Conditional Building Permit

What is a Conditional Building Permit?

A Conditional Building Permit (CBP) allows construction to start before all required approvals are obtained. This helps prevent delays while ensuring compliance with the Ontario Building Code (OBC) and municipal regulations. The permit is issued at the discretion of the Chief Building Official (CBO). 

Who Can Apply?

A Conditional Building Permit may be issued if:

1. Zoning Compliant – The project meets zoning and by-law requirements.
2. Applicable Law Compliant – The project complies with OBC, environmental, and heritage laws.
3. Unreasonable Delay – The CBO determines that delays would be excessive without a CBP.
4. Agreement with the City – The applicant signs a Conditional Building Permit Agreement accepting risks.

How to Apply for a Conditional Permit

Step 1: Discuss with the Plan Reviewer

Pre-Consult with the Part 3 Plan Examiner to check if your project qualifies. Contact Building Services Division for more information.

Step 2: Submit a Written Request

Your request must include:

• Reason for Delay – Explain why a CBP is necessary to get started with the construction.
• Project Details – Outline scope, milestones, and pending approvals.
• Construction Schedule – Provide a schedule and confirmation from your contractor.
• Supporting Documents – Any additional proof supporting the request.

Step 3: City Review

• The Part 3 Plan Examiner reviews your request.
• If eligible, will need to proceed with an additional application.

Step 4: Submit Full Application

Provide the following:

• Building Permit Application Form
• Non-refundable Conditional Permit Fee
• Proof of Land Ownership (Deed)
• Authorization Form (if an agent applies)
• Commitment to General Review Form
• Construction Plans (Architectural, Structural, Mechanical, Electrical – 3 sets)
• Geotechnical Report (by a professional engineer)
• Letter from Architect estimating site restoration costs (if needed)

City Review & Decision

The Chief Building Official will assess:

1. Unreasonable Delay – Is the Conditional Building Permit necessary to avoid delays?
2. Compliance – Does the project meet zoning and legal requirements?
3. Risk Management – Can the site be restored if approvals are not obtained?
4. Public Safety – Will construction be safe while approvals are pending?

Possible Outcomes:

• Approved: A Conditional Permit Agreement will be issued for signature.
• Denied: If criteria are unmet, the application will be refused.

Conditional Permit Agreement

Once approved, applicants must:

1. Sign the Agreement – Outlines permit conditions and timelines.
2. Provide a Security Deposit – A Letter of Credit (LOC) or cheque to cover potential site restoration costs.
3. Register the CP Agreement on Property Title (if required).

The agreement will specify:

• Full Approvals Deadline – Typically within 12 months.
• Construction Start Date – Work must begin within 60 days.
• Milestone Targets – Example: achieving site grade within a set time.

Processing Time

• Applications are reviewed within 30 business days, depending on project complexity and consultations.

Compliance & Enforcement

The City will monitor compliance, ensuring:

• Work starts within 60 days.
• Construction follows the approved schedule.
• Milestones are met.

Permit Revocation

If terms are not met (e.g., approvals not obtained, construction delays), the permit may be revoked. The applicant must then remove construction and restore the site. The City may use the security deposit or take legal action if necessary.

Reasons for Refusal

A Conditional Building Permit application may be denied if:

• Construction began without a permit.
• CBP terms are not followed.
• The project fails zoning or legal checks.
• The delay is not unreasonable.
• The CBP Agreement is not signed or security deposit is not provided.

Fees & Costs

Discuss applicable fees with the Plans Reviewer during the pre-consultation process.

Important Notes

• No Guarantee of Final Approval – A CP allows construction but does not guarantee full permit approval.
• No Appeal Process – CBO decisions on CP applications are final.

Contact Information

For inquiries, contact the City of Peterborough Building Services Department.

This guide provides general information. Always consult with the Chief Building Official for up-to-date requirements.