The first question always asked when someone calls into a municipal office about building something on their property is, “Do I need a permit?” Most often the answer is “Yes, both.” Most people don’t realize that the majority of municipal offices require the submission of two permits for development.
If your municipality has adopted a zoning bylaw, then you will need to submit a development permit application to request if you are allowed to build what you want to build on your property. The provincial government has created legislation that allows municipalities to control what you build on your property, to make sure land uses are compatible.
The development permit will require a site or plot plan showing where you want to build the structure, the dimensions of the building and how far away you intend to build to from the property lines. When you submit the development permit, the municipality is comparing your application with the land uses outlined in the zoning bylaw, the setbacks, the sizes and heights of the structure and it is usually black and white: does it meet the requirements or not? Why, you ask? Well, let me use an example, in a Residential Zoning District, the intended land uses are houses and accessory structures like garages, sheds, decks and the like. The municipality starts hearing complaints when people don’t keep the residential areas as residential, which is why bed and breakfast applications are always so controversial.
If your municipality has adopted a building bylaw, then you will need to complete a building permit, which the municipality will forward to their building inspector to make sure that what you’re proposing to build meets the National Building Code. The NBC outlines the minimum building standards and code that all construction must meet. The NBC was adopted to protect public safety, such as making sure that the house you’re constructing doesn’t fall in while you’re sleeping. In order for the building inspector to review what you’re proposing, you will be required to submit construction plans that show the type of material you’ll use and how you plan to construct the structure.
There are a few exceptions to these rule, such as if the building is to be used for agricultural uses on a farmstead, or if the structure is less than 100 square feet total. However, some municipalities may still require permits for these types of structures, so it is best to contact your local administrator or planner to ask whether you need to submit permits before you intend to build.
— S. Yvonne Prusak is a municipal planner with a number of municipalities in Northwest Saskatchewan, and specializes in land use planning and development.
