City of Toronto: Municipal Licensing and Standards Division

On October 30, 2008, City Council approved a right-of-entry bylaw for the City of Toronto. The new bylaw replaced those of the former municipalities and came into force on February 28, 2009. An amendment to the bylaw was adopted by City Council on August 6, 2009. For additional details please see the legislative history.

The following information is provided for convenience only. Bylaw provisions and other requirements are provided in simplified form. For the official text of the bylaw please contact the City Clerk.

Overview of the bylaw

The right-of-entry bylaw provides the right to access a neighbour's land when it is necessary to effect repairs and alterations to one's own property and such access is not granted by the neighbour. No permit is required if all parties are in agreement with respect to the access. Even if there is no permit, the general provisions under the City of Toronto Act still apply, mainly that:

Access shall take place at reasonable times and only to the extent necessary to carry out the repairs;
Reasonable notice shall be given respecting the access;
The adjoining land shall be brought back to its original condition to the extent practicable; and
Compensation shall be provided for any damages caused by the entry or anything done on the adjoining land.

If entry is not granted by a neighbour, the new City-wide bylaw requires that the person seeking access apply for a permit. The application form must detail why access is sought, how it will be carried out, whether it will entail distressing the neighbour's land, and how the neighbour's land shall be brought back to its original condition. In addition, it requires that the neighbour be an additional insured on the policy of the owner seeking access.

The owner or occupant of the land to be accessed will be advised by the City of any application to enter his or her property. The notice shall provide the relevant particulars so that if there are any extenuating circumstances that could interfere with, or otherwise have an impact on, the proposed access, the owner or occupant of the land to be accessed can present them to the District Manager. He or she will, in turn, determine the specific terms and conditions (including the amount of the security deposit) under which entry will take place.

Once the permit is issued, the owner or occupant of the land to be accessed is notified of the issuance and a copy of the relevant terms and conditions of the permit is provided.

Please note that it is a statutory offence to obstruct or hinder lawful access under a permit and that doing so may result in action by way of the Provincial Offences Court, and if convicted, make the offender liable to a fine or penalty as provided for in the Provincial Offences Act.

Find out more about the bylaw and its application by reading frequently asked questions.

Permit application

To apply for a permit, please print and complete all of the forms below. There are two types of permits. One is for low-impact work and the other for high-impact work. Although the application process is the same, the fees are different, as the depth of the review process varies between permit types. To know which fee applies in your case, you need to determine whether the entry you are requesting falls into the low-impact or high-impact category. To do this, complete the application pre-assessment form.

Permit Application Overview PDF 35.9 Kb
This form provides a general overview of the permit application process and includes a list of what the applicant needs to submit. Please read carefully before proceeding with an application.
Permit Application Form PDF 156 Kb
This is the main application form. This form also needs to be completed if you are applying for a permit renewal. Please make sure that the form is completed in full and as accurately as possible. Counter staff will not accept incomplete applications.
Declaration of Responsibilities PDF 39.2 Kb
By signing this form the applicant declares that he or she understands the obligations under the bylaw and permit and will abide by them. This form also needs to be submitted if a permit renewal is requested.

Completed forms are to be submitted to our offices at:

You may contact the office by e-mail at mlsroadallowance@toronto.ca.

Given the processing involved, the required inspection of the properties, and the application review, which includes providing time for the owner or occupant of the adjoining land to submit information concerning a permit application, you can expect a permit to generally take anywhere between four to six weeks to be issued.

Application and renewal fees

The non-refundable fees for 2013 to obtain a right-of-entry permit are as follows:

Type	Fee	HST	Total

Low-impact (New application)	$ 249.30	$ 32.41	$ 281.71
Low-impact (Renewal)	$ 137.66	$ 17.90	$ 155.56
High-impact (New application)	$ 915.91	$ 119.07	$ 1,034.98
High-impact (Renewal)	$ 302.42	$ 39.32	$ 341.74

Security deposits

The bylaw requires that the person seeking access to the neighbouring land provide a security deposit in case the land is not brought back to its original condition or there are other damages. This deposit is $500 for a low-impact permit and a minimum of $2,000 for a high-impact permit. The final security deposit amount for a high-impact permit is determined by Municipal Licensing and Standards as part of its application review.

Please note that a low-impact permit security deposit may be held for up to 60 days from the completion of the work and that a high-impact permit security deposit will be held for twelve months after the completion of work.

Only certified cheques or money orders are accepted for security deposits. Cheques are to be made out to the City Treasurer. Please note that no interest is paid by the City on security deposits.

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