Some demolitions on lands within the Niagara Escarpment Plan (NEP) are exempt from the Developmental Permit Application process. 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 demolition exempt?
The demolition of all or part of a dwelling, building, or an accessory structure to a dwelling, building, or general agricultural development, is exempt if, upon completing development, the following conditions are met:
- The dwelling, building or structure or the part to be demolished has a total floor space not exceeding 93 square metres (1001 square feet). A demolition exceeding 1001 square feet of a building or structure cannot proceed without a Development Permit. This refers to the total floor area above grade (i.e., if a building has two storeys, both storeys count in the calculation). This does not include areas that are fully below grade (e.g., basements). Walkout basements are included in this calculation.
- The dwelling, building, or structure that is to be demolished:
- Is not designated under the Ontario Heritage Act as being of historic or architectural value or interest,
- Is not intended to be designated under the Ontario Heritage Act as being of historic or architectural value or interest, according to a notice of intention to designate published under the Act, and
- Is not otherwise recognized under any Act or any municipal by-law as being historically or architecturally significant.
- Is not designated under the Ontario Heritage Act as being of historic or architectural value or interest,
- The site on which the demolition occurs is levelled and covered with topsoil of sufficient depth to support the growth of vegetation. The site must be restored to a natural condition upon completion of the demolition.
- Any waste material resulting from the demolition is reused on the site or removed and disposed of at a waste disposal site approved to receive that kind of waste. Building materials may not be burned or buried on site.
This exemption does not include the following:
- The demolition of buildings or structures accessory to commercial, industrial, agricultural-related, or on-farm diversified uses. If you are unsure of the use of the building or structure, please refer to these definitions in Appendix 2 of the Niagara Escarpment Plan, found here.
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.
- It is the responsibility of the landowner to conduct due diligence of the Ontario Heritage Act, local municipal register of heritage properties, and any other applicable Acts or by-laws. The NEC would suggest contacting the local municipality to determine if the building or structure proposed for demolition is of historic or architectural value or interest.
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:
20. The demolition of all or part of a dwelling, a building or structure accessory to a dwelling or a building or structure accessory to general agricultural development, if all the following conditions are met:
i. The dwelling, building or structure or the part to be demolished has a total floor space not exceeding 93 square metres.
ii. The dwelling, building or structure or the part to be demolished,
A. is not designated under the Ontario Heritage Act as being of historic or architectural value or interest,
B. is not intended to be designated under the Ontario Heritage Act as being of historic or architectural value or interest, according to a notice of intention to designate published under that Act, and
C. is not otherwise recognized under any Act or any municipal by-law as being historically or architecturally significant.
iii. The site on which the demolition occurs is levelled and covered with topsoil of sufficient depth to support the growth of vegetation.
iv. Any waste material resulting from the demolition is reused on the site or removed and disposed of at a waste disposal site approved to receive that kind of waste under the Environmental Protection Act or the Environmental Assessment Act.
(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.