| Building By-Law |
| By-law No. 2025-29 - Building By-law came into effect April 28, 2025. |
| Additional Dwelling Units (ADUs) |
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Additional dwelling units (also known as ADU's, second residential units, SRU's, second units, accessory or basement apartments, secondary suites, carriage houses, laneway suits, and granny suites/in-law flats) are self-contained residential units with kitchens and bathroom facilities, that are located within dwellings or within accessory structures (i.e: within a detached garage). Please see graphic below for representation of what area classifies a primary unit vs. an additional dwelling unit.
| Where Are Additional Dwelling Units Permitted? |
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Additional dwelling units are permitted where a single dwelling is listed as a permitted use within the Township's Zoning By-law. Generally, single unit dwellings, as defined, are permitted within the following zone categories:
- General agriculture (A1) zone;
- Residential 1 (R1) zone;
- Residential 2 (R2) zone;
- Residential 3 (R3) zone;
There are two types that can be considered:
- Within a single detached dwelling (single unit dwelling); and/or
- Within a building accessory (i.e.: detached shed or detached garage) to the said dwelling
The general provisions for second residential units, are contained within Section 3.48 of the Zoning by-law, as detailed below:
3.48 ADDITIONAL DWELLING UNITS
The provisions of this section shall apply to all additional dwelling units, unless specified by type directly herein.
(a) Additional dwelling units shall be permitted in ROWHOUSE DWELLING, SEMI-DETACHED DWELLING, SINGLE DETACHED DWELLING, and STREET ROWHOUSE DWELLING.
Rowhouse dwellings, semi-detached dwellings, single detached dwellings and street rowhouse dwellings containing an additional dwelling unit on the date of the passing of this by-law, may continue to be used for that purpose if a building permit has been issued under sections 8 or 10 of the Building Code Act, 1992, S.O. 1992, c.23 permitting the erection, alteration, occupancy or use for the additional dwelling unit, and if the additional dwelling unit complies with the regulations of the Fire Protection and Prevention Act, 1997, S.O. 197, c.4.
(b) No building or structure shall be erected or used for any purpose permitted by subsection 3.48 unless a municipal water supply system or private water supply system and a municipal sanitary supply system or private sanitary supply system are available to service the use.
(c) A maximum of two (2) additional dwelling units shall be permitted per lot; including a maximum of one (1) additional dwelling unit in the primary dwelling and a maximum of one (1) additional dwelling unit in an accessory structure.
(d) An additional dwelling unit shall not be permitted on a separate lot of record from the primary dwelling unit that it is accessory to.
(e) An additional dwelling unit shall not be permitted within or upon regulated hazardous lands unless permission and/or a permit has been obtained by the associated Conservation Authority having jurisdiction for that area.
(f) An additional dwelling unit may be permitted in an accessory structure on the same lot as the primary dwelling unit.
(g) An additional dwelling unit in an accessory structure shall be located within the farm building or residential building cluster on lots zoned A1 and A3.
(h) An additional dwelling unit in an accessory structure shall be required to meet the regulations of the zone which apply to accessory uses.
(i) The floor area of each additional dwelling unit(s) shall not exceed 40% of the total habitable floor area of the primary dwelling unit.
(j) An additional dwelling unit shall have its own exterior entrance separate from the exterior entrance to the primary dwelling unit, but shall not be permitted on an elevation, or façade of the dwelling unit that faces the frontage of the primary dwelling unit in the R1 and R2 Zones; and shall have no means of internal access to the primary dwelling unit.
(k) The minimum of one (1) parking space is required for each additional dwelling unit. Notwithstanding the provisions of subsection 3.38 (h)(iii), a parking space for an additional dwelling unit may be located in tandem with parking spaces provided for the primary dwelling unit.
(l) Additional dwelling units shall be required to conform to all Ontario Building Code and Ontario Fire Code Regulations.
To review the Township of Southwold's Zoning By-law, please visit our Zoning page.
To confirm whether an additional dwelling unit or other type is permitted, please contact the Township Planner by email or call the Township office at 519-769-2010.
