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Article - Demolition Permit Guide

Demolition Permit Guide

A Building Permit is required to demolish an existing building or structure greater than 10m2. A Demolition Permit may not be required for the demolition of farm buildings as defined under the Ontario Building Code. Where only a portion of the building is being demolished or interior partitions are removed, an alteration permit would be required instead of a demolition permit.

The Demolition Permit Application will be reviewed for safety compliance as well as applicable law including the Demolition Control ByLaw and the Ontario Heritage Act.  Any person who commences demolition prior to the issuance of a Permit shall pay an administrative fee as set out in Schedule "A" of the City of Kingston, Building By-law, in addition to any other penalty imposed under the Building Code Act.

This Guide is intended as a reference document to assist with your Demolition Permit Application and explains the process once a permit application is submitted. Please note that failure to submit a complete permit application may result in delays in issuing the permit. It is an offence to demolish a building or structure without a Demolition Permit. If you have any questions about the Demolition Permit Application process, contact the building department at 613-546-4291 ext. 3280.

Application Submission and Permit Requirements:

  1. Demolition permit applications must be submitted online through DASH. Application Fee: Refer to fee schedule
  2. A current plan of survey or site plan indicating:
    1. Dimensions of property and lot size
    2. Location of building(s) proposed to be demolished and all other buildings on the lot.
  3. Confirmation that the building or property is not a designated or listed heritage property.
  4. Proof that a Designated Substance Report (DSR) has been completed. See Duty of project owners under section 30(1) through (6) of the OHSA
  5. Health Unit approval from KFL&A for confirmation of no infestation.
  6. Proof that arrangements have been made with the proper authorities for cutting off all services (Utilities Kingston Form for removal of services available from building department to be submitted or e-mail verification from Union Gas that services have been removed or cut off) 
  7. Written confirmation that the site will be backfilled and graded with clean fill material and that all private drain connections will be excavated and properly sealed at the property line.
  8. Confirmation of vacancy or safety of occupants as per Div.C.1.3.1.1 (4) of the Ontario Building Code

Approximate Timeline

Based on the building category as set out in the Ontario Building Code and if the building proposed to be demolished is not a designated or listed heritage property: 

  1. House: First review ten business days
  2. Small buildings: First review fifteen business days
  3. Large buildings: First review twenty business days
  4. Complex buildings: First review thirty business days

Professional Engineer Requirements

Under the Ontario Building Code, the applicant for a permit respecting the demolition of a building shall retain a professional engineer to undertake the general review of the project during demolition, where:

  1. The building exceeds three storeys in building height or six hundred square meters in building area.
  2. The building structure includes pre-tensioned or post-tensioned members.
  3. the demolition work will extend below the level of footings of any adjacent building and occur within the angle of repose of the soil, drawn from the bottom of such footings, or
  4. Explosives or a laser are to be used during demolition.

Encroachment

It is the responsibility of the owner to ensure that the appropriate Encroachment Permit is obtained prior to the demolition of a building. Call 613-546-4291, ext. 3130.

Wells

Abandonment of a well shall be done in accordance with the Ontario Well Water Regulation #903. Copies of the regulation may be obtained from www.e-laws.gov.on.ca

Notice of Project

The Occupational Health and Safety Act and Regulations require the demolition contractor to register with the Ministry of Labour for work that involves the demolition of buildings at least 4m high with a floor area of at least 30m². The Ministry of Labour is to be contacted at 1-877- 202-0008 or you can file your Notice of Project (if applicable) through the Ministry’s website.

Demolition Control

Where the building to be demolished is located within the Area of Demolition Control as defined in the Demolition Control Bylaw (2020-151), Demolition Control approval from the Planning and Development Department is necessary. As well, Demolition Control approval will be required if the building is designated under Part IV or Part V of the Ontario Heritage Act. Application forms are available at 1211 John Counter Boulevard or online, together with the requirements for submissions. Before making an application, you should discuss your proposal with Planning and Development department staff.

Property Tax Adjustment

Property owners/ratepayers are advised that tax adjustments are not automatic and must be applied for after the actual demolition has occurred. Application must be filed with the City prior to February 28 of the year following the year of demolition. For details regarding the application process, phone the City Tax Department at 613-546-4291 ext. 2015. (Section 357 of The Municipal Act provides authority to apply for an adjustment of property tax when a demolition has occurred).  Download the tax adjustment application.

Development Charge Credits

A reduction in development charges under the bylaw(s) is allowed in the case of a demolition or redevelopment of a residential, non-residential, or mixed-use building or structure, provided that the building or structure was:

  1. Occupied within the prior five years or,
  2. A demolition permit has been issued within five years prior to the issuance of a building permit for redevelopment of the lands.

For more information please refer to the Development Charges Bylaw (2019-116) for development fee reductions.

Required Inspections

An Inspection is required at the completion of the demolition of the structure.  The Building Inspector's name and phone number are identified on the building permit and inspections must be arranged 24 hours in advance.  All inspections can be requested through DASH with a mobile device or computer.

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