3. Building permits

Many people believe that lawyers ensure that all the necessary building permits are issued for the property. This is not correct.

Most lawyers will contact the building department to ensure that occupancy is legal. Occupancy is legal if an occupancy permit has been issued by the building department.

An occupancy permit will not be issued unless a final inspection has been completed on the dwelling at the time of construction and the outstanding permits are passed. If this search is not completed, most lawyers will purchase a policy of title insurance to insure over the risk that there is no occupancy permit for the property.

This is not the same as ensuring all the necessary building permits are in place. A lawyer cannot possibly know if there has been any additions to the original structure. A lawyer cannot know if a previous or current owner has done any electrical, plumbing or structural work to the dwelling that would require a permit. A Purchaser must satisfy themselves that any changes to the property are done correctly and that, if required, permits have been issued.

The first step is to ask the Seller if any changes have been made and whether permits were obtained. A warranty to that effect could be inserted into the agreement. If there's been obvious work done (like an addition), then advise your lawyer and/or contact the municipality to ensure the work has a completed and passed permit and complies with the relevant zoning by-law. If the property is located in a place where there are additional land use and development authorities (Niagara Escarpment Commission, Credit Valley Conservation Authority, etc..) then ensure those authorities are also contacted to ensure the development complies with their regulations. Finally, it goes without saying that a home inspection is essential.

Its hard navigating through the buying and selling process. Call or email Tammy Woods to help you! She has a fantastic system that will guide you through the process.   

If you need to retain a Real Estate Lawyer, please contact:

Jason A. Self, B.A. (Hons), L.L.B.

Stutz & Associates

269 Broadway

Orangeville, ON, L9W 1K8

Tel: 519-941-7500

Fax: 519-941-8381

email: jself@wstutzlaw.com

web: www.wstutzlaw.com