Illegal or Unauthorized Work on Your Property? What Lower Mainland Homeowners Can Do Next
Maybe a building inspector posted a stop-work order. Maybe a bylaw notice arrived in the mail. Or maybe you're buying or selling, and someone noticed that the basement, deck or addition never had a permit, perhaps done by a previous owner years ago. However it came up, you're now dealing with what people call illegal, unauthorized or unpermitted work. It's stressful, but it's usually fixable. The key is to deal with it early and in the right order. Here's a plain-language look at what usually happens and what you can do.
Requirements vary by municipality; confirm with yours.
Illegal, unauthorized, unpermitted: what's the difference?
People use these words loosely. "Unpermitted" usually means work done without the required building permit or inspections. "Illegal" or "unauthorized" is often used for the same thing, but an "illegal suite" can also mean a use that zoning doesn't allow, even if the construction itself was fine. And "legal non-conforming" is different again: something that was lawful when built or started but doesn't meet today's zoning, which can often continue, subject to limits in the Local Government Act (for example, if the use is discontinued or the building is substantially damaged). Building without a required permit is a contravention of your municipality's building bylaw, and bylaw contraventions can be ticketed or prosecuted as offences. Which label fits your situation affects the fix, so confirm with your municipality.
First: don't make it worse
A few things to avoid right away:
Don't keep working. Building bylaws in Burnaby, Surrey, Richmond and elsewhere say no one may start or continue construction that needs a permit without one.
Don't remove a posted stop-work order. Richmond's building bylaw, for example, specifically prohibits tampering with or removing one.
Don't ignore the deadline. Read the notice carefully for dates and contact details.
Don't keep changing the space. If rooms or layouts have been altered from what was approved, hold off on further changes until you know what the permit history shows.
Don't assume the contractor was right. In Vancouver, the municipality says the homeowner pays even if a contractor said no permit was needed.
What usually happens next with unauthorized work
A common path is: work stops, the owner applies for a permit for the work already done, and the municipality may ask for proof that the work complies, such as independent testing or engineer reports, at the owner's expense. Vancouver and Burnaby both spell this out in their building bylaws. Depending on the case, the municipality may instead require work to be corrected or removed, and a permit isn't guaranteed.
Often the issue is a space that's been altered from what was approved over the years: a garage, basement or storage area converted to living space, walls moved, rooms added, or a changed use. The starting point is the same: check the permit history to see what was approved, and get measured as-built drawings of what's there now. Confirm the requirements with your municipality.
If the work can't be made to comply, the other option is to remove it or change it, for example restoring the approved layout. A demolition permit may be needed.
The steps to legalize unpermitted work
The first steps are where most of the paperwork, and most of the mistakes, happen. That's the part Archivolt takes off your plate once you hire us.
We review your situation and the municipal records. We look at the notice and pull the permit history for your property, so you know what was approved and what wasn't.
We check zoning and do a title search. We confirm what's allowed on your lot and see what's registered on title. Permit history and open enforcement files come from the municipality's records (step 1).
We measure and prepare as-built drawings. We perform the site measurements, record how the space differs from what was approved, and prepare drawings to your municipality's submission requirements.
We prepare, file and track the permit application (or the removal or demolition application), and answer the municipality's questions as they come up. Where the municipality or code calls for an engineer or other registered professional, we coordinate with them.
Remedial work. If testing, reviews or corrections are needed to bring the altered spaces into line, your licensed contractor and trades do the work. We guide you through what the municipality is asking for.
Trade permits and inspections. Electrical, gas and plumbing work usually needs its own permits. Check whether your municipality or Technical Safety BC issues them; Vancouver, for example, issues its own. We guide you or your contractor through to final inspection.
Clear the record. Once the work passes and the inspector reports it fixed, the municipality files to cancel any notice on title (see below).
What it can cost
A permit for work that has already started often costs more. This "double fee" is a higher permit fee, not a fine. A few examples:
Vancouver: double the permit fee, at least $500 and at most $20,000. Confirm with the municipality.
Burnaby, Richmond and Coquitlam: the bylaws double the permit fee when construction started before the permit was issued. Confirm with your municipality.
