Cromwell Design Build

Custom homes in Toronto

A new house on an established Toronto lot starts with three questions: what the zoning allows, which trees are protected, and whether the design needs a minor variance.

Building in Toronto: who decides what

Zoning
City-wide Zoning By-law 569-2013. On some lots a by-law of the former municipality still governs part of the design, such as height.
Minor variances
The Committee of Adjustment panel for the district: Etobicoke York, North York, Scarborough, or Toronto and East York.
Appeals
Committee of Adjustment decisions in Toronto are appealed to the Toronto Local Appeal Body.
Private trees
A permit is needed to injure or remove a tree 30 cm or more in diameter, measured 1.4 m above the ground.
Ravines
Inside a Ravine and Natural Feature Protection area, trees of every size are protected and changes to grade need a permit.
Conservation authority
Toronto and Region Conservation Authority, for lots in or beside the valleys, ravines and lakeshore it regulates.
Construction hours
7 a.m. to 7 p.m. on weekdays, 9 a.m. to 7 p.m. on Saturdays, and not on Sundays or statutory holidays.

What building in Toronto involves

Most custom work in Toronto replaces an older house on an established street, and the new house has to meet Zoning By-law 569-2013. Variances requested for new houses commonly concern building height, floor space index, building length, side yards and the soft landscaping in the front yard, so those are the standards we test the design against first.

Trees are the second check. A private tree 30 cm or more in diameter, and a City tree on the boulevard of any size, can fix where the house, the driveway and the excavation go, because work inside the tree’s protection zone needs a permit. We arrange an arborist’s report early when a protected tree is close to the work.

Lots in or beside a ravine are a third case. Inside a Ravine and Natural Feature Protection area, trees of every size are protected, grade changes need a permit, and parts of these areas are also regulated by the Toronto and Region Conservation Authority.

Where a design needs relief from the by-law, the application goes to the Committee of Adjustment. In Toronto its decisions are appealed to the Toronto Local Appeal Body, and only the applicant, the Minister, a specified person or a public body with an interest in the matter can appeal.

Minimum tree protection zones

Construction is kept at least this far from a protected tree, by trunk diameter at 1.4 m above the ground.

Trunk diameterCity-owned and private treesTrees in a ravine protection area
Under 10 cm1.2 m1.2 m
10 to 29 cm1.8 m3.6 m
30 to 40 cm2.4 m4.8 m
41 to 50 cm3.0 m6.0 m
51 to 60 cm3.6 m7.2 m
61 to 70 cm4.2 m8.4 m
71 to 80 cm4.8 m9.6 m

From the City of Toronto’s tree protection declaration form. Urban Forestry can require a larger zone for a particular tree or site.

What the zoning by-law controls

The standards differ by zone and by municipality. The questions are the same on every lot.

What a zoning by-law controls on a residential lotPlan of a lot showing frontage, front, side and rear yards, lot coverage and the driveway, beside an elevation showing how building height is measured from established grade.PlanStreetWhere the by-law allows building1233456ElevationEstablished gradeMaximum height in the by-law7
  1. Lot frontage and areaSet which zone standards apply.
  2. Front yardMinimum distance from the street line.
  3. Side yardsMinimum distance to each side lot line.
  4. Rear yardMinimum distance to the back lot line.
  5. Lot coverageShare of the lot that buildings may cover.
  6. Driveway and landscapingDriveway width and soft landscaping in the front yard.
  7. Building heightMeasured from established grade as the by-law defines.

Toronto questions

Do I need a permit to remove a tree on my lot in Toronto?

If the tree is 30 cm or more in diameter at 1.4 m above the ground, yes, under the Private Tree By-law. In a ravine protection area, trees of every size are protected, and City trees on the boulevard are protected at any size. We check the trees against the survey before the house is placed.

Can my neighbour appeal my minor variance?

Under the Planning Act as it now stands, a Committee of Adjustment decision can be appealed by the applicant, the Minister, a specified person or a public body with an interest in the matter. In Toronto the appeal goes to the Toronto Local Appeal Body. Neighbours can still speak at the hearing or write to the committee.

When can construction start in the morning in Toronto?

At 7 a.m. on weekdays and 9 a.m. on Saturdays. Construction noise is not allowed on Sundays or statutory holidays without a noise exemption permit.

Which zoning by-law applies to my Toronto lot?

By-law 569-2013 applies city-wide, and on some lots a by-law of the former municipality still applies to part of the design. The zoning review confirms both before design starts.

Have a lot in Toronto?

Send us the address. We will start with the zoning.