Construction without Permits

Building permits are needed to ensure buildings and homes are constructed to meet the minimum standards for health and safety. 

Building permits are required under bylaw 

While building permits are required under bylaw, there is significant value in obtaining a building permit prior to construction: 

• You receive a review of your proposed work and onsite inspection during construction by professionally, qualified Building Officials. These reviews support you as the property owner to ensure that the construction for your home is built to the minimum standards established by the BC Building Code.
• Building construction and renovations are a significant investment. If you construct without building permits, it can expose you and your family to potentially unhealthy and unsafe living conditions. 
• You can ensure that the construction to your home is safe and healthy for you and your family. 
• Under the bylaw, the property owner is responsible to ensure that building permits are obtained prior to construction starting. If the building permit is not obtained, the property owner can be subject to enforcement action.

Enforcement process 

Construction without a building permit can subject property owners to enforcement action by the City. The following outlines the steps the City may take when it is identified that work may have occurred without permits. 

Under the Community Charter and Building Bylaw, Building Officials have authority to enter onto private property to investigate whether or not work has occurred without a permit. 

1. The Bylaw Enforcement Team receives complaints regarding building without a permit. Bylaws will conduct the initial investigation of the complaint. 
2. Based on the initial investigation by the Bylaw Enforcement Team, a Building Inspector attends the site to assess the extent of the construction. During the investigation by bylaws or building inspections, fines or site visit fees may be levied. 
3. If it is determined that a building or structure is being constructed without permits, a Stop Work Order will be posted. 
4. While a Stop Work Order is posted, Bylaw Enforcement Officers and the Building Inspector will periodically patrol the site to ensure the order is being followed. 
5. Violating or removing a Stop Work Order will result in additional enforcement actions, including fines and site visit fees levied against the property owner and workers on the site. 

Enforcement actions 

Construction work without building permits exposes property owners to enforcement action. If you construct a building or structure without permits, the following actions may be taken:

• Stop Work Orders posted to the site.
• Court orders to stop all construction. 
• Fines issued to the property owner and any contractors or employees present on the site. Fines can range from $500-$10,000 for each day that a permit is not obtained or work is stopped.
• Court ordered enforcement that all unpermitted work be removed/demolished at the property owner's expense.
• Cancellation or revocation of the business licence of the contractor and trades involved in unpermitted construction.
• A notice placed on the title of the property to identify work has been done without a permit and is potentially unsafe under Section 57 of the Community Charter. This notice will be visible to the public including potential purchasers, mortgage lenders and insurance companies. 

Section 57 of the Community Charter 

Section 57 of the Community Charter allows Council to pass a resolution directing staff to file a notice on title in the Land Title Office to properties under various circumstances, including where construction has occurred and permits have not been issued by the City under its Building Bylaw.

The notice on title alerts anyone conducting a title search of a property, such as prospective buyers, of potential issues related to the property, such as construction occurring without the required building permits. Further information regarding specific properties that have a Section 57 notice filed on title may be available by contacting the Building Division at  buildingviolations@surrey.ca.

How to report unpermitted and illegal construction

To report construction you suspect has been done without building permits, email bylawcomplaint@surrey.ca, call 604-591-4370 or use our online service.

Anonymous complaints will not be accepted. 

Unauthorized secondary suites

Complaints regarding unauthorized secondary suites, not currently under construction, can be made through the Secondary Suite Program & Fee Information page.

Resources

Learn more about scenarios where illegal construction takes place and the possible outcomes. Supporting document resources are also available. 

What should I do if I learn a property I purchased has unpermitted construction?

When buying a property, it’s important to be aware of any unpermitted work as you will take responsibility for it as new owner. Should you become aware of potential unpermitted construction on your property, the best thing to do is to hire qualified professionals (architects, engineering, contractors) who will inspect the property and help you apply for the appropriate permits to address existing issues.

Unpermitted work is generally not covered by home insurance and may compromise coverage for the remainder of property as well as impact mortgage and other loan agreements. 

For more information, visit BC Real Estate Association.

If I previously failed to take out a permit and want to now legalize the construction, will there be a fine or other consequence?

If the unpermitted work can ultimately be supported in accordance with applicable bylaws and Building Code requirements, permit fees will be charged in accordance with City bylaw. Reports from qualified professionals and inspections will be required to ultimately accept, or legalize, the construction.

Documents

Corporate Report R011: Proposed Changes to Unpermitted and Illegal Construction

Contact information

If you have questions about getting a building permit for your project, contact us at the Client Services Centre at 604-591-4086 or learn more at residential building permits.