Some development on lands within the Niagara Escarpment Plan (NEP) are exempt from the Developmental Permit Application process, including pools, hot tubs, and spas that meet certain criteria. Landowners within the NEP are encouraged to use the following Exemption Fact Sheet to see if their development is exempt and approval from NEC is not needed.
For more information, read 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 pool, spa, or hot tub exempt?
The construction of an outdoor swimming pool, spa or hot tub accessory to a single dwelling – including an associated deck, pump, filter or heater – is exempt from the Development Permit process if all the following conditions are met on the completion of the development:
- The water area is at least 2.5 metres from the nearest lot line. “Water area” is defined as the closest edge of the surface water to the nearest lot line.
- Any associated pump, filter or heater is at least one metre from the nearest lot line.
- The maximum water area is 93 square metres in the case of a swimming pool and 13 square metres in the case of a spa or hot tub.
- Municipal swimming pool, spa or hot tub fencing, and safety requirements must also be met.
- If the swimming pool, spa or hot tub is located on a lot containing part of the “Escarpment brow” as defined in the Niagara Escarpment Plan in which the brow is formed by a rock cliff, the water area of the swimming pool, spa or hot tub 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:
- The construction of a Pool Cabana or other building associated with the pool. See the Accessory Structures Exemption webpage to determine if this structure is exempt.
- A retaining wall to support the pool.
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.
- NEC interprets the water area of the pool (93 square metres) vs a spa or hot tub (13 square metres) to mean that swim spas (pools with moving water for exercising) are included in the area limit for pools and that “spa” is meant to be analogous to a hot tub – small structures in which people recline in hot water. Thus, swim spas can be exempt up to the same size as a “pool”.
- Pool Cabanas: If a pool cabana is also proposed, it is not addressed in this exemption criteria. Please refer to Evaluation Sheet: Construction, Extension of Buildings or Structures Accessory to Single Dwellings and R.R.O. 1990, Regulation 828 Paragraph 5, Section 11.3 to see if it may be exempt.
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Retaining Walls: If a retaining wall is proposed, please see R.R.O. 1990, Regulation 828 Paragraph 5, Section 35 (x).
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:
16. The construction of an outdoor swimming pool, spa or hot tub accessory to a single dwelling, including an associated deck, pump, filter or heater, if all the following conditions are met on the completion of the development:
i. The water area of the swimming pool, spa or hot tub is at least 2.5 metres from the nearest lot line.
ii. Any associated pump, filter or heater is at least one metre from the nearest lot line.
iii. The maximum water area is 93 square metres in the case of a swimming pool and 13 square metres in the case of a spa or hot tub.
iv. Municipal swimming pool, spa or hot tub fencing and safety requirements are met.
v. If the swimming pool, spa or hot tub is located on a lot containing part of the Escarpment brow as defined in the Niagara Escarpment Plan in which the brow is formed by a rock cliff, the water area of the swimming pool, spa or hot tub is set back at least 10 metres from the location of the brow on the lot.
Exerept taken from: 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.
1. Property Location
Is your property within the Area of Development Control
If you have questions about the application process, contact NEC directly by emailing nec@ontario.ca.