Found Illegal or Unpermitted Work on a Job Site? A Contractor's Guide for the Lower Mainland
You quote a basement reno, and the "basement" turns out to be a rented suite that was never permitted. You walk the house and the layout doesn't match what was likely approved: a garage turned into a bedroom, a storage area finished as living space, walls moved or rooms added over the years. The owner says "we don't need a permit for this." Or a stop-work order goes up on the fence halfway through the job. Every contractor in the Lower Mainland runs into illegal, unauthorized or unpermitted work sooner or later. Here's a plain-language look at where you stand, what to do first, and how to get the job back on track.
Requirements vary by municipality; confirm with yours.
The common scenarios
Spaces altered from what was approved. Over the years, rooms or layouts have been changed from what was probably the original permitted configuration: a basement, garage or storage area converted to living space, walls moved, rooms added or reconfigured, or a change of use.
An existing illegal suite. The space you're renovating is a suite that was never permitted, or a use that zoning may not allow.
"No permit needed." The owner tells you a permit isn't required when it is.
A previous owner's work. Your client bought the house with additions or a suite already in place.
A stop-work order on site. The municipality has already stepped in.
Each one changes the scope, the schedule and the paperwork. That paperwork is where Archivolt comes in.
Where you stand as a contractor
The duty to get permits is generally on the owner, but contractors aren't off the hook.
Surrey: the building bylaw says "no person" may start or continue construction without a permit, and applies to "any person" who contravenes it. Surrey's website says fines can go to the property owner and to any contractors or employees on site, ranging from $400 to $50,000 for each offence (the higher amounts through prosecution, not tickets). Once a stop-work notice is posted, the bylaw says the owner "and every other person" must stop all construction on the lot immediately.
Vancouver: the Vancouver Building By-law says the contractor must make sure work is carried out in line with the by-law, and must not carry out work against a stop work order (Div. C 1.4.2.3 and 1.4.2.5). These quotes come from the City of Vancouver's convenience copy, so confirm with the City. The double permit fee for starting without a permit falls on the owner, and Vancouver says the homeowner pays it even if the contractor said no permit was needed. That's a conversation you want early.
Burnaby and Richmond: their building bylaws also say "no person" may start or continue construction without a permit, and Richmond prohibits tampering with or removing a posted stop-work order. Confirm with your municipality.
Building without a required permit is a municipal bylaw offence, not a Criminal Code offence, though it can be ticketed or prosecuted.
What to do first when you find it
If a stop-work order is posted: stop. In Vancouver (VBBL Div. C 1.4.2.5) and Surrey (Building Bylaw 17850 s.98), for example, the building bylaws say so in plain terms, and other municipalities have similar rules. Don't remove or tamper with the notice; Richmond's bylaw, for example, prohibits that.
Beyond that, here's some practical advice (not legal requirements) that keeps you protected:
Pause the affected part of the work.
Photograph and document what you found, with dates.
Tell the owner in writing what you found, and that a permit or professional review may be needed.
If the space doesn't look like it matches what was approved, note the differences (rooms, walls, use) before you change anything further.
Don't assume today's layout was ever approved. Find out what the permit history shows before you price or start.
Check the permit history. Some municipal records need the owner's authorization, so get it in writing.
Don't rely on the owner's "no permit needed". Confirm with the municipality.
How Archivolt helps once you bring us in
You build. We handle the drawings and the permit paperwork so the job can move again. Once you or the owner hire us:
We research the property. With the owner's authorization, we pull the municipal records and permit history and check zoning, to establish what the records show was approved and what has changed since.
We measure and prepare as-built drawings. We perform the site measurements, record what's there now (including how it differs from the approved layout), and prepare drawings to your municipality's submission requirements.
We prepare and file the permit application as the owner's authorized agent. Permit applications are generally made by the owner or someone authorized to act for them, so we set up the owner's authorization properly. Confirm the forms with your municipality.
We liaise with the municipality. We track the application and answer the plan reviewer's questions as they come up, so you're not stuck on the phone.
We coordinate the engineer. Where structural or other work needs a registered professional, we help you or the owner engage one and coordinate their input with our drawings.
