Decks and Fences

Are you planning to build a deck or fence on your property? Before you start the project, make sure you understand and comply with the building guidelines.

Decks

If you're building a deck that is over 2 feet (0.6 m) in height, you need a building permit. Decks less than 2 feet (0.6 m) in height don't require a permit.

Review the Zoning By-law 1784 for more details about the regulations around the deck size and setbacks.

Fences

Before constructing a fence, please ensure your project complies with the Town's Fence By-law.

A permit is not required to build a fence. However, property owners are strongly encouraged to obtain a current site survey prior to construction. A survey helps confirm that the fence is located entirely within private property boundaries and does not encroach onto Town property. Constructing a fence on Town property is a violation of the Fence By-law and may result in penalties or required removal.

Division Fences

Under the Division Fence By-law and the Line Fences Act, neighbouring property owners are generally required to share the basic cost of constructing a new division fence. The basic cost is based on a standard 4 foot chain link fence, built to the minimum construction standards set out in the by-law.

Where adjoining property owners have entered into a written agreement for the construction, reconstruction, or repair of a division fence, each owner is responsible for:

Constructing, reconstructing, or repairing 50% of the division fence; and
Paying 50% of the actual cost of the construction, unless otherwise specific in the written agreement.

Start the process

If you plan to build or repair a division fence, you must send your neighbour written notice of your intent to build or repair a fence. The notice must be sent by registered mail at least 14 days before construction or repair begins and must include the basic cost of constructing a new division fence.

If both property owners agree to proceed with the work, it is recommended that a written agreement be entered into outlining the details of the construction or repair, including cost sharing arrangements.

Resolving a fence dispute

If one neighbour doesn't pay their cost of the fence, you can:

Build the fence
Send a notice to your neighbour within 90 days of completing the fence (you must use registered mail)
The notice should give your neighbour 30 days to pay their half of the cost

If your neighbour still doesn't pay, you may proceed under the Provincial Offences Act to have a Justice of the Peace enforce the provisions of the by-law. In order to begin this process, you must do the following:

Pick-up the required forms from the Ontario Court of Justice at 605 Rossland Rd. E.
Complete the Information and Summons and present both documents to a Justice of the Peace for review and consideration
If the Justice of the Peace is satisfied that the owner has followed the steps outlined in the by-law, the Justice of the Peace may accept the Information and sign the Summons

You're then required to provide the Summons to your neighbour. You will need to contact a process server who is designated as a Provincial Offences Officer and pay for the service of the Summons. The Summons will require your neighbour to appear in court to answer to the legal action.

The matter will then proceed to court where the Justice of the Peace has the authority to award a judgement requiring your neighbour to pay half the costs of the basic fence. Any decision reached regarding a fine is enforceable through small claims court.

If your neighbour still doesn't pay, you'll need to initiate action in a small claims court.

Pool Enclosures

Under the Town’s Fence By-law, all swimming pools deeper than 0.6 m must be enclosed by a compliant pool safety fence, and a permit is required before installation.

If you have a swimming pool on your property, you are required to install a pool enclosure. Learn about pool enclosure requirements and how to apply.

Fence Exemptions

Property owners may apply for an exemption to exceed the maximum permitted fence height under Section 18 of the Town’s Fence By-law. Applications are reviewed on a case-by-case basis.

To apply, complete the online Fence Exemption Application.

For fence heights up to 2.2 metres (maximum 10% above the permitted height).
Your application will be reviewed by the Commissioner of Legal and Enforcement Services or designate.
You will be notified of the decision by email.

For fence heights greater than 2.2 metres up to 3.0 metres (3.5 metres for industrial properties)
You will receive notice of a virtual hearing before the Municipal Licensing and Standards Committee.
You may present your request and supporting rationale.
The Committee will consider your application, staff report, and any public comments.
Meetings are public; only affected parties may speak.
The Committee’s decision is final.
A formal decision letter will be provided by email.

For fence heights greater than 3.0 metres.
Requests beyond Committee authority will be considered by Council.
You will be notified of the meeting date and process by Enforcement Services.

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