 When can I build my new fence, deck, pool, patio or shed? |
Homeowners should not install any landscaping or construct any structures which may alter the grading and/or drainage to their lot or neighbouring lots, until the grading has been completed by the Developer and certified by the Consulting Engineer. This is to ensure the Builder can perform work to complete grading and finish works within the subdivision. If you build a fence before the Consulting Engineer has approved the grading, your Builder may ask you to remove the fence. For more information, contact the Planning, Design and Development department at 311. |
| If a fence requires repair, is it up to the City to fix it? |
Fences, retaining walls and noise walls that may have been installed by the Developer or the Builder are the property of the Homeowner. The Homeowner is responsible for arranging to pay for any repairs after the City has assumed responsibility of the subdivision.
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| How do I determine where my lot boundaries are for installing a fence? |
When you purchased your home, a lot survey map that details the boundaries of your lot was included with your Purchase and Sale Agreement. If you no longer have the survey, contact your Real-Estate Lawyer. If you are not the original owner of the home, please contact an Ontario Land Surveyor (OLS) as found in the yellow pages.
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| Do I need a permit to build a deck, fence, pool, or shed? |
A permit is required to build a deck, pool fence enclosure or any type of building. For more information, contact the Building Division.
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| What will my fence look like when it is installed? |
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| Who is responsible for installing the fence between my property and the City Park? |
The City requires developers of new communities to install chain link fences on private property abutting neighbourhood and community parks situated on tableland (flatland). The exception to this would be if the property abuts a playing field.
The City also requires that developers install chain link fences on private property abutting municipally owned or conservation authority owned natural areas (woodlots, valley lands). For more information, please contact the builder directly.
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| Can I ask the builder to put a gate in my fence to provide access to a City Park? |
A gate is permitted to promote park use. Gates are typically installed between private property and neighbourhood or community parks in new subdivisions by the Developer. A gate however is not permitted between private property and woodlots, valley lands or conservation areas.
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| What can I do about changing the fence that the builder installed? |
Once the subdivision has been assumed, changes to the fence are the responsibility of the property owner and must fall within the conditions established by Zoning services. In addition, changes must not prevent the developer from delivering aspects of the subdivision that he is bound to provide in his agreement with the City.
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| Can I change the location of the gate that the developer installed? |
The developer builds gates where the City feels they are appropriate. Residents may change the location of the gate at their own expense. The gate must meet City standards. Contact the Open Space Design & Construction section of the Planning, Design and Development Department.
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| I want to install a fence on my property line and have my neighbour pay for part of it but my neighbour is not co-operating. What options do I have? |
Prior to July 2006, the City Clerk’s Office administered applications on behalf of property owners, under the Line Fences Act, to apportion the costs of the installation or repair of adjoining fences. Effective July 2006, the City no longer administers these applications. Also, the City is not involved in recouping any of the costs associated.
In place of the arbitration process available under the Lines Fence Act, the City has enacted a Division Fence By-law 172-2006. A step-by-step procedure is outlined on the back of the by-law to assist property owners in reaching an agreement with their neighbours and/or recovering costs associated with the construction of a fence. As per the process, if there is no resolution, the property owner is guided to initiate a prosecution in small claims court.
Additional options available:
The property owner may decide to absorb the full costs of the fence installation and:
- Erect the fence entirely on his/her property. If this is the case, then no part of the fence (including the post holes and posts) may touch the property line and no notice is required to the adjoining owner.
Or
- Erect the fence on the property line. In this case, the owner should notify the adjoining owner of his/her intentions to build a fence on the property line at no cost to the adjoining owner.
For more information, contact the Secretary-Treasurer of the Committee of Adjustment.
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| I just purchased a new home in a new subdivision, am I entitled to a fence? |
Please refer to the Community Information Map provided to you at the time of closing the sale of your home, or contact the builder or your lawyer for a copy.
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