The Building Code Act, 1992 (Ont.) establishes the legislative framework for regulating the construction, renovation, change of use, and demolition of buildings in the province. Each municipality in the province is responsible for the enforcement of the Act in its area of jurisdiction. The Chief Building Official is the key municipal official in this realm.
Section 8(1) of the Building Code Act, 1992 provides that:
No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official.
At Wood Bull, we are skilled at the interpretation of zoning by-law and Building Code provisions and routinely provide advice to our clients on such matters. In addition, we represent clients in resolving disputes which they may have with municipalities (zoning and building department officials) as to the interpretation of zoning and Building Code provisions. We also assist clients with respect to conditional building permit agreements.
Section 25(1) of the Building Code Act, 1992 provides that:
A person who considers themself aggrieved by an order or decision made by the chief building official, a registered code agency or an inspector under this Act (except a decision under subsection 8 (3) not to issue a conditional permit) may appeal the order or decision to the Superior Court of Justice within 20 days after the order or decision is made.
We have experience in appeals under section 25(1) of the Act on behalf of clients who are seeking building permits and on behalf of clients who have challenged the issuance of building permits. We have also represented clients who have been affected by orders issued pursuant to the Building Code Act, 1992
, such as Orders to Comply.