Right to Enter Neighbour’s Property for Repairs

A right-of-entry permit can be granted to enter a neighbouring property to make repairs.

  • If neighbours can come to an agreement on the access needed, then a right-of-entry permit is not required.
  • There are two types of permits: low or high impact depending on the amount of work that needs to be done.
  • The neighbour should be given reasonable notice and the land should be brought back to its original condition once repairs are complete.

You must apply for a Right-of-Entry Permit if your neighbour does not agree to allow you to enter onto their property.

Right-of-entry permit applications will only be accepted if work is to be performed on an existing structure and the repair is necessary for health or safety reasons.

Email mlsroadallowance@toronto.ca to discuss the application in detail. District review for eligibility required prior to submission of application.

Print and complete all of the forms below.

There are two types of permits: low-impact work and high-impact work. To determine which permit you require see the information below.

Permit Application Overview
This form provides a general overview of the permit application process and includes a list of what the applicant needs to submit.

Declaration of Responsibilities
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.

Right-of-Entry Preassessment Form
Permits generally take six to eight weeks to process. Applications must be done in person to the Licence and Permit Issuing Office (Road Allowance Unit) located inside the East York Civic Centre, 850 Coxwell Ave, 3rd floor.

Right of Entry Contractor’s Certificate Of Insurance
Applicants must provide proof of $1,000,000 in Commercial General Liability (CGL) insurance. The completed insurance form must be signed and stamped by the insurer.

Right of Entry Permit Fee
Right of Entry – Low Impact Permit $326.20
Right of Entry – High Impact Permit $1198.42

 

Right-of-entry permit fees are non-refundable. All fees include HST.

  • A security deposit is required in case the property is not brought back to its original condition.
  • Low-impact deposit: $500
  • High-impact deposit: minimum of $2,000
  • The final security deposit amount for a high-impact permit will be determined as part of its application review.
    • Low-impact permit security deposit may be held for up to 60 days from the completion of the work.
    • 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 Treasurer, City of Toronto.

Permit extension applications submitted require district approval.

The extension fee is

  • Low Impact: $180.12
  • High Impact: $395.71

*All fees include HST

ML&S shall deny an application for, or a renewal, for all businesses required to be licenced under this chapter that has:

    1. Been convicted at any time of a sexual offence against a minor or a person with a disability under any of sections 151 to 153.1 of the Criminal Code;
    2. Been convicted of any sexual offence under the Criminal Code in the preceding ten years;
    3. Been convicted of an offence under the following Criminal Code sections in the preceding five years:
      1. 84 to 117.15 (Firearms and Other Weapons);
      2. 264.1 to 286.1 (Offences Against the Person);
      3. 321 to 378 (Offences Against Rights of Property);
      4. 379 to 462 (Fraudulent Transactions, Wilful and Forbidden Acts of Certain Property, Offences Relating to Currency);
      5. 462.3 to 462.5 (Proceeds of Crime).
    4. Been convicted at any time of an offence under the following Criminal Code sections:
      1. 83.01 to 83.33 (Terrorism);
      2. 219 to 248 (Major Offences Against the Person);
      3. 267, 268, 270.01, 272, 273 (Major Assaults or Major Sexual Assaults).
    5. Been convicted of an offence under the following Controlled Drugs and Substances Act sections in the preceding ten years:
      1. 5 (Trafficking);
      2. 6 (Importing and exporting);
      3. 7 (Production);
      4. 7.1 (Possession for use in production or trafficking).
    6. Been convicted of any offence under section 4 (Possession or obtaining) of the Controlled Drugs and Substances Act in the preceding five years;
    7. Been convicted of five or more offences under Chapter 545 or 546 of the Toronto Municipal Code in the preceding three years;
    8. Any overdue by-law fines, unless the applicant provides proof that such fines have been subsequently paid.

Despite these screening criteria, if a licence has been previously issued or renewed and the applicant’s or licensee’s record discloses no new breach of the screening criteria, the licence may be issued or renewed without the matter being referred to the Toronto Licensing Tribunal.

These screening criteria do not apply to any offence for which a licensee or applicant has been granted a criminal record suspension (i.e. a pardon) by the Parole Board of Canada.

Right-of-Entry permits are only necessary when an agreement between neighbours cannot be reached. In addition to the permit process, the City offers community mediation services through a partnership with St. Stephen’s Community House. St Stephen’s Community House provides free community mediation services to Toronto residents, as an alternative means to resolving a dispute with the help of neutral mediators.

Mediation can help the City deliver better service, divert some cases from bylaw enforcement, and get to the root cause of long-standing community or neighbour-to-neighbour issues. The process is separate from bylaw enforcement and completely confidential.

Residents may seek resolution to their issue using mediation services directly: St. Stephen’s Community House, Conflict Resolution & Training, 416-925-2103 ext. 1229, crt.intake@sschto.ca.