Encroachment agreements

Provided that the proposed encroachments satisfies technical criteria, staff are delegated to issue encroachment agreements for the range of permitted encroachments described in Toronto Municipal Code Chapter 743, Article IV.

Provided that they comply with the requirements of Article IV, the following encroachments do not require an encroachment agreement:

  • Fences and retaining walls less than 0.90m in height, measured from the travelled surface of the road;
  • 'Soft' landscaping, such as gardens, shrubs and hedges;
  • Driveway curbs and precast concrete curb stones;
  • Stairs;
  • Walkways less than 1.5m wide.

With the exception of soft landscaping, a street work permit is required before you can install a permitted encroachment. Contact your District office to book a site inspection by a Bylaw Officer before you start your work.

Encroachment agreements must be transferred to the new property owner upon the sale of the property. Staff also has the authority to request that the owner register the encroachment agreement on-title to the property.

Encroachments agreements vary is cost between $400 and $2,000 or more, and may also require the payment of annual fees depending on the nature of the encroachment.

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