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| Building Permit Information |
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Each building can have a different set of circumstances that may affect the design of the additional dwelling unit. Part 9 of the Ontario Building Code (OBC) applies to the design and creation of additional dwelling units. Specifically the sections of the OBC listed below must be addressed while designing a proposed additional dwelling unit:
- 9.4 Structural requirements
- 9.5 Design of area, spaces and doorways
- 9.7 Windows, doors and skylights
- 9.8 Stairs, ramps, handrails and guards
- 9.9 Means of egress
- 9.10 Fire protection
- 9.11 Excavation
- 9.31 Plumbing facilities
- 9.32 Ventilation
- 9.33 Heating and Air Conditioning
When a second unit is created, the OBC requires a distinct physical separation between the individual dwelling units. This can be demonstrated by submitting plans to the Township's Building Department, that confirm the existing conditions meet OBC requirements, or, that the proposed new construction /renovation will meet OBC requirements.
A qualified designer will be able to assess the current construction of a building, and prepare the appropriate drawings to accompany a building permit application.
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Process For Occupancy of Additional Dwelling Units
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A building permit provides official permission from the Township to start construction of your additional dwelling unit project. The building permit means that the Township has reviewed your project, and is satisfied that the proposed work meets the requirements of the Ontario Building Code, and other regulating documents such as the Zoning by-law.
Existing additional dwelling units that were constructed without a permit, will require a building permit and inspections, to ensure that the construction meets the requirements of the OBC. This is important, as it ensures that minimum safety requirements are met. Otherwise, all occupants of the building will be exposed to an increased level of risk.
Below is a flowchart to outline the process:
To discuss building permits and the OBC, please contact the Township of Southwold's Building Department.
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Applicable Fees
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Building permit fees are applicable, and area based on the work being proposed for the project. To review our Township's Building Department fees, please visit our User Fees page.
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Electrical Safety and Inspections
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Electrical safety compliance inspections in Ontario are completed by the Electrical Safety Authority (ESA). Your electrical contractor should be familiar the permitting and inspection process.
For more information, you can contact the ESA directly at:
1-877-ESA-SAFE (372-7233)
or on their website: www.esasafe.com
A copy of the ESA final inspection report is required by the Township's Building Department before an occupancy permit can be issued for your additional dwelling unit.
To review the Ontario Electrical Safety Code, please visit their website: https://esasafe.com/role/oesc/
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Legislation
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| Provincial Resources |
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| Regional Resources |
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| Township Resources |
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Building Inspections
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Inspections will be required for building projects, which are completed by our Township Building Department. They must be done at each major phase of the construction.
It is the inspector's duty to make sure that the project is being carried out according to the Ontario Building Code, the building permit and approved building plans. The individual responsible for the project must request each inspection from the inspector with 24 hour' notice. If the Building Official finds work that does not conform to the approved plans or building code, the owner will be advised that the situation is to be remedied. This could include issuance of an order. If the violation is serious enough, the Building Official may post a stop-work order. This will be in effect until the problem is resolved. If work continues on the project, without resolution to the stop-work order, legal action may be taken against the builder/owner.
The builder must bring any proposed changes from the original plan to the attention of the Township Building Department. They need to be reviewed following the same process during the original review, so they can be approved or rejected.
To book an inspection with a Township Building Official, please request through your Cloudpermit account, or call the Office at 519-769-2010.
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Building Permits
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The 2024 Ontario Building Code is now fully in effect.
Getting ready to start your next building or demolition project in the Township of Southwold? Make sure that you have an approved permit to avoid delays or costly fees.
| Applying for a Building Permit |
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Applying for a building or demolition permit in the Township of Southwold is now even easier! We use the online permit software Cloudpermit. All you need to do is create an account, and you can apply for your permit online. Any drawings and related documents for the permit can be uploaded with your application for review by our Township Building Department.
We review all applications for compliance with the Ontario Building Code and any applicable laws. If your application is incomplete, it will delay in permit processing time. We will identify any missing requirements during our review and summarize permit fees, as outlined in our Building and Community Services fees.
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Before you Start
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Make sure that you include the names, addresses, and phone numbers of the owner or authorized agent as well as the builder, demolition contractor, or wrecker.
