Proposed Interim Changes to the 2012 Building Code to exempt sheds from Building Code requirements
O. Reg. 332/12
Regulation - Minister
Bill or Act:
Building Code Act, 1992
Summary of Proposal:
Ontario's Building Code (O. Reg. 332/12) is a regulation under the Building Code Act, 1992 which sets out minimum administrative and technical requirements for new construction, renovation and change of use of buildings.
An amendment is proposed to provide more flexibility for property owners who want to store their equipment and other belongings in sheds that are slightly larger than 10 m2, a key Building Code minimum threshold to determine when a structure is considered a building.
The Ministry is seeking input on potential amendments that would exempt sheds that are under 15 m2 in area from Building Code requirements.
Currently, if a shed is 10 m2 in area or smaller (and does not include plumbing), it does not require a building permit and is not required to comply with the Building Code because it is not considered to be a building as defined in the Building Code Act. On the basis of size alone, therefore, storage sheds that are larger than 10 m2 need building permits and need to meet the technical requirements in the Building Code for buildings.
Municipal zoning by-law requirements must be met whether or not an auxiliary structure, like a shed, is deemed to be a building and subject to Building Code Act requirements. These local requirements, that differ from one municipality to the next, can include whether one or more auxiliary structures can be placed on a property and setbacks of those structures from property lines.
Proposed amendments would, if made, add an exemption to provide that a person does not need to obtain a building permit under section 8 of the Building Code Act and to provide that a shed does not need to comply with the technical requirements that apply to a building in the Building Code provided that the shed:
A. Has an area of less than 15 m2
B. Is no more than one storey high
C. Is not attached to a building
D. Is located at least 3m away from other buildings and structures (this would include fences)
E. Is used only for storage of relevant household/property-related items (it is ancillary to the primary building on the lot, for example, a house).
F. Does not contain plumbing
Analysis of Regulatory Impact:
Work is currently underway analyzing possible administrative and compliance costs to municipalities, businesses and individuals that may result from this regulatory proposal. To inform this analysis we encourage you to provide your feedback.
February 9, 2022
Comments Due Date:
March 12, 2022
Ministry of Municipal Affairs and Housing
Building and Development Branch
777 Bay Street