Taking over a commercial unit for a different type of operation? iPermit compares the approved current use with the proposed use, identifies the change-of-use and fit-out issues that need to be resolved, prepares the agreed permit drawings and supports the municipal submission.
Ontario’s Building Code Act requires a permit under Section 10 when a change in use would result in an increase in hazard as determined by the Building Code, even if no construction is proposed.
Toronto’s public permit guidance gives the practical version: changing how a building or part of a building is used can require a building permit even where the walls, ceilings and finishes are staying as they are.
That does not mean every change in a business name or product mix automatically creates the same permit. The useful first step is to establish the approved current occupancy/use, describe the proposed operation accurately and determine whether the Building Code treats the change as a permit-triggering increase in hazard.
The previous tenant’s business does not always confirm the legally approved use of a commercial space.
A proper change-of-use review may require previous permit drawings, occupancy records, landlord documents, City property information, and the current site conditions.
If the existing approved use is unclear, it should be confirmed before the new layout and permit application are finalized.
These reviews can happen on the same project, but they are not interchangeable.
| Review | Question it answers | Typical trigger |
|---|---|---|
| Zoning review | Is this use permitted at this property under the applicable zoning rules and site-specific conditions? | The proposed business may not be allowed at the address, or parking/loading/use conditions may need review. Use the Zoning Review service when this is the primary uncertainty. |
| Change of use permit | Can the existing building safely support the proposed occupancy/use under the Building Code? | The new use changes the code hazard/major-occupancy relationship or otherwise falls into the City’s change-of-use permit review. |
| Tenant fit-out permit | What construction is being made to the tenant space and how will that work comply? | Partitions, exits, washrooms, ceilings, accessibility or building-system alterations. Use the Tenant Fit-Out Permit page when the physical renovation is the defining scope. |
A project can pass zoning and still require Building Code upgrades. It can also involve a change of use and a tenant fit-out at the same time.
Examples can include converting a retail unit to a restaurant, changing warehouse or industrial space to retail or assembly use, or introducing another occupancy that changes how the building must perform for fire safety, exits, occupant load or other Building Code requirements. These examples are not automatic permit triggers; the approved current occupancy and proposed occupancy still have to be compared for the specific property.
Send project context first, the next step can then focus on scope, information gaps and the right page or service route.
Toronto Municipal Code Chapter 363, section 363-3.8 requires a change-of-use application to describe the building or part of the building where the occupancy is changing and to include plans/specifications showing the current and proposed occupancy.
The submission must contain enough information for Building Code review. The Code chapter specifically identifies floor plans and, where relevant to the review, details of wall, floor and roof assemblies showing required fire-resistance ratings and load-bearing capacities. The Chief Building Official can require other information needed to assess the proposed use.
That is why a useful change-of-use drawing set is not just a new floor plan with the business name changed. The information has to explain how the existing building and proposed occupancy relate to exits, fire/life-safety, occupant load, accessibility, washrooms and building systems where those issues are triggered by the actual project.
The exact professional/design scope is project-specific. This page does not assume that every change-of-use file needs the same architectural, structural, mechanical or engineering package.
A finished design is not required for the first review. The most useful starting point is evidence of what the unit is approved for today and a specific description of what the new business will do.
Use this distinction before deciding what drawings or consultants to order.
The business operation changes but the unit layout is largely staying. The work centres on establishing the existing/proposed occupancy and documenting the Building Code information the City needs for the change-of-use review.
The proposed occupancy changes and the unit is also being renovated. The change-of-use review and the construction drawings need to describe one coordinated project rather than two disconnected applications.
Food-service and other specialized businesses can make exhaust, plumbing, equipment, fire/life-safety and licensing questions central to the project. The specialized service should own that customer journey.
These answers separate change-of-use review from zoning, fit-out construction and assumptions based on the previous tenant.
Yes. Ontario law allows a change-of-use permit to be required even when no construction is proposed if the change results in an increase in hazard as determined by the Building Code. Toronto also directs applicants to obtain a permit when changing a building’s use.
Not necessarily on the business label alone. The approved current occupancy/use and the proposed occupancy/use have to be compared under the applicable Building Code and municipal requirements. A change in brand, owner or merchandise is not the same analysis as changing the way the building is occupied.
No. Zoning controls whether the use is permitted at the property. A Building Code change-of-use permit reviews whether the building can support the new occupancy/use. Rezoning is a Planning Act process used when the zoning itself must be changed; it is not the standard answer to every change-of-use project.
Toronto’s 2026 fee schedule lists a minimum fee of $297.41 for a Change of Use permit, with additional examination or inspection time charged at $92.79 per hour. If the project also includes renovations or building-system work, separate building, mechanical, plumbing or other permit fees can apply.
Zoning review and other applicable approvals are separate from the Change of Use permit fee.
Start with prior building-permit drawings, occupancy/use records, landlord or base-building documents and municipal property records where available. Do not rely only on what the previous tenant appeared to be doing. If the approved use remains unclear, that uncertainty should be resolved before the new design is treated as permit-ready.
Yes. The same commercial project can change the approved use and physically renovate the unit. In that case the occupancy/code review and the tenant-improvement drawings should be coordinated around the same proposed operation.
Zoning permission does not waive Building Code requirements. The project may need upgrades to the existing building or tenant space before the proposed occupancy can be approved. The required work depends on the actual building, current conditions and proposed use.