We issue permits when our review is completed, and you have paid the required fees. At this point, construction may begin, and inspections are scheduled. You cannot start a construction project until we have issued your permit. It is your responsibility to contact the Township Building Department for the required inspections, which are noted on the building permit.
| Residential Applications |
| If you are submitting a residential application, please make sure to include:
Attach copies of each of the following drawings and information with your permit:
- Construction drawings, including foundation plan, floor plans, elevations, wall sections, and cross sections.
- Site plan that shows location of the building from property lines.
- Site-specific Grading Plan designed and stamped by a Professional Engineer or Ontario Land Surveyor.
- Heat Loss and Heat Grain Summary including Duct Design by a qualified designer.
- Engineered Roof Truss Design and Layout.
- Engineered Floor System Layout including any engineered beams (LVL, PSL, Paralam).
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| Industrial, Commercial and Institutional Applications |
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If you are submitting an industrial, commercial or institutional application, please make sure to include the following with your Cloudpermit application:
For projects with new on-site sewage systems, please complete Schedule 2.
Attach copies of each of the following drawings and information with your permit:
- Architectural Drawings and Structural Drawings designed by a qualified professional (BCIN, P. Eng., Arch., C.E.T., etc.).
- Plumbing, mechanical, and electrical drawings prepared by a professional engineer.
- Project specifications (i.e. architectural, plumbing, mechanical and electrical).
- Kitchen Exhaust Design (NFPA 96) prepared by a professional engineer, if applicable.
- Data Matrix prepared by a qualified designer or architect.
- Sprinkler Drawings and Hydraulic Calculations, if applicable.
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Other Approvals
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Approvals from other agencies may be required before we can process and issue a building permit. Please ensure all other required approvals are complete, such as Conservation Area permits, Planning Approvals, Nutrient Management Plans or Strategies, etc.
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Do I Need a Building Permit
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Under the Ontario Building Code Act, you must have an approved building permit for the construction of a new building or addition, change of use, or if you are altering any building or structure with a building area of over 10 m².
| Common Projects |
Some common projects that might need a permit include:
- Demolition
- Adding an attached and detached garage or shed
- Installing solid-fueled appliances like wood stoves and wood burning fireplaces
- Adding sunrooms, solariums, and porches
- Repairing structural foundations and installing of foundation drainage systems
- Adding a new, private on-site sewage system, including grey water systems or holding tanks
- Repairing or replacing a septic system or leaching bed
- Connecting a private septic system to a municipal sewer and decommissioning a septic tank
- Change of use (i.e.: office use to retail use)
- Structures that support a wind turbine generator with a rated output of more than 3 kilowatts
- Solar arrays, solar collector systems, and solar hot water systems mounted on a roof
- Livestock and equipment storage buildings
- Silos and grain bins
- Manure storage structures (excluding earthen structures)
- Riding arena
- Fabric-type structures
Installing or modifying life safety or fire suppression systems such as fire alarms, sprinklers, standpipe or fixed extinguishing systems, requires a permit. This includes commercial kitchen exhaust hoods and installing electromagnetic locking devices.
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| Decks |
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You need a permit for decks that are:
- Adjacent to or attached to the house, and its walking surface is more than 600 millimeters (24 inches) above the adjacent grade
- Elevated and providing principle access to a building
- Independent from the house and has a walking surface greater than 10m² (108 square feet) in area and its walking surface is more than 600 millimeters (24 inches) above the adjacent grade
Precast "deck blocks" can be used where the deck does not support a roof, and does not exceed 55m2 (595ft2) in area or 600mm (1' 11") in height
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Interior and Exterior Alterations
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A permit is required for interior and exterior alterations, including:
- Adding or removing walls, or a new opening in bearing walls
- Finishing a basement and/or adding a bedroom in a finished basement
- One- or two-storey additions
- Adding new windows where none existed before
- Adding new plumbing (e.g. drains, waste or vents)
- Installing a new backflow prevention device
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Projects That Do Not Require a Permit
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Projects that do not require a permit include:
- Replacing or installing asphalt shingles on a roof
- Minor roof sheathing repairs
- Repointing brick veneer
- Damp-proofing a basement
- Replacing siding on a house
- Replacing a window or a door (if same size or smaller opening)
- Kitchen or bathroom cabinets
- New flooring
- Installing air conditioner units
- Replacing an existing furnace
- Fences that do not enclose a pool
- Pool heaters
- Painting or decorating
Sheds that are not more than 15m2 in gross area and meet the following conditions do not require a permit:
- not more than one storey in building height
- not attached to a building or any other structure
- is only used for storage purposes ancillary to a principle building on the lot
- and does not have plumbing
Their placement must still meet zoning requirements.
