Certificate of occupancy

Restaurants, clinics and retail stores are tied to a space, and municipalities such as Winnipeg and Mississauga regulate how a space may be used. You may meet this term when the lease, the seller or the city refers to an occupancy approval. The two cities below use different documents, so ask which one your city means.

Two cities, two meanings

Winnipeg says a building occupancy permit identifies how a space can be used, and that under its Building By-law it is your responsibility to get a permit before occupying a space. Mississauga describes a Zoning Certificate of Occupancy as a permit approving a new use or a change of use under its Zoning By-law, and says it does not approve a change of use under the Ontario Building Code. Other municipalities are not covered here, so check with the city.

What to check or ask

• Which approval the city requires for this use, and whether the current one covers it.
• Whether the buyer’s planned change of use needs a new approval.
• Whether the approval is on file with the city; start with municipal zoning compliance.
• How a long-standing use fits current zoning; see legal non-conforming use.