A Conditional Permit (CP) is a type of building permit that may be issued where not all of the approvals required for a building permit have been received. CPs are generally used for larger development applications.
A CP is issued at the discretion of the Chief Building Official (CBO) when the applicant can show that the outstanding applicable law approvals are in the process of being obtained, and the approval timeframes are causing unreasonable construction delays.
A CP application is not a fast track system nor does it circumvent the technical reviews necessary to ensure public health and safety standards are being met. Before a CP application can proceed, a request for a CP must be made in writing. This request and supporting documents will be reviewed to ensure that a development application meets the criteria for CP issuance.
This CP application guide is a reference document only. It does not include an exhaustive list of criteria required for the issuance of a CP and does not limit the discretion (set out in subsection 8 (3) of the Building Code Act, 1992) of the CBO in deciding whether to issue a CP.
Requirements under the Building Code Act, 1992
CPs are permitted under subsection 8 (3) of the Building Code Act, 1992. No person is entitled, or has a right, to obtain a CP. The issuance of a CP is strictly within the discretion of the CBO and may only be issued if the following requirements have been met:
- the proposed construction has achieved compliance with all zoning requirements and any interim control by-laws enacted under section 34 and 38 of the Planning Act,
- the proposed construction has achieved compliance with the applicable laws set out in sentence 1.3.1.5 (1) of Division C of the Ontario Building Code,
- the CBO must be of the opinion that unreasonable delays in the construction would occur if a CP is not issued, and
- the owner, and any other person the CBO deems appropriate, must enter into a CP agreement with the City (this has been delegated to the CBO and Deputy Chief Building Officials) whereby all of the risk in undertaking the construction without a building permit is borne by the recipients of the CP. This risk includes removing any construction and restoring the site to its original state if a building permit is not obtained in the timeframe set out in the agreement.
Additional requirements
- Building Permit Application An application for a full building permit must already be applied for and permit documents must be complete.
- Zoning Compliance Zoning compliance must be achieved including the removal of any holding provisions.
- Ontario Building Code and Applicable Law The application is determined to follow the Ontario Building Code, including the “applicable law” list that must be met before a CP may be issued.
- Status of Construction A request for CP will not be considered unless the previous stage of construction or demolition has been substantially completed.
- Above Grade CP Request A CP request for above grade construction may be considered if:
- the Notice of Approval Conditions document (NOAC) has been issued by City Planning, and
- the below grade construction is substantially completed.
- Above and Below Grade CP Request A CP request for both above grade and below grade construction may be considered when:
- the Notice of Approval Conditions document (NOAC) has been issued by City Planning,
- any proposed below grade construction does not exceed two storeys below grade, and
- the proposed below grade construction will reach grade within a specified timeframe acceptable to the Chief Building Official.
Step one:
Commence discussions with the City’s Plan Review staff on the merits of requesting a conditional permit – please contact the Manager of Plan Examination in the Toronto Building District where the proposed development project is located to start the process.
Step two:
Submit a written request for a CP. The written request should include:
- Sufficient information explaining the circumstances as to why an unreasonable delay in construction would occur if the CP is not issued;
- Scope of the construction project;
- Applicable law(s) from the Ontario Building Code which have not been satisfied;
- Steps which have been taken to resolve the outstanding applicable law(s) and the time required to obtain these approvals;
- An up-to-date construction schedule for the entire project, supported by a letter from the general contractor to confirm the ability to carry out construction in accordance with the construction schedule; and
- Any other documentation required to demonstrate that an unreasonable delay will occur if the CP is not issued.
- Proof that all requirements have been met.
Step three:
Following review of the written request, the Plan Review Manager will notify the owner whether or not a CP application can be accepted.
Step four:
If advised that the CP application can be accepted, complete and file a Building Permit Application Form 
for the CP
Processing Times:
Following the application for a Conditional Permit, there is an approximate 30-day processing time.
Requests for CPs will not be considered within 30 days of a scheduled increase to the City’s development charges rate or the educational development charges rate.
Notice of scheduled rate increases will be posted on the Development Charges web page.
