Change of use permit

A buyer who plans to convert premises, for example from retail to restaurant, may meet this term. Whether a permit is needed turns on the hazard test in the Building Code, not on the label for the new business. Ask the municipality early, and read how to check municipal zoning compliance for the separate zoning question.

What Ontario law says

Section 10(1) of Ontario’s Building Code Act, 1992 says that, even though no construction is proposed, no person shall change the use of a building or part of a building, or permit the use to be changed, if the change would result in an increase in hazard as determined in accordance with the building code, unless the chief building official has issued a permit. The Building Code (O. Reg. 332/12) exempts a person from that permit where the change in use results from proposed construction and a permit under section 8 of the Act has been issued for the construction. It also exempts a change of use of a building in unorganized territory.

What to ask

• What use the building’s permits and drawings record for the space today.
• Whether the municipality treats the planned use as an increase in hazard.
• Whether the work involves construction needing a section 8 building permit, since the Code exempts a change of use that results from that construction.
• Which other approvals the municipality issues for the space; see certificate of occupancy.

This entry covers Ontario only; check the rules where the business is.