Surrey: an extra charge equal to 100% of the permit fee (Building Bylaw 17850, s.101). Surrey's website also says fines can be issued to the property owner and to contractors or employees on site, ranging from $400 to $50,000 for each offence. Confirm with the municipality.
Fines may also apply elsewhere, and amounts vary; confirm with your municipality.
Notices on title
If a building inspector finds that work needing a permit or inspection was done without one, they can recommend that council file a notice on the property's title. This is under section 57 of the Community Charter, or section 336D of the Vancouver Charter in Vancouver.
It isn't automatic. The owner is notified and gets a chance to be heard by council, and council has to pass a resolution directing the notice to be filed. A notice on title is public; Surrey says it's available to potential buyers, lenders and insurers.
The good news: under section 58 of the Community Charter (and s.336D in Vancouver), once a building inspector reports that the problem has been fixed, the municipality must file to cancel the notice, and the Land Title Office cancels it.
Buying or selling a home with illegal or unpermitted work
Sellers: BC's real estate regulator, BCFSA, treats a lack of proper municipal permits as a "material latent defect". Realtors must disclose it to buyers, and can't keep acting for a seller who instructs them not to make that disclosure. Many sellers use a Property Disclosure Statement (it isn't mandatory); answer honestly and get legal advice.
Buyers: in Vancouver, owners are responsible for unpermitted work even if a former owner did it. Elsewhere, a new owner can generally be required to deal with it; confirm with your municipality and a lawyer.
Lenders and insurers: unpermitted work can raise questions. Ask your insurer and lender directly.
What about a Board of Variance?
A Board of Variance can sometimes allow a minor variance to things like setbacks or height where following the bylaw would cause hardship. It can't change permitted use or density. It can't approve unsafe construction or waive building code requirements. In some cases the building code allows an "alternative solution" that shows the same level of performance as the code, often prepared by a registered professional and accepted by the municipality. That may be possible; confirm with your municipality.
If you're a contractor
Ask about permits before you start. Bylaws generally put the duty to get permits on the owner, but contractors aren't off the hook. Surrey's bylaw applies to "any person", and Surrey says fines can go to the owner and to contractors or employees on site. A posted stop-work order applies to everyone on the lot.
Stop when a stop-work order is posted.
Check the permit history if the space looks altered from what was approved (a converted garage or basement, moved walls, added rooms), and plan for permit research, drawings and trade permits in your schedule and price.
For further information, see our guide for contractors: Found Illegal or Unpermitted Work on a Job Site? A Contractor's Guide for the Lower Mainland
FAQ
Is unpermitted work the same as illegal work? Not exactly. Building without a required permit contravenes your municipality's building bylaw, and that can be an offence under the bylaw. In Surrey, for example, it can lead to tickets or prosecution. It's a municipal bylaw offence, not a Criminal Code offence, but it can still go to court, and many cases are resolved through the permit process: a permit for the existing work, a higher permit fee where one applies, and in some cases fines. "Illegal" can also mean a use that zoning doesn't allow, which may need more than a permit to fix. Work that met the rules when it was built but not today's zoning is usually "legal non-conforming", which is different. Confirm the details with your municipality.
Will I have to tear out illegal work? Not always. Many owners can apply for a permit for the existing work and make corrections. If it can't comply, removal may be required.
Is the double fee a fine? No. It's a higher permit fee. Fines are separate.
Will a notice on title stay forever? Not necessarily. Once an inspector reports the issue has been fixed, the municipality files to cancel it.
Who do I need besides Archivolt? Possibly an engineer, licensed trades, and for title, court or disclosure questions, a lawyer.
Does every municipality have the same rules? No. Requirements vary by municipality; confirm with yours.
Let's sort it out
Illegal or unpermitted work is a lot easier to fix with a clear plan, good records and accurate drawings. Archivolt is a permits and drafting company. We help homeowners and contractors across the Lower Mainland research permit history, prepare as-built and permit drawings, and file permit applications. We don't provide engineering or legal advice, and approval is always up to your municipality, but we'll help you get there in the right order.
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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