Some see construction permits as an unnecessary level of bureaucracy, cost and frustration, but the temptation to go without should be resisted. A landscape designer relates the story of clients who called him in to design their garden area after 60 per cent of their new house had been constructed. Part of the landscape design included a mortared flagstone concrete-based terrace (which required an additional review by a structural engineer). When the general contractor was ready to build the terrace, the planning department from the City of Toronto stepped in and put a hold on all construction, citing that the terrace exceeded a certain square footage and now required a zoning review, in addition to a building permit. Imagine the wrath of homeowners living in their partially completed, million dollar new home who are now technically squatters because the building permits cannot be closed off pending zoning approval.

A permit is the city or region’s formal permission to begin construction. It means the city has approved plans for any new structure, renovation or removal of trees. Permits protect the landscape contractor and designer from potential liability issues and ensure a construction project is carried out in a structurally correct and publicly safe manner. Obtaining the required permits, or even determining what permits are required, is a common source of frustration for many landscape contractors.

In preparing this article, it became apparent that the confusion over permits is mainly a regional issue, with the eye of the storm located (no surprises here) in the Greater Toronto Area. Consultant Kent Ford, CLD, says that for the most part, knowing what permits to obtain and how to go about getting them comes from experience and an ability to ask the right questions to the right person. There are basic permits that most cities and municipalities require, such as public works encroachment (any hardscape on a city boulevard over two feet high), ravine control by-laws put in place to protect the environment and there may be regulations regarding traffic issues on corner lots and fence height restrictions. If you are designing or building a structure, such as a large deck, raised terrace or substantial retaining wall, assume it is an accessory to the house that needs to be reviewed in the same way as building construction. For those contractors who have been building decks, cabanas, fences and retaining walls for years and assume they are familiar with the building or zoning guidelines, Ford’s advice is to check before building, as the codes and guidelines are constantly being revised. “My main advice is to start as high up as you can in the planning and zoning departments,” says Ford. “Give them a general scope of the project, even if the details aren’t yet known and ask ‘What are the departments I need to approach to do this?’” By starting at the top of the pyramid, contractors can gather all the information necessary to obtain the correct permits and avoid delays that come from lack of communication.

One reason for the confusion over permits and approvals is that the Ontario Building Code is not uniformly applied across the province, explains Ron Koudys, CLD of London. “It is open to interpretation by each different city or municipality.” He adds that the issue of how the Building Code applies to the landscape is still being resolved. “Originally the Building Code to applied only to buildings, but then ramps were added to the Code, then decks attached to houses, and so on. As the Code continues to evolve, landscaping is becoming more regulated.”

Ford says that his knowledge of the permit requirements is a direct benefit to his clients. “Once I am retained as a design consultant, I begin to let clients know about the permits that will be required for their design. Sometimes the design of a project will change to bypass certain approvals.” Citing the elements that influence his design, Ford notes the client’s needs are first, followed by cost, with satisfying municipal approvals a close third. Reluctantly, he admits that on some projects the overriding fact influencing his design are the approvals required by the City of Toronto. While very few people choose to ignore Ford’s advice, if a client insists on building his design without permits, he has them sign off to that effect. In London, Koudys, too, admits that, “adhering to the Building Code and required permits may encumber design flexibility, but designers must remember the regulations are in place for practical reasons.” Koudys says often the homeowner doesn’t want to pay the permit fee or go through the time-consuming regulatory process, but he says: “Obtaining permits is the correct way to approach the construction process. The reason I am on the job is to look out for the best interest of the homeowner. I don’t ask anymore, but go ahead and obtain the necessary permits for the project.

“The way I explain it to clients is that their construction permit is extra insurance, it binds the city to the project,” says Koudys, adding: “If someone gets hurt using the landscape in the intended way, the city is on the hook for the damage if the appropriate approvals were obtained.”

Part of the problem, Ford feels, is that landscape contractors accept the fact that they come into the building process as an afterthought, unaware there are a number of approvals necessary before work can begin. “There is a need for all landscape designers and architects to be involved at the first stage of planning a house or renovation. That way, plans can be drawn at the same time and permits can all be addressed at once.” When the landscape designer or contractor is called in as an afterthought and submits drawings to the city for approval, Ford explains that all processes stop until all approvals are resolved. “From the client’s perspective, the most sensitive aspect is the timing of their project. If the landscaping portion of their project causes delays to the entire construction process, it can be costly and unpleasant. I have seen projects tendered and contractors all ready to get started, but no permits were applied for and issued, and the entire project is delayed substantially.” When discussing the permit process, Ford says he makes it very clear to clients that his design fee does not cover acquiring permits. “To obtain permits for clients, I bill for my time on an hourly basis, as coordination with the city departments can be very time consuming and difficult to estimate.” He adds that the amalgamation of Metro Toronto has not improved permit approval efficiency in the least. For those still confused, Ford recommends consulting a Certified Landscape Designer (CLD) who will help contractors prepare the correct drawings and negotiate their way through the stages of the approval process.

“Not going after the necessary approvals and permits can be costly and embarrassing,” notes Koudys. “I have had experience with contractors building what they wanted to, but then the building inspector drops in unexpectedly and the contractor has to redo parts of the project. I have been called in to try and fix projects that weren’t built to code, but often they have to be deconstructed and rebuilt.”

In one case Koudys remembers, a contractor’s client dismissed the idea of permits, however once construction was completed, a building inspector dropped by and determined that the deck railing was below standard. As a landscape designer, Koudys was called in to help salvage some of the work and money the contractor had invested in the project. Despite the fact the homeowners had turned down the idea of permits, they refused to pay for the additional cost to get the railing up to code, with the result that the contractor lost money on the project.

• A list of possible permits
  Kent Ford gives an idea of just some of the permits that may be required.