In a condo, the City is not the only approval you need. Your corporation’s governing documents and the Condominium Act, 1998 decide what you may change and how, the City decides which work needs a permit, and the work has to respect the neighbours who share your floors, walls and elevators. This guide covers what to sort out before work starts on a Toronto condo kitchen, bathroom or layout change.
1. Read your declaration, by-laws and rules
Each corporation has its own governing documents, a declaration, by-laws and rules, and owners, residents and the corporation itself must follow them along with the Condominium Act. Where they conflict, the Act comes first, then the declaration, the by-laws and the rules. The Act lets a declaration restrict how units and common elements are used, and lets the board make rules on the use of units and common elements to protect safety and prevent unreasonable interference, as long as those rules are reasonable.
Before you plan anything, check two things:
- Where your unit ends. The condo’s registered description sets the boundaries of each unit, so confirm whether the walls, floor, ceiling and pipes you want to change belong to your unit or to the common elements, which include shared parts such as hallways, elevators and piping.
- How approval works. Ask the board or management what process your building uses for renovations and what documents it needs from you.
2. Get board approval, and a section 98 agreement for common elements
The Condominium Authority of Ontario says owners generally must ask the board to approve a renovation, and may need to provide supporting documents. For work inside your unit, the approval process comes from your declaration and rules. Changes to the common elements fall under section 98 of the Condominium Act, which lets an owner add to, alter or improve the common elements, as long as the change does not breach the Act or the declaration, only if:
- the board approves it by resolution;
- you and the corporation sign an agreement that splits the cost and sets out who is responsible for repair after damage, maintenance and insurance;
- where section 97 would apply if the corporation made the change itself, its rules are met, which can mean notice to all owners with a copy of your agreement or, for a substantial change, a vote in favour by owners of at least 66⅔% of the units.
The agreement takes effect only once the corporation registers it on title to your unit, and it binds future owners. If you do not keep to it, the corporation can add its costs to your common expenses. For common elements you have exclusive use of, such as a balcony, the section 97 steps (notice or a vote) do not apply if the board is satisfied the change will not harm other owners’ units, cost the corporation money, detract from the building’s appearance or breach the declaration, and, for a structural change, an engineer’s certificate confirms the structure is not affected. Changes that would affect the building’s structure or other owners’ safety are unlikely to be approved.
3. Expect building rules for contractors, hours and flooring
Each corporation sets its own process, so none of these is universal, but they are common:
- A formal renovation application. Expect to describe the scope of work, the materials, who will do it and when it starts and ends. Some buildings also inspect the unit before and after the work, or require approved contractors.
- Insurance. Buildings may ask for your contractors’ insurance details, typically liability insurance and workers’ compensation coverage.
- Working hours. Contractors may only be allowed to work at set times, typically weekdays during business hours.
- Elevators and deposits. You may need to reserve an elevator whenever materials move in or out, and leave a refundable deposit against damage to the common areas.
- Flooring. Condominium Authority Tribunal decisions describe buildings that require hard flooring to sit on an acoustic underlay, set minimum sound ratings (55 in two of them) and ask for the product’s specifications or proof of purchase. One building’s manual warns that new floors that cause noise complaints may have to be covered or removed at the owner’s expense.
Toronto’s noise by-law also applies. Clearly audible construction noise is not allowed from 7 p.m. to 7 a.m. on weekdays, before 9 a.m. or after 7 p.m. on Saturdays, or at any time on Sundays and statutory holidays. Your building’s hours may be stricter.
4. Check which work needs a City permit
Board approval and a City permit are separate. In Toronto, you need a building permit to add or remove walls, to install or modify plumbing or heating systems, or to demolish part of a building. Replacing windows or doors also needs one in any building other than a detached, semi-detached or row house with a single dwelling unit. Repairing or replacing plumbing fixtures, adding or replacing insulation, and installing cabinets and millwork do not need a permit.
So a condo kitchen remodel or bathroom remodel that replaces fixtures in the same spots may not need a building permit, while moving a sink, toilet or shower changes the plumbing system and does. Adding or removing walls, for example to make better use of the space, needs a permit too, and in a condo the wall or what runs through it may be a common element, which brings in the board and possibly section 98.
Toronto warns that skipping a required permit can lead to delays, legal action or the removal of completed work. Outside Toronto, check your own municipality’s rules; the Condominium Authority of Ontario notes that municipalities typically require permits for structural changes, plumbing and electrical changes and exterior work.
5. Use licensed trades and update your insurance
Electrical work needs an ESA permit of its own, apart from any building permit. If you hire someone for electrical work in Ontario, it must be a Licensed Electrical Contractor or an electrician who works for one. The contractor files the notification of work with the Electrical Safety Authority, has the work reviewed and then receives an ESA Certificate of Acceptance, which your insurer may ask for and which can matter when you sell. Look for the ECRA/ESA licence number on the contractor’s vehicle and estimate.
In Toronto, a business that does plumbing contracting or repairs must hold a City Plumbing Contractor licence. And tell your insurer about the renovation: under the Condominium Act, the corporation’s insurance does not cover improvements made to a unit, judged against the building’s standard unit.
6. Protect your neighbours and the common areas
The Condominium Act bans any activity in a unit or the common elements that is likely to damage property or injure someone, and any activity that creates unreasonable noise that is a nuisance to others. It also requires owners to take reasonable steps to make sure the people they bring in, including their agents and employees, follow the Act, the declaration, the by-laws and the rules. That includes the trades you hire.
- Tell the neighbours beside, above and below you when the loudest work, such as demolition, drilling and hammering, is planned.
- Protect the elevator, hallways and doorways along the route, and keep them clean.
- Plumbing work deserves extra care, since water can reach the units below and the cost of the damage may fall on you or your contractor.
- Keep copies of the board approval, permits, ESA certificate and insurance documents; when you sell, buyers and their lawyers may ask for proof that the work was approved.
7. Know where disputes go
The Condominium Authority Tribunal handles disputes about nuisances such as noise and vibration, even where the governing documents do not mention them, as well as disputes over pets, vehicles, parking, storage and records. Whether noise crosses the line depends on where it comes from, how loud and long-lasting it is, how often it happens and how it affects your use of your unit. In the three Tribunal flooring decisions mentioned above, the complaint failed because the evidence did not show the noise was unreasonable.
The Tribunal cannot hear disputes about agreements to change the common elements, repair and maintenance disputes, or board decisions. Under the Condominium Act, a disagreement over a section 98 agreement goes to mediation and then arbitration, and so does a disagreement about the declaration, by-laws or rules that falls outside the Tribunal’s scope. Some matters go to the Superior Court of Justice.
How MKC can help
MKC Group renovates condo kitchens, bathrooms and layouts across Toronto and the GTA, acting as general contractor and project manager with one team from the first drawing to the final walkthrough. Our engineering department prepares the drawings and engineering letters and applies for the permits, working alongside the crews who build, and electrical work is done by ECRA/ESA-licensed electrical contractors. Financing is available on eligible projects through Financeit, which sets approval, rates and terms. Call (647) 637-6052 or request a free estimate.