How to Check for Open Permits When Buying a House in Ontario

To check for open permits on a house you're buying in Ontario, submit a written request to the local building department asking for the property's complete permit history. In Toronto, this is done through the Toronto Building Records department. In Mississauga, Vaughan, Markham, and other GTA cities, you contact the municipal building services division directly. Most municipalities charge a nominal fee and take anywhere from a few days to several weeks to respond. The permit history will show every permit ever pulled for the address, along with its status: open, closed, expired, or cancelled. If you find an open permit, you've discovered work that was started but never received final inspection approval—and if you buy the property, that liability transfers to you.

Why Open Permits Don't Show Up Automatically

Unlike liens or title encumbrances, open building permits don't appear on a standard title search. Your real estate lawyer won't find them unless they specifically request permit records from the municipality—and most don't unless you ask. The Agreement of Purchase and Sale in Ontario doesn't require sellers to warrant that all work was permitted and inspected. There's a standard clause about compliance with building codes, but it's vague enough that sellers can honestly claim ignorance about permit status.

What we see on transactions is that open permits surface in three scenarios: the buyer proactively requests records, the home inspection reveals suspicious work that triggers questions, or the buyer's insurance company asks about recent renovations. By the time you're in the third scenario, you've usually already closed.

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In fifteen years of permit work, I've never seen a real estate listing mention 'open building permit' in the disclosures. It's not that sellers are hiding it—most genuinely don't know. The contractor finished the work, they paid the bill, and they assumed everything was done.

How to Request Permit History in Different GTA Municipalities

The process varies more than you'd expect across the GTA. Some cities have online portals where you can search by address and see basic permit information immediately. Others require formal written requests and take weeks to respond. Here's what to expect in the major municipalities.

Toronto

Toronto Building maintains records going back decades, but accessing them requires a formal request to the Toronto Building Records section. You can submit requests online through the city's portal or in person at the appropriate district office. Response times typically run two to four weeks, though they can stretch longer during busy periods. The records will show permit applications, issued permits, inspection history, and final status. Toronto also has an online permit search tool that shows recent permits, but it doesn't capture the full historical record or detailed inspection status.

Mississauga

Mississauga's building division responds to permit history requests relatively quickly, often within a week or two. You can submit requests through their online services portal or by contacting building services directly. Their records are well-organized, and the response typically includes clear status indicators for each permit.

Vaughan

Vaughan requires a written request to the Building Standards Department. They've improved their digital records in recent years, so properties built or renovated after the early 2000s usually have complete electronic files. Older properties may require archive searches that take longer.

Markham, Richmond Hill, and Oakville

These municipalities handle requests through their respective building departments, with response times typically in the one to three week range. Markham has a reasonably accessible online permit lookup for recent activity. Richmond Hill and Oakville generally require direct contact with building services for complete historical records.

• Always request the complete permit history, not just active permits—you want to see everything ever pulled for the address
• Ask specifically for inspection records and final sign-off status for each permit
• Request records early in your conditional period—don't wait until the week before your conditions expire
• If the municipality's response time exceeds your conditional period, negotiate an extension or make the request before submitting your offer

Understanding Permit Status: Open, Closed, Expired, and Cancelled

The terminology on permit records can be confusing because municipalities use slightly different language. Here's what each status actually means for you as a buyer.

Closed or Final

This is what you want to see. A closed permit means the work was completed, all required inspections were passed, and the municipality signed off. The permit file is complete. No action required from you as the new owner.

Open or Active

An open permit indicates work that was started but never received final inspection approval. This is the status that creates problems. The work might be fully complete and just missing the final inspection call. Or the work might have failed an inspection and was never corrected. Or the project might have been abandoned partway through. You won't know which scenario you're dealing with until you investigate further.

Expired

Permits in Ontario typically expire if no inspections are called within a certain period—often six months to a year, depending on the municipality. An expired permit doesn't mean the work was completed; it means the permit lapsed without final approval. This is actually worse than an open permit in some ways because reviving an expired permit often requires a new application and potentially re-inspection of work that's now covered up.

Cancelled or Withdrawn

A cancelled permit means the applicant withdrew the application or the municipality cancelled it, usually because the project never proceeded. If the permit was cancelled before any work began, this is generally fine. If work was done after the permit was cancelled, you're looking at unpermitted construction.

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The scariest permit status isn't 'open'—it's 'expired with partial inspections.' That tells you work happened, something went wrong, and everyone walked away. Now the drywall's up and nobody knows what's behind it.

