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NEC Exemptions: Additions

Some additions to single dwellings on lands within the Niagara Escarpment Plan (NEP) are exempt from the Developmental Permit Application process as long as they 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 addition exempt?

An addition or extension to a single dwelling is exempt if, upon completing construction, the following conditions are met:

  1. The height of the extension or addition is equal to or less than the height of the original dwelling.
  2. The total surface area occupied by all extensions or additions to the original dwelling including the proposed new extension or addition is equal to or less than 93 square meters. The total surface area refers to the ground footprint of the extension or addition, or the area of the surface when the extension or addition is viewed from above. It does not refer to the total living space area of the storeys or levels included in the extension or addition, such as a basement or a second floor. 
  3. The extension is least 4.5 metres from the nearest side lot line.
  4. The extension is at least 7.5 metres from the rear lot line.
  5. The extension is at least 15 metres from the front lot line. Any portion of the property that directly abuts a road is considered a front yard. If you have a corner lot or a curved property frontage, this may result in a 15-metre setback requirement from two or more sides of the dwelling
  6. If the yard depth of the lot on which the single dwelling is situated was less than the yard depth conditions described above before work on the extension was begun, the yard depth of the lot, determined in relation to the extension alone, meets the conditions described above. This means that if the yard depth from either side of the dwelling is less than the minimum setback requirements before the construction of the extension or addition, then the extension or addition can only be constructed if it is no closer to the lot lines than the original dwelling.

Please note the following:
  • 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.
  • If you intend to build a deck, porch, patio, veranda, or an accessory structure, please refer to the corresponding evaluation sheet.
  • The addition of a deck, porch, patio, veranda, or the extension of an accessory structure. Please see the specific exemption sheets for those activities.
If you have any inquires about the above rules, please contact NEC staff by emailing nec@ontario.ca.

5. 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:

11.1 The extension of a single dwelling if, on completion of the extension, the height of the extension does not exceed the height of the original dwelling, the total surface area occupied by the extension does not exceed 93 square metres and the dimensions of the extension are such that either,

i. the yard depth of the lot on which the extension occurred meets the following conditions:

A. the side yard depth is at least 4.5 metres,

B. the rear yard depth is at least 7.5 metres, and

C. the front yard depth is at least 15 metres, or

ii. if the yard depth of the lot on which the single dwelling is situated was less than the yard depth described in sub-paragraph i before the extension was begun, the yard depth of the lot, determined in relation to the extension alone, meets the conditions described in subparagraph i.

(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.

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