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Building Department Forms
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Civic Addressing
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Civic Addressing refers to the blue and white number sign located in front of your property. These signs are installed for everyone's safety and benefit. Please ensure that your sign is always visible from the road. please do not let trees, shrubs, grass or snow build up and cover them.
Emergency Service Vehicles(Ambulance, Fire and Police) are able to find your residence or business much easier, because of the numbering system. If a sign is missing or vandalized, it could cause an emergency service vehicle to have a delayed response.
For farmers and rural property owners: did you know that you can have a 911 sign installed on vacant farms and properties? This can save first responders precious time when responding to an emergency! The Township of Southwold supports the Mission of Farm 911, The Emily Project. The cost of a new sign is included in our current User Fees By-law.
If you would like to request a new or replacement civic address sign, please complete the Citizen Issue/Request Submission form and select "Civic Address Sign Request" in the Issue/Request Type Dropdown.
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Permit Deposits
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The Township of Southwold Building Department required refundable deposits on all building permits issued within the Township. The deposits will range in amounts dependent on the type and value of the permit. Deposit amounts are shown below. When a permit holder/property owner takes all required action to call for inspections as per the Building Code Act, and when all required documentation has been received by the Building Department, the permit file will be closed and deposits can be refunded. Any permits that require refundable deposits will also require a Permit Deposit Forfeiture Acknowledgement Form to be completed.
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Septic System Permits
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| Do I need to apply for a permit? |
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We issue building permits and inspect all sewage systems with a daily design flow of less than 10,000 litres per day. The following are examples of when a permit is needed to meet the requirements in the Ontario Building Code.
- Adding a new septic system
- Repairing or replacing a septic system or leaching bed
- Connecting a private septic system to a municipal sewer
- Decommissioning a septic tank
Note: The owner of the property must also sign the application
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Before you start
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Onsite sewage systems must be designed and installed by a licenced professional qualified by the Ministry of Municipal Affairs and Housing.
You can install your own septic. However, you will require a permit and inspection. For more information, or to obtain a copy of the Individual Sewage Treatment Worksheet, please contact the Township Building Department by email, or by calling 519-769-2010.
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Code Requirements
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Please review the Ontario Building Code requirements for the design of an onsite sewage system:
- It must be 3 metres from property lines
- The tank can be a minimum of 1.5 metres from buildings
- The bed area can be a minimum of 5 metres from buildings
- The bed should be a minimum of 15 metres from a drilled well or a minimum of 30 metres from a dug well.
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How will I know if I have a problem with my septic?
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Faulty or poorly designed septic systems can be harmful to the environment. They can also threaten public health by contaminating our local ground water. You should be aware of the warning signs of a failing septic system to keep your family and the community safe. These include:
- The ground in the area is wet or soggy
- Grass grows greener or faster in that area
- Sewage odours in the house or yard
- Plumbing backups into the house
- Slowly draining sinks and toilets
- Gurgling sounds in the plumbing
- Test results of well water show the presence of bacteria
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Important Information
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Your completed septic system must be inspected before it is backfilled. Once we've issued your permit, you cannot make changes to the approved design unless they're approved by the Township Building Department.
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Swimming Pool/Fence Permits
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| Do I need to apply for a permit? |
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A permit is required when:
- Installing a new swimming pool
- Relocating an existing swimming pool - above ground types
- Replacing an existing swimming pool fence
The Township of Southwold Building Department issues pool permits and inspects all privately owned outdoor swimming pool locations. This includes fences and gates for compliance with the Township's Zoning By-law and Fence By-law.
