Keep Your Build Legal: How Knowing Your Property's Setbacks Can Prevent Costly Lawsuits

What is a Setback?

Setbacks determine how close to a property line a structure can be built. This applies to houses, sheds, workshops, and any other structures built on your property. The setback on your land survey will show the measurement from the structures on your property to the nearest corners.

What is the Purpose of a Setback?

Every municipality has zoning by-laws that indicate minimum setbacks; these determine how close to the property line a structure can be built. The purpose of a setback is to protect the surrounding area and give others enough space to enjoy their property.

For example: You have decided to build a deck in your backyard to enjoy during the warm months. Before starting construction, you'll need to check the required setbacks in your municipality's zoning by-laws. Knowing your setbacks ensures that your new deck doesn't violate the building laws and preserves both privacy and property enjoyment for everyone involved. It also keeps you in compliance with local laws, preventing potential disputes or costly modifications after construction. In Toronto, a setback depends on the size of the lot and can be anywhere from 0.6 meters to 3 meters.

What if a Setback is Violated?

In the case where a setback has been violated and a structure was built too close to the property line, it is the owner’s responsibility to have the structure relocated or removed to adhere to the municipal bylaws. This can be an expensive and frustrating task to undertake.
Alternatively, the owner may apply for a variance from their local municipality. A variance will allow construction that does not comply with the standard building and zoning by-laws; however, this option is also time consuming, expensive and there is no guarantee that your variance will be approved.

Best Practices

Violating a setback bylaw is something every homeowner should avoid. The best way to make sure you are building according to municipal bylaws is to

a) Obtain a legal land survey of your property to get an idea of where your boundaries lie and where you are legally allowed to build.
b) Contact your local municipality to confirm what the zoning and setback by-laws are in your area.

Visit our website at www.ProtectYourBoundaries.ca to browse our database of survey plans and view our selection of homeowner products.