Ontario's Plain-English Guide to Custom Home Buildingπ 705-533-1633 | βοΈ 1-866-868-6606 | βοΈ info@icfhome.ca
What Happens When a Building Inspection Fails in Ontario (And How to Pass the Re-Inspection)
Permits and code Inspections From a builder
What Happens When a Building Inspection Fails in Ontario
A failed inspection is not a disaster and it is not rare. It is a list. Here is what the list means, what you can and cannot do until it is cleared, and how to make sure the second visit is the last one.
Short version: A failed inspection means the inspector found items that do not meet the Code or the approved drawings and will not sign off the stage until they are fixed. You get the items in writing, you fix them, you book a re-inspection, and some municipalities charge for the repeat visit. You cannot cover the work in question until it passes. An order to comply or a stop work order is a different, more serious document; both are rare on a well-run job.
What "failed" actually means
The inspector visits for a stage (footings, framing, insulation and so on), checks the work against the Code and the approved drawings, and either signs off the stage or lists what has to change first. The list is the fail. It can be one item (a missing hanger) or twenty, and it ranges from trivial (nail plates on a drilled stud) to serious (a beam with no bearing). The stage is not passed until every item is cleared, and the next stage cannot legally cover it.
What you receive is usually an inspection report or a deficiency notice: dated, itemized, often with the Code reference. Keep it; it is also the fix list for your trades. The inspections guide describes what each stage visit looks for.
Notice, order, stop work: three different documents
| Document | What it is | What it means for the job |
|---|---|---|
| Inspection report or deficiency notice | The routine list from a failed stage | Fix the items, book a re-inspection; work on other stages can usually continue |
| Order to comply | A formal order under the Building Code Act to correct a contravention by a date | Legal weight; failure to comply can mean prosecution. Usually follows ignored notices or work without a permit |
| Stop work order | An order to stop all or part of the construction | Nothing covered by the order proceeds until it is lifted. Issued for unsafe work, work beyond the permit, or ignored orders |
On a job where the permit was pulled, the drawings were followed and the inspector was called at the right times, you will see the first document and never the other two. The Building Code Act is where the orders come from; building without a permit is the most common way people meet them.
Can you keep working?
On the failed items, no: you cannot insulate over framing that failed, or drywall over insulation that failed, or backfill a foundation that failed. On everything else, usually yes, as long as it does not cover or depend on the failed work. Ask the inspector before you assume; a phone call costs nothing and a torn-out wall costs a week.
If the fix needs an engineer (a beam, a missing bearing, a changed load path), stop that part of the job until the engineer’s letter is in hand. Inspectors accept engineered fixes readily; they do not accept a framer’s opinion about a beam.
The usual reasons for a fail, by stage
- Footings and foundation: footing not on undisturbed soil, wrong depth, no rebar where the engineer called for it, missing anchor bolts, damp-proofing or weeping tile missing or wrong.
- Framing: bearing missing under a point load, undersized header, hangers nailed with the wrong nails, notched or drilled joists, no blocking, truss bracing missing, stair rise and run outside the Code, missing fire blocking.
- Plumbing and HVAC rough-in: failed pressure test, venting wrong, missing cleanout, duct sizes not matching the design, exhaust terminating in the attic, no combustion air.
- Insulation and vapour barrier: gaps, unsealed penetrations, no acoustic sealant, vapour barrier not continuous at the rim joist, attic hatch uninsulated, values not matching the energy form.
- Final: guards and handrails missing or wrong height, alarms not interconnected, HRV not balanced, missing engineer or truss letters, grading not done.
Cosmetic vs serious defects is a different list: inspectors check the Code and the drawings, not the finish.
Getting the re-inspection passed first time
- Fix every item on the list, not the ones you agree with.
- Photograph each fix before you book.
- Where the fix needed an engineer, have the stamped letter on site.
- Walk the whole stage again yourself; an inspector who comes back for three items will look at the rest with fresh eyes.
- Book the re-inspection with the report number and say what was fixed.
- Be there. Walk the inspector to each item in the order of the list.
Re-inspection fees vary by municipality; some charge after the first repeat, some after the second. The fee is small next to the delay, which is the real cost.
When you disagree with the inspector
Ask for the Code reference in writing, then read it. Most disagreements end there, one way or the other. If you still believe the interpretation is wrong, the chief building official can review it, and beyond that the Building Code Commission hears disputes about technical requirements. In 45 years I have gone that far exactly never; an engineer’s letter has settled every real disagreement I have had.
Related guides on this site
Sources and further reading
Questions people ask
What happens if you fail a building inspection in Ontario?
You get a written list of deficiencies, you fix them, and you book a re-inspection. The stage is not passed until every item is cleared and the work cannot be covered until it is. Some municipalities charge for repeat visits.
Can I keep building after a failed inspection?
On anything that does not cover or depend on the failed work, usually yes; on the failed items, no. Ask the inspector before you proceed.
What is a stop work order?
An order under the Building Code Act to stop all or part of the construction, issued for unsafe work, work beyond the permit or ignored orders. Work covered by the order stops until it is lifted.
How much is a re-inspection fee?
It varies by municipality; many allow one free re-inspection and charge for later ones. The fee is small compared with the delay.
Got a code question this page did not answer?
Ask it in plain English and the OBC Code Navigator answers with the Part, Section and Article from the Ontario Building Code. Two questions free. Your municipality and inspector still have the final word.
Reviewed and updated October 2026. Costs are Ontario ranges, not quotes; code references are to the Ontario Building Code in force at that date.
