Burlington building permits, fences, pools and by-laws

When do I need a building permit in Burlington?

All construction projects related to a building or structure require a building permit under the Building Code Act, except in specific cases. Projects that do not need one include painting and decorating, on-grade patios without a roof, pergolas, fences, replacing windows or doors in existing openings, replacing shingles with the same material (if the roof has fewer than three layers), like-for-like furnace, air conditioner or heat pump replacement, and retaining walls 1 m (3.3 ft) high or less.

The City does not issue electrical permits: contact the Electrical Safety Authority at 1-877-372-7233. Landscaping that affects private or public trees may need a tree permit.

• Full list of projects that do not need a permit

Source: City of Burlington, Do I Need a Building Permit?

Do I need a permit to build a deck or porch?

A deck needs a permit before construction if it is connected to a house or other structure, is a detached deck over 10 square metres (108 square feet), is more than 600 mm (2 feet) above grade, or is covered or roofed. A porch needs one if it is over 10 square metres, more than 60 cm above grade, covered or roofed, connected to a house or other structure, or built with footings and foundations. An uncovered patio on grade does not need a permit.

Before applying for the building permit you need a Pre-Building Approval Application. Properties in Conservation Halton or Niagara Escarpment Commission areas may need their approvals too.

• Decks and porches application checklist (PDF)

Source: City of Burlington, Decks, Porches and Patios

Do I need a permit for a shed?

You need a permit before building a shed or other accessory building, such as a gazebo, garage, carport, cabana or shipping container, if it is bigger than 15 square metres (161 square feet) in gross area, taller than one storey, attached to another building or structure, or contains any plumbing, regardless of size.

A shed must still comply with the zoning by-law, including where it sits on the lot, even when no building permit is needed.

• Zoning by-law

Source: City of Burlington, Sheds and Accessory Structures

What happens if I build without a permit?

Consequences include administrative penalty fees under the Building Permit By-law, an Order to Comply or Order to Stop Work that may be registered on title and affect refinancing or selling, costly repairs or removal of non-compliant work, and possible fines: the Building Code Act sets maximum fines for a first offence of $50,000 for an individual or $500,000 for a corporation.

You must own the house before you can apply for a building permit in Burlington.

Source: City of Burlington, Building Permits

Do I need a permit for a fence in Burlington?

No, you can build a fence without a permit, but regulations apply. The Division Fence By-law (024-2003) and the Pool Fencing By-law (074-2005) set the types of fences allowed and their required heights, and the zoning by-laws set locations and maximum fence heights. To confirm your property's fencing requirements, contact zoning staff at 905-335-7642.

A fence that encloses a swimming pool, swim spa or hot tub must meet the pool fencing rules, and the City does not determine property lines: that comes from your survey.

Source: City of Burlington, Fences

Does my neighbour have to share the cost of a new fence?

Under the Division Fence By-law, the cost of building or maintaining a division fence is shared equally, and an adjoining owner does not have to pay more than 50 per cent of the basic cost (a 1.22-metre steel chain link fence) unless you agree otherwise. If you cannot agree, you must mail a notice of intent with three written quotes and a copy of the by-law, and wait 14 days before starting work.

If the boundary fence is the only pool fence, the pool owner is fully responsible for building and maintaining it. The good side, painting and hedges are civil matters.

• Division Fence By-law 024-2003 (PDF)

Source: City of Burlington, Fences

Do I need a permit for a pool or hot tub?

Yes. You need a pool permit before installing a swimming pool, swim spa or hot tub. A pool goes through one online Combined Residential Swimming Pool Application covering a zoning clearance certificate, a forestry approval (tree permit) and a pool enclosure permit, with a legal survey, a site plan and an arborist report and tree protection plan. Hot tubs under 8 square metres use a separate hot tub permit form.

Processing may take 4 to 6 weeks due to current volumes, and you cannot put water in a hot tub until its fencing and gates or lockable lid are inspected and approved.

