New Ontario Building Code Exemption (160ft sq) - Explained

Why discuss if permits are necessary?

We discuss the necessity of permits in regards to structures between 108 ft sq and 160 ft sq not because a belief is held that permits are only cumbersome, but rather when not having to obtain permits, costs can stay low, there is more flexibility in design and in placement of the structure on the property, the structure can be factory built without additional costs associated with various standards, and the structure can be portable.  Thus, a more economical and flexible product can be made available to the consumer.  Safety standards are still implemented through jurisdictional laws when structures are legally constructed without permits.  For example, a structure built under 108 ft sq in Ontario, Canada can still only be built up to 13.1 ft tall in most cases.  In this example, parameters such as height and area are still regulated by the law to keep structures safe even if built under 108 ft sq

The point we are trying to make

Below, we deduct a logical conclusion that the changes to the Building Code allow an exemption for building permits for sheds up to 160 ft sq where they are used only for storage.  Further, where any other use of a shed or building over 108 ft sq for purposes other than storage still requires a permit. Thus, making an important understanding that if one wishes to use a structure (over 108 ft sq) for purposes other than storage, a permit is then needed.  The key point to remember while you read the discussion below, is the point of “storage only”.

The focus of the discussion

We discuss the recent changes to the Ontario Building Code where sheds up to 160 ft sq are now exempt from permits.  Within this change, the discussion focuses primarily on how a structure can be used within this exemption, or in other words “use”.  We lightly discuss other conditions for the exemption as they are mentioned within the code, however we put less focus on these conditions as they are secondary to the point we are making in the discussion.

Lastly, even though the code is described in units of square meters, we discuss the code in units of square feet for reasons of familiarity for the reader.  We round the conversion to the nearest square foot.

There are 3 parts to our discussion.  Let’s begin!

The Ontario Building Code Act 1992 defines a building as a structure greater than 10 meters square (approx 108 ft square).  Below is an excerpt from the act.

Building Code Act 1992

1 (1) in this Act, “building” means,

(a)  a structure occupying an area greater than ten square meters consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,

(b)  a structure occupying an area of ten square meters or less that contains plumbing, including the plumbing appurtenant thereto

Therefore, a structure less than 108 ft sq not containing plumbing is not considered a building by definition as per the Ontario Building Code Act 1992.  

The Act states that a “building” cannot be constructed without a permit.

8 (1) 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.  1992, c. 23, s. 8 (1); 1997, c. 30, Sched. B, s. 7 (1).

Since in Part 1 we read that a building is a structure over 108 ft sq, we now know a permit is needed for a building (over 108 ft square).  We also know a structure less than 108 ft square without plumbing does not need a permit because the structure is not considered a “building”.

Recently the Ontario Building Code was amended to exempt sheds up to 160 ft sq from the requirement to obtain a permit under section 8 mentioned above.  However there are certain conditions for exemption.  See excerpt below:

1.3.1.1. of Division C of the Regulation is amended by adding the following Sentence:

(6) A shed is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code, provided that the shed,

(a) is not more than 15 m2 in gross area,

(b) is not more than one storey in building height,

(c) is not attached to a building or any other structure,

(d) is used ONLY FOR STORAGE purposes ancillary to a principal building on the lot, and

(e) does not have plumbing.

Since a “shed” over 108 ft square is considered a building as per the Ontario Building Code Act 1992, the Act would otherwise apply making a permit necessary.  However the changes to the Building Code outlined above now allow a “shed” (or building) to be built up to 15 meters square (160 ft sq approx) without a permit, providing it is only used for storage and the other conditions mentioned above.  

Any structure constructed over 108 ft sq is considered a building and will still require a permit in Ontario if it is used for any reason other than storage.

This point is further supported on the City of Toronto website https://www.toronto.ca/services-payments/building-construction/apply-for-a-building-permit/when-do-i-need-a-building-permit/ under sub heading “when is a building permit required” (bullet point number 4 and 5), and sub heading “when is a building permit not required” (bullet point 16)