The three orders
| Order | What it does |
|---|---|
| Order to comply | A written notice stating the violation, the corrective action required (usually getting a permit) and a deadline |
| Stop work order | All construction stops immediately and the order is posted on site. Continuing after it is issued is a separate offence with daily fines |
| Order to uncover | Finished work must be opened up at the owner’s expense so the inspector can verify what was built |
Note who carries the cost in every row. The permit is between the municipality and the property owner. If your contractor talked you out of pulling one and then moved on, the order still arrives with your name on it.
What are the fines?
Under Ontario’s Building Code Act, the maximum penalties on conviction are commonly reported as:
| Who | First conviction | Subsequent |
|---|---|---|
| Individual | up to $50,000 | up to $100,000 |
| Corporation | up to $500,000 | up to $1,500,000 |
Daily fines can accrue for a continuing contravention, and continuing work after a stop work order is treated more harshly than the original offence.
An honest note on these figures: they are maximums a court may impose, not what a homeowner typically pays for an unpermitted deck, and we are quoting them from legal commentary rather than reading them to you from the statute. If you are facing a charge, that is a conversation for a lawyer or a licensed paralegal, not a directory website.
How do they find out?
Rarely from an inspector driving past. Usually from one of these:
- A neighbour complains. This is the most common trigger by a distance, and it does not need to be a serious complaint.
- A different permit application. You apply for something legitimate and the file shows work nobody approved.
- The sale. The buyer’s lawyer asks the municipality for open permits and orders. Unpermitted work surfaces at the least convenient hour of the transaction.
- An insurance claim. A fire or a flood is investigated, and undisclosed work comes up during the claim.
Can I get a permit after the work is done?
Yes. Ontario municipalities accept retroactive applications that describe the work as built, and the review follows the normal process. This is the right move in almost every case, because the alternative is that the problem waits for you at resale.
What to expect:
- You will likely need drawings prepared from the existing construction.
- Inspectors may require finishes to be removed so hidden work can be verified. This is the order to uncover, arriving voluntarily rather than under compulsion.
- Some municipalities, including Toronto, charge a work-without-permit surcharge on the application fee. Check your own city’s published fee schedule.
- If the work does not meet the Building Code, you fix it. That is the point of the exercise.
Going to the municipality yourself, before anyone complains, is a materially different conversation from being found. Building departments deal with this regularly and they would rather have compliant work than a prosecution.
What it costs you at resale
This is where unpermitted work actually bites most Ontario homeowners.
A buyer’s lawyer routinely asks the municipality for a search of open permits and outstanding orders. A finished basement with no permit, a deck nobody approved, a bedroom where a garage used to be — any of it can stall a closing, trigger a price reduction, or end with the buyer requiring the work to be legalized before completion, on your dollar and on their timeline.
Insurers also ask. An undisclosed renovation can complicate a claim, and a second unit that was never registered can affect coverage on a rental.
Red flags when a contractor raises permits
| What you hear | What it means | What to do |
|---|---|---|
| “You don’t need a permit for this” | Maybe true, maybe convenient. The rule is municipal and checkable | Call your building department yourself and describe the work |
| “It’s faster without one” | It is faster for them. The risk transfers entirely to you | Decline. The permit protects the person who owns the house |
| “We’ll do it cash, no paperwork” | No permit, no receipt, no warranty, no recourse | Walk away and keep looking |
| Permit responsibility not named in the contract | Silence defaults the responsibility to the homeowner | Write into the contract who applies and who books inspections |
| Drywall going up before any inspection | Framing, plumbing and electrical are inspected before they are covered | Stop and confirm which inspections have passed |
| “Nobody checks” | Nobody checks until a neighbour complains or you sell | Decide with that timeline in mind, not this month’s |
Frequently asked questions
Maximum penalties under the Building Code Act are commonly reported as up to $50,000 for an individual on first conviction and up to $100,000 after, with far higher maximums for corporations. These are court maximums, not typical outcomes.
It can. Buyers’ lawyers routinely search for open permits and outstanding orders, and unpermitted work can stall a closing, reduce the price, or have to be legalized before completion at the seller’s cost.
Permits are issued to the property owner, so orders come to you. Name permit responsibility in the contract before work starts, and confirm the permit was actually issued rather than taking someone’s word for it.
Yes. Ontario municipalities accept retroactive applications describing the as-built work. Expect to provide drawings, expect inspectors to want hidden work exposed, and expect a possible work-without-permit surcharge on the fee.
A municipal order requiring you to remove finishes such as drywall, insulation or flooring so an inspector can verify hidden construction. The cost of opening the work and putting it back falls on the property owner.
The municipality can issue an order to comply, a stop work order, or an order to uncover finished work at your expense. Fines are available on conviction, and the work usually has to be legalized or removed either way.
Sources
- PermitIndex, Building without a permit: fines and how to legalize, 24 July 2026 — permitindex.ca
- DefendCharges.ca, Offences and penalties under the Ontario Building Code — buildingcode.legal
- Building Code Act, 1992 — ontario.ca/laws
This guide summarises published rules in plain language on 18 September 2026. It is not legal advice. For an order or a charge, talk to a lawyer or a licensed paralegal.
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