The Township defined a privately owned swimming pool as "a body of water located outdoors on, above, or below privately owned property contained by artificial means and used or maintained for the purpose of swimming, wading, diving, or bathing and which has a design depth of 0.91 meters or greater (35 inches)".
A permit is NOT required when installing or relocating a hot tub or swim spa. However, these must have locking lids, which are kept locked when not in use, and be placed in a location that complies with the Zoning By-law.
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Zoning By-law Requirements
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Please review the Township's Zoning By-law on the requirements regarding the location of private property swimming pools. Below are a list of related items in the By-law from Section 3.37:
- Pools are not permitted in a front yard
- Pools must be a minimum distance of 1.5 meters (4.9 feet) from a rear and side property lines
- Pool equipment (pumps, filters, heaters, etc.) must be a minimum of 1.5 meters (4.9 feet) from a rear and side property line, unless enclosed with an accessory structure
- Pool area must be enclosed, as required by the Fence By-law
- Pool must be a minimum distance of 1.5 meters (4.9 feet) from a septic tank
- Pool must be a minimum distance of 5 meters (16 feet) from a distribution pipe of septic systems
- Hot tubs and swim spas with locking lids must be a minimum distance of 1.5 meters (4.9 feet) from rear and side property lines.
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Fence By-Law Requirements
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Pleas review the Township's Fence By-law on the requirements related to swimming pools. Below are a list of important items from the By-law pertaining to swimming pools:
- Fence must be a minimum height of 1.2 meters (4 feet)
- Fence may be a maximum of 1.83 meters (6 feet), or 2.13 meters (7 feet) including a decorative construction (i.e. lattice)
- No pool wall shall be used in whole or as a portion of a fence
- Fence must be a minimum distance of 1.2 meters (4 feet) from the edge of the pool
- Any/all gates to the pool area must be equipped with a lock. Gate to be kept locked unless responsible adult is present and supervising pool
- Any/all gates to the pool area to be equipped with a self closing and self latching device in addition to locks mentioned above
- Fences and gates are to be erected and inspected prior to placing water in a pool. Temporary enclosures are permitted for 30 days once pool is filled with water
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Requirements to apply for a permit
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Applying for a building or demolition permit in the Township of Southwold is now even easier! We use the online permit software Cloudpermit. All you need to do is create an account, and you can apply for your permit online. Any drawings and related documents for the permit can be uploaded with your application for review by our Township Building Department.
When submitting the permit application on Cloudpermit, please name your project as the address where the permit is located, and what the project is. Example "12345 Talbot Line - Pool"
Permit fee for a Pool/Fence are listen in the current User Fees By-law. A lot grading deposit, and damage and security deposit is also required.
Permit applications for pools in built-up residential areas must include a lot grading plan designed by an Ontario Land Surveyor (OLS) or qualified Engineer. This plan will represent how the storm water will be managed and maintained on your property. A Final Lot Grading Certificate is required once the work is completed, in order to close out the permit, and have the deposit refunded. The certificate is the Township's assurance that the lot grading, after the installation of the pool, concrete pads, etc., still conforms to the lot grading plan designed as a part of the site. It also is to assure that neighbouring properties will not be negatively impacted by your rear yard development. This plan is drawn to scale and should include the proposed locations of pool, concrete pads/patios and sheds, along with their required setbacks.
A detailed drawing showing the location of the fence and any gates, along with a description of the fence type and proposed height, is required.
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Important Information
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It is the property owner's responsibility to ensure that construction does not negatively affect the drainage, swales, easements or utilities such as communications cables, gas, or water serviced located on the property. No part of any pool or pool deck shall be located on an easement.
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| Call Before You Dig |
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Are you looking to build a deck or fence, put in a pool, or even do some landscaping? Digging in the wrong spot could damage the underground network of utility lines on your property. Call Ontario One Call before you dig – 1-800-400-2255. The services provided by ON1Call are free. They are put in place to protect you and your community from the loss of services and costly consequences that might occur.
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