What Open Permits Actually Cost You

Open permits create cascading problems that extend well beyond the original work. Understanding these consequences helps you evaluate whether to proceed with a purchase and how aggressively to negotiate.

Future Permit Complications

When you apply for a permit on a property with open permits, the building department will flag the unresolved file. In many municipalities, they'll require you to close out the old permit before issuing a new one. If you're planning renovations, this can delay your project by months while you sort out someone else's incomplete work.

Insurance and Liability

Insurance companies increasingly ask about permit status for recent renovations. If unpermitted or improperly inspected work causes damage—an electrical fire, a plumbing failure, a structural issue—your claim can be denied or reduced. The insurer's position is straightforward: if the work wasn't inspected, they didn't price that risk into your premium.

Resale Complications

The problem you're discovering now will be discovered by your future buyer. Open permits don't disappear with time. Sophisticated buyers and their lawyers will request permit history, and you'll be in the same position the current seller is in—except now you've owned the problem for years.

Closing the Permit Yourself

Resolving an open permit as the new owner often costs significantly more than it would have cost the original owner. If the work is covered up, you may need to open walls for inspection. If the work doesn't meet code, you'll need to remediate it. If the permit expired, you may need to start fresh with a new application. At PermitsHub, we regularly help new homeowners navigate these situations, and the path forward depends entirely on what was done and how it was documented.

Negotiation Strategies When You Find Open Permits

Discovering an open permit during your conditional period gives you leverage, but how you use it depends on the nature of the issue. Not all open permits are equal.

Scenario One: Administrative Oversight

Sometimes a permit is open simply because the final inspection was never called. The work is complete and compliant—the homeowner just forgot the last step. In this case, you can require the seller to schedule the final inspection and obtain sign-off before closing. This is usually achievable within a few weeks if the work is genuinely complete.

Scenario Two: Failed Inspection Never Corrected

If inspection records show a failed inspection with no follow-up, you're looking at deficient work. The seller should be required to correct the deficiencies and obtain final approval before closing. If they refuse or can't accomplish this within your timeline, you need to factor remediation costs into your negotiation or walk away.

Scenario Three: Expired Permit with Unknown Status

An expired permit with partial or no inspections is the most uncertain situation. You don't know if the work was completed, abandoned, or done incorrectly. Consider requiring the seller to hire a qualified inspector or engineer to assess the work and either close the permit or provide a credit substantial enough to cover worst-case remediation.

Scenario Four: Major Structural or Mechanical Work

Open permits for structural modifications, electrical upgrades, or plumbing work carry more risk than permits for minor interior renovations. If the open permit involves the foundation, load-bearing walls, or major systems, consider requiring a professional engineering assessment before proceeding.

• Get everything in writing—verbal assurances about permit status mean nothing after closing
• Consider holdback provisions where funds are held in escrow until the permit is closed
• If accepting a credit instead of requiring resolution, ensure it covers professional assessment, potential remediation, and permit fees
• Consult with a permit specialist before agreeing to take on an open permit—the cost to resolve can vary dramatically based on the specific situation

When to Walk Away

Not every open permit situation is worth navigating. There are scenarios where the risk outweighs the potential reward, even if you negotiate a credit.

Consider walking away if you find multiple open permits spanning different projects—this suggests a pattern of cutting corners. Be especially cautious if the open permit involves work that's now completely inaccessible without major demolition, like in-slab plumbing or structural elements buried in finished spaces. If the seller is uncooperative about providing documentation or refuses to address the issue before closing, that's a red flag about what else they might not be disclosing.

Properties with open permits for basement apartments or secondary suites deserve particular scrutiny. If the suite was never approved, you may be buying a property where the rental income you're counting on isn't legally achievable. The path to legalization can be lengthy and expensive, involving not just permit closure but potentially significant upgrades to meet current code requirements.

Protecting Yourself Going Forward

Once you've purchased a property—with or without open permit issues—establish good permit hygiene for any future work. Pull permits for work that requires them, call for inspections at each required stage, and keep copies of all closed permits in your files. When you eventually sell, you'll be able to provide clean documentation to sophisticated buyers.

If you're buying a property that's recently renovated, ask the seller for copies of permits and final inspection certificates as part of your due diligence. Don't rely solely on municipal records—having the actual documents gives you immediate clarity without waiting for municipal response times.