Occupancy Permit Requirements in Ontario: What Has to Be Done Before You Can Move In

Permits and code Final inspection From a builder

Occupancy Permit Requirements in Ontario: What Has to Be Done Before You Can Move In

You can move into an unfinished house in Ontario. You cannot move into an unsafe one. The Building Code draws that line in a specific list, and the final inspection walks it. Here is the list.

Short version: Before a new house can be occupied the Code requires, broadly: the structure complete, exits and stairs with guards and handrails, fire separations and alarms, water, sewage, heating, electrical, a working bathroom and kitchen, required documents such as engineer and HRV reports, and an occupancy inspection by the municipality. Flooring, trim, paint, a finished basement and the deck can wait. Move in before the inspection and you risk an order, insurance problems and warranty complications.

Where the rule comes from

Division C of the Ontario Building Code sets out when a building can be occupied. For a house, there are two routes: occupancy after completion, when everything in the permit is done and inspected, and occupancy of a house that is not fully completed, which the Code allows when a list of specific items is in place. Almost every custom home uses the second route, because almost nobody waits for the last baseboard before moving in. The 2024 Ontario Building Code carries the current wording; the municipality applies it through the final or occupancy inspection.

The list the inspector walks

ItemWhat it means on site
Structure completeRoof, walls, floors, stairs and foundation done, with any engineered elements installed as drawn and the engineer’s letters on site
ExitsRequired exit doors installed and operable, with the stairs, landings and lighting serving them complete
Guards and handrailsOn every stair, landing, deck and balcony that needs them, at the required height, with the openings rule met
Fire separations and closuresGarage-to-house separation complete with the self-closing door; suite separations complete if there is a second unit
Smoke and carbon monoxide alarmsInstalled, interconnected, hard-wired with battery backup, on every storey and in every bedroom; CO alarms adjacent to sleeping areas
Water and sewageWater supply connected and working; septic or sewer connected and approved
Plumbing fixturesAt least one working toilet, sink and bath or shower, and a kitchen sink
HeatingThe heating system installed, commissioned and capable of maintaining the house, with venting complete
ElectricalESA final inspection passed; permanent service connected
VentilationHRV installed and balanced, exhaust fans working, with the balancing report available
Building envelopeExterior doors and windows in, the house weather-tight; cladding may be incomplete in some municipalities, ask
GradingAt least rough grading so water drains away from the foundation; final grading often deferred with a deposit
DocumentsEngineer letters, truss and floor certifications, HRV report, energy compliance confirmation, septic use permit, any conservation or site plan sign-offs

Smoke and carbon monoxide alarm rules and guard and railing rules are the two items that fail most often on a final, and both are an afternoon to fix.

What can be left for later

  • Flooring in rooms that are not required (subfloor is acceptable in most municipalities for bedrooms and living areas)
  • Interior trim, doors other than those required for fire separations, paint
  • Kitchen cabinets beyond a functioning sink and a place to cook
  • The finished basement, as long as it is not a required exit route and has no sleeping rooms yet
  • Exterior finishes such as siding and stone in some municipalities, with conditions
  • Decks and porches that are not a required exit, provided any door to a drop is secured
  • Driveway surface, landscaping and final grading, often against a deposit

Each municipality draws these lines slightly differently; ask the building department what it accepts before you plan the move-in date around it. When the building budget runs out uses the occupancy list as the finish line for exactly this reason.

The inspection itself

Book the occupancy or final inspection