• Combined Residential Swimming Pool Application
• Hot tub (under 8 m²) permit application

Source: City of Burlington, Pool Permits

What does a pool approval cost in Burlington?

The 2026 residential swimming pool review fees are a zoning application fee, a forestry application fee and a pool enclosure fee that depends on the type of pool. E-transfer is the City's preferred payment method.

Source: City of Burlington, 2026 Pre-Building Approval Application Fees

What are the pool fence rules in Burlington?

Every privately owned pool able to hold more than 600 mm of water must be enclosed by fences and gates. At a house or semi-detached home, fencing must generally be at least 1.2 m and no more than 2.0 m high (1.5 m for wrought iron or metal), with limits on openings, and at least 1.2 m from the inside edge of the pool. Gates need self-closing, self-latching hardware at the top on the inside and must stay locked when the pool is not supervised.

No water may be placed in a pool until its fences and gates are installed and approved, and a pool must be kept covered outside the season it is in use.

• Pool By-law 74-2005 (PDF)

Source: City of Burlington, The Municipal Pool By-law (By-law 74-2005)

How do I apply for a building permit in Burlington?

First get the approvals and clearances your project needs, such as a zoning clearance certificate and grading and drainage clearance. Then complete the provincial building permit application form, gather the project-specific checklist items, and email the package to buildingpermits@burlington.ca with the subject line Building Permit Application followed by the project address. The City replies with the fee, which you should pay within two days.

Applications are accepted only electronically and must meet the City's Electronic Application Submission Standards; packages over 20 MB need a large file transfer.

• Building Permit By-law 30-2026 (PDF)
• Building permit fee schedule (PDF)

Source: City of Burlington, Applying for a Building Permit

What is a Pre-Building Approval Application?

It is a zoning review, which can also cover grading and drainage and a tree permit, for residential projects such as decks, porches, accessory buildings, additions and new homes. You email the completed form to zoning@burlington.ca. Once you have zoning approval you can apply for a building permit; the permit can be issued once grading and drainage is approved, and construction can start once you have your tree permit.

Processing may take 4 to 6 weeks due to current volumes. Track your file in the myfiles portal with your application number.

• myfiles application tracking

Source: City of Burlington, Pre-Building Approval Application

How do I book a building inspection?

Contact the building inspector named on your permit card directly, with your permit number, project address, the type of inspection and your preferred date. Give 48 hours' notice for building inspections and five days for septic inspections. Keep the approved drawings and posted permit card on site, and do not cover work until each stage is inspected.

An inspection is required before you occupy a building, and a final inspection is required to close the permit.

Source: City of Burlington, Booking an Inspection

Does a Burlington building permit expire?

Your building permit will not expire as long as you start construction within six months after it is issued. If construction has not begun after six months, the permit may be revoked under section 8 of the Building Code Act.

Source: City of Burlington, Building Permits

How do I check the status of a building permit?

Call the Building Department at 905-335-7731 to check an application or an issued permit, or view the City's interactive building permit map, which shows active permits dating back five years. You can also contact the inspectors named on the permit card posted at the construction site.

• Interactive building permit map

Source: City of Burlington, Check the Status of a Building Permit

How do I report a by-law violation in Burlington?

For most by-laws, contact By-Law Enforcement at 905-335-7731 or bylaw@burlington.ca, and include your name, address and phone number. Parking violations, animal concerns, and site alteration concerns or flooding from a neighbour's site alteration go to the City at 905-335-7777 or city@burlington.ca.

Source: City of Burlington, By-law Enforcement

Which property by-laws does By-law Enforcement handle?

Officers respond to complaints on private property under the Lot Maintenance By-law (graffiti, long grass and noxious weeds, derelict vehicles, water standing more than seven days and leaves blocking sidewalks or bike lanes), the Property Standards By-law (including heat in rental units between September 15 and May 31), the Noise and Nuisance By-law, the Sign By-law, the Pool By-law and the zoning by-law.

• Lot Maintenance By-law 049-2022 (office consolidation, PDF)

Source: City of Burlington, By-law Enforcement