a prospective homebuyer in the CRD? If you foresee making improvements to a property ensure that your Purchase & Sale Agreement includes a subject-to clause enabling you to confirm with local building officials that the work will be permitted.

At a minimum, ask the building official these questions

1. Is the area zoned for the intended use?
2. Do my sketches/plans conform to bylaws?
3. Will I need a development permit?
4. Should I apply for any variances?

How to Apply for a Building Permit in the CRD

At this point you have visited the local planning office and tentatively ok’d your project with a building official. Now you must apply for a building permit. You can download permits from most municipalities websites using the links above. This is a CRD building permit:

The homeowners registered on title must go on the first line, followed by civic address. Checking off a selection in boxes 1 and 2 will give authorities a first-glance ability to categorize your project. If you are a contractor filling out an application on behalf of your client obtain a Letter of Authorization from them. This will save hassle when dealing with officials because you will have signed instructions from the homeowner permitting you to act in their place.

The legal description of your property is available from the BC Land Title Office

In the section marked “Architect” I have substituted the name/company of geotech engineers, structural engineers and other certified professions that are directly related to overseeing the proposed work.

Consult with the desk agent at your planning office to determine how much money you will need to pay in permit fees. Once you have finished the permit application and have a cheque attached, hand it off to the planning office and make sure you get a receipt.

My Permit Was Denied. What Now?

So you completed your application form, paid the fee, submitted it to the respective planning office in your region and you have been told “No, we will not permit your proposed improvement to proceed”. What now?

As long as you followed my Tips for Asking a Building Official if a Project Will Be Permitted you should have some recourse. You will not have received a notice stating “You will never, ever be allowed to do this” if you checked with the planning office first.

Often when a permit application is rejected the planning office will prescribe a set of steps allowing you to re-submit your application. Perhaps your plans need to be altered to accomodate property set-backs. You might need to upgrade electrical or plumbing systems in a home prior to installing an addition. Do not give up on the first try and work with your planner and contractor until your plan is approved.

What Happens if I Proceed Without a Permit?

You paid for your land decide that you can proceed without permission from the building and planning authority. What is the worst that they can do?

Site Visit

Do you remember how stressful and expensive the permit application and approval process was? So does your neighbour, who went through the entire process 2 years ago when they decided to build a new front-entry and deck. They painstakingly worked with their architect, plumber, electrician, general contractor and building official to make the project work and they remember every tooth-pulling second of it. If hammers start swinging at your property then count on your neighbour to contact the local building department and report you.

An official will visit and ask what you are doing, suggesting that you need a permit. You have 2 options:

1. Put down your tools, offer the inspector a coffee, plead ignorance and profusely apologize that you started work without a permit. BE POLITE! Let the inspector know that you will not continue until the required paperwork is in place to proceed. Tell them you will follow up personally to satisfy their concerns.
2. Stop Work Order

Stop Work Order

Your work is so fargone that a smile and coffee can’t help you. Wires are hanging out of the ceiling, pipes are exposed, 2 workers are reefing on a lam beam that you wanted to replace and mini-excavator is at the bottom of a hole where the living room carpet used to be. The inspector will issue a “Stop Work Order”, effective legal notice instructing that no further work may proceed on the property. The Order will usually reference a specific portion of the building code that has been violated. You’ll be required to visit the planning office with a complete description of work to date (including the excavator in the living room). Meet with an official and ask them to prescribe the steps you need to take to start work again and complete your job.

Trades Must Confirm Work is Permitted or Risk Losing Money

If a homeowner or general contractor hires you to complete a portion of work it is best practice to contact the local planning office and confirm the work is permitted.

There are several good reasons to do this, the first one being familiarity with building officials. If the local inspectors and planning departments know that you are diligent about checking legality prior to starting work, they will be happy to meet you once you introduce yourself on site during inspections. This immediately legitimize syourself and your company with the authorities.

The second most important reason is money. Suppose the homeowner you’ve been asked to build an addition for is paying you by way of a 2nd mortgage they have recently financed. A typically renovation mortgage will be granted on a “draw” system – the homeowner completes a portion of work, submits your invoice to the mortgage company, the mortgage company inspects the job to make sure the work is complete and issues a check to pay the trades.

If the mortgage company inspector arrives at the property to find a stop work order they will not advance funds to the homeowner. You read that correctly: trades won’t get paid until the order is lifted and work ok’d by an official. Can you afford to miss a paycheque?

Don’t run the risk of losing money when a simple phone call could have protected you.

Conclusion

Its pretty straightforward: you have no right to make changes to your home and property. You must consult the local planner before starting any job. If you are concerned that permit fees will be too expensive then it is likely you can’t realistically afford to do the work in the first place. Rule Number One, whether you like them or not, is respect your local building official! They have final say in your project, and you can use the opportunity to build a good relationship that will be useful for years to come.