Some developments on lands within the Niagara Escarpment Plan (NEP) are exempt from the Developmental Permit Application process, including accessory structures that meet certain criteria. Landowners within the NEP are encouraged to use the following Exemption Self Assessment to determine if their development is exempt and approval from NEC is not needed.
For more information, read the R.R.O. 1990, Regulation 828, which lists the classes of development that are exempt from the requirement of obtaining a Development Permit.
Self Assessment: Is your accessory structure exempt?
The construction of a building or structure accessory to a single dwelling (on the same lot as an existing dwelling) is exempt if, upon completing construction, the following conditions are met:
- The new accessory building or structure or any part thereof is not located between the front lot line and the wall of the dwelling nearest to it, unless the accessory building or structure has a front yard setback of at least 15 metres.
- The new accessory building or structure or any part thereof must be at least one metre from any side line.
- The structure is at least 7.5 metres from the rear lot line.
- The total area covered by all accessory buildings and structures on the property including the proposed new structure, do not exceed 5 per cent of the lot area, or 72 square metres, whichever is the lesser.
- The new accessory building or structure does not exceed a total height of 4.5 metres when measured from the ground to the peak of the roof.
This exemption does not include the following:
- The creation of a secondary dwelling unit (separate living space) in an accessory structure or the establishment of any habitable space.
- A structure for housing livestock.
- The establishment of a commercial or industrial use in an accessory structure.
Please note the following:
- The accessory structure exemption is only permitted if a single dwelling exists on the property.
- Your self evaluation is your confirmation that the development meets the exemption criteria. It is the responsibility of the property owner to ensure that all requirements are met for the exemption. Proceeding with development where a permit would be required may result in compliance actions.
The following classes of development, if listed as permitted uses under the land use policies established in the Niagara Escarpment Plan and not in conflict with a development permit issued under the Act, are exempt from the requirement of obtaining a development permit:
11.3 The construction or extension of buildings or structures accessory to single dwellings, if all the following conditions are met on the completion of the construction or extension:
i. No accessory building or structure or any part thereof lies between the front lot line and the wall of the dwelling nearest to it, unless the accessory building or structure has a front yard setback of at least 15 metres.
ii. No accessory building or structure or any part thereof is less than one metre from any side or rear lot line.
iii. The total area covered by all accessory buildings and structures does not exceed 5 per cent of the lot area, or 72 square metres, whichever is the lesser.
iv. No accessory building or structure exceeds a height of 4.5 metres.
(Excerpt from R.R.O. 1990, Regulation 828)
Do you meet the exemption criteria?
If you meet all criteria, you do not need a Development Permit to proceed.
- A letter confirming your exemption will not be issued by the Niagara Escarpment Commission.
- You can use this page in discussions with your local municipality or conservation authority if permits are needed from them.
- An exemption does not relieve you of any other permission (e.g., Ontario Building Code, Endangered Species Act, Ontario Regulation 172/06 established under the Conservation Authorities Act, etc.).
If you fail to meet all criteria, a Development Permit is required.
- To initiate a Development Permit Application log into the NEC Information System Portal. Use the NEC Information System User Guide for more information.
If you have questions about the application process, contact NEC directly by emailing nec@ontario.ca.