Some decks, porches, patios, and verandas 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 deck, porch, patio, or veranda exempt?
A deck, porch, patio, or veranda associated with a single dwelling is exempt if, upon completing construction, the following conditions are met:
- The total surface area covered by the patio, deck, porch or veranda does not exceed 56 square meters. The total surface area refers to the footprint of the development, or the development area on the ground as viewed from above. A multi-level deck may have a total area that is greater than 56 square meters, but the footprint must be within this size limit. Note: This limit represents the total of all existing decks, patios etc. plus the proposed new structure associated with the lot and dwelling. If the total of existing and new will exceed 56 square meters, then a Development Permit will be required.
- The side yard depth of the lot on which the construction occurred is at least 1 metre.
- The rear yard depth of the lot on which the construction occurred is at least 7.5 metres.
- The front yard depth of the lot on which the construction occurred is at least 10 metres. 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 10-metre setback requirement from two or more sides of the dwelling.
- If the dwelling is located on a lot that contains part of the Escarpment brow, the deck, porch, patio, or veranda is set back at least 10 metres from the location of the brow on the lot. The Escarpment Brow, as defined in the Niagara Escarpment Plan, is “the uppermost point of the Escarpment slope or face.” For this exemption, the setback is only required if the brow is formed by a rock cliff or vertical wall of rock.
This exemption does not include the following:
- Any patio, porch, deck, or veranda that is not connected to or immediately adjacent to (e.g., a patio) the single dwelling.
- Extensions/additions to accessory structures and/or pools.
- The demolition and reconstruction of existing decks, porches, patios, and verandas, including like-for-like replacements unless the demolition meets the exemption for demolitions, and the replacement meets the total maximum of 56 square meters for all existing (including the replacement) structures.
- The construction of fully enclosed and habitable extensions in a single dwelling.
- Coverings and roofs for deck, porches, patios, and verandas that are not connected to the single dwelling.
- A retaining wall required to level an area for a patio.
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 have questions about the above rules, please contact NEC staff by emailing nec@ontario.ca.
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:
21. The construction of a patio, porch, deck or verandah as an extension to a single dwelling if, on the completion of the construction, all the following conditions are met:
i. The total surface area covered by the patio, deck, porch or verandah does not exceed 56 square metres.
ii. The side yard depth of the lot on which the construction occurred is at least one metre.
iii. The rear yard depth of the lot on which the construction occurred is at least 7.5 metres.
iv. The front yard depth of the lot on which the construction occurred is at least 10 metres.
v. If the dwelling is located on a lot that contains part of the Escarpment brow as defined in the Niagara Escarpment Plan in which the brow is formed by a rock cliff, the patio, porch, deck or verandah is set back at least 10 metres from the location of the brow on the lot.
(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.