We guide you through inspections, including what the municipality is asking for to bring the altered spaces into line.
Whether existing work can stay is up to the municipality, and it may require corrections or removal.
Engineers, Letters of Assurance and what we don't do
Under the BC Building Code (Div. C 2.2.7.1), some work needs design and field review by a registered professional, with Letters of Assurance. In a house, that can include structural components outside the scope of Part 9, such as some beams carrying concentrated loads. Municipal building bylaws also let the building official ask for engineer reports when compliance can't be determined.
Archivolt is a permits and drafting company. We don't seal drawings, sign off structural work, issue Letters of Assurance, or give engineering or legal advice, and approval is always up to the municipality. We coordinate with the professionals who do.
Trade permits: check who issues them
Gas: Technical Safety BC issues most gas permits (gas installation permits in most of the province), but its site says to check with the municipality instead in Burnaby, Maple Ridge, North Vancouver, Richmond and Vancouver (and Kelowna). A homeowner gas permit generally isn't available when someone is being paid to do or help with the work, or when part of the home is rented, and only applies to a fully detached home the owner lives in. Confirm with Technical Safety BC or your municipality for each job (this covers most residential gas work).
Electrical: Technical Safety BC issues most electrical permits, but its site says to check with the municipality in Burnaby, Maple Ridge, North Vancouver, Surrey, Vancouver and West Vancouver (and Victoria). Confirm for each job.
Plumbing: usually from the municipality. In Coquitlam, a ticketed plumber must do the plumbing for secondary suites; owners can't do it themselves.
Major rebuilds: if a fix turns into rebuilding most of the house, it may be treated as a new home. Generally that's when 25% or less of the original structure above the foundation remains, or 75% or more of the home is new. It can trigger home warranty and builder licensing requirements. BC Housing decides case by case, so check with BC Housing.
Business licence: Vancouver's permit form says all contractors need a valid business licence. Check your licence requirements with each municipality.
Protecting the job (practical advice)
None of this is a legal requirement; it's just good practice:
Put any change in scope in writing.
Price permit research, permit delays and drawings as a contingency.
Get the owner's written direction before you proceed.
Talk to your lawyer or industry association about contract wording.
Common mistakes
Working after a stop-work order is posted.
Taking "no permit needed" at face value.
Assuming the current layout or use was approved because it's been that way for years.
Letting the owner pull a homeowner gas permit when a suite is rented or you're being paid to help.
Assuming Technical Safety BC issues every gas permit.
Assuming your drafting or permit consultant can sign off structural work. Where the BC Building Code calls for a registered professional, for example structural components outside Part 9, you need one (Div. C 2.2.7.1).
FAQ
The space has been altered from what was approved. What do I do? Pause the affected work, tell the owner in writing, and get the permit history checked. We can compare what was historically approved with measured as-built drawings of what's there now, and prepare the application to deal with the difference. Confirm the requirements with your municipality.
Can I apply for the building permit myself? Usually the applicant is the owner or the owner's authorized agent. Confirm with your municipality.
Who pays the higher fee for work started without a permit? In Vancouver, the by-law puts the double fee on the owner. Other municipalities differ, so confirm with yours. In Surrey, the municipality says fines can also go to contractors or employees on site.
Can Archivolt sign off on the structure? No. We prepare drawings and applications and coordinate with a registered professional who can.
Is unpermitted work a criminal matter? No. It's a municipal bylaw matter, though bylaw contraventions can be ticketed or prosecuted. Surrey's bylaw, for example, makes them offences.
Does every municipality have the same rules? No. Requirements vary by municipality; confirm with yours.
Let's keep your job moving
When you hit illegal or unpermitted work, or spaces altered from what was approved, the best way forward is usually a clear plan, accurate drawings and a properly filed application. Archivolt is a permits and drafting company. We help contractors and homeowners across the Lower Mainland with as-built drawings, permit applications and municipal liaison.
It starts with that first call or email: Call 604-442-4255 · Text/WhatsApp 604-649-2425 · Email info@archivolt.ca · Web archivolt.ca
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