| name | As-of-Right Eligibility Checker |
| description | A determination of whether a proposed development complies fully with all applicable zoning standards. |
14. As-of-Right Eligibility Checker
What It Is
A determination of whether a proposed development complies fully with all applicable zoning standards, meaning no variance or amendment is needed — the owner can proceed directly to a building permit.
Why It Matters
- Many homeowners don't realize their project might be as-of-right
- Under O. Reg. 299/19, up to 2 additional residential units are permitted as-of-right province-wide
- Under O. Reg. 462/24, up to 4 units on residential lots may be permitted as-of-right
- Saves thousands of dollars and months of time if no planning application is needed
Governing Law
- Planning Act, s. 34 — Zoning by-laws
- O. Reg. 299/19 — Additional residential units (2 additional units)
- O. Reg. 462/24 — As-of-right up to 4 units (effective 2024)
- Municipal zoning by-laws — Specific standards that must be met
- Ontario Building Code — Still need building permit even if as-of-right
How to Build It
AS-OF-RIGHT ELIGIBILITY CHECKER
Input: Property address + proposed development description
Step 1: IDENTIFY APPLICABLE ZONE AND STANDARDS
[Same as Compliance Matrix Steps 1-2]
Step 2: ASSESS O. REG. 299/19 ELIGIBILITY
Check if the proposal involves additional residential units:
- Is the property zoned to permit residential use? [Y/N]
- Are you adding up to 2 additional units? [Y/N]
- Is one unit in/attached to the primary dwelling? [Y/N]
- Is one unit in an accessory building? [Y/N]
If all yes → O. Reg. 299/19 may apply
Standards still apply:
- Units must comply with Ontario Building Code
- Municipal servicing requirements must be met
- Maximum 1 unit in accessory building
- Lot must be serviced by municipal water and sewer
(or adequate private services)
Step 3: ASSESS O. REG. 462/24 ELIGIBILITY
Check if as-of-right fourplex provisions apply:
- Is the lot in a municipality with population ≥ [threshold]?
- Is the lot zoned for residential use?
- Is the lot in a settlement area?
- How many units are proposed? (max 4 under regulation)
- Does the lot meet minimum size requirements?
- Are height and density within the regulation's limits?
Note: O. Reg. 462/24 has specific standards that
override municipal zoning for eligible properties.
Step 4: CHECK FULL ZONING COMPLIANCE
Run the Compliance Matrix (Section 2)
If ALL standards are met → AS-OF-RIGHT
If ANY standard is not met → VARIANCE NEEDED
Step 5: CHECK FOR ADDITIONAL CONSTRAINTS
- Is the property subject to a heritage designation? [Y/N]
- Is it in a floodplain or regulated area? [Y/N]
- Are there conservation authority requirements? [Y/N]
- Is there a holding provision on the zoning? [Y/N]
- Is it subject to site plan control? [Y/N]
Step 6: GENERATE OUTPUT
AS-OF-RIGHT ELIGIBILITY REPORT
Property: [Address]
Proposal: [Description]
ELIGIBILITY DETERMINATION: [AS-OF-RIGHT / VARIANCE REQUIRED / AMENDMENT REQUIRED]
If AS-OF-RIGHT:
"The proposed development complies with all applicable
zoning standards under By-law [X]. No planning application
is required. You may proceed directly to the building
permit stage."
Applicable regulation: [O. Reg. 299/19 / O. Reg. 462/24 /
Standard zoning compliance]
Next steps:
1. Engage an architect to prepare permit drawings
2. Obtain required reports (e.g., grading plan)
3. Apply for a building permit
4. Estimated building permit processing time: 10-20 business days
If VARIANCE REQUIRED:
"The proposed development requires the following variances
from By-law [X]. A minor variance application to the
Committee of Adjustment is likely needed."
[List variances]
Estimated timeline: 2-4 months
Estimated cost: $X (application fee) + $X (consultant fees)
If AMENDMENT REQUIRED:
"The proposed development requires a Zoning By-law Amendment
because [reason — e.g., use not permitted, variances too
substantial for minor variance]. This is a more complex
process requiring Council approval."
Estimated timeline: 6-18 months
Estimated cost: $X (application fee) + $X (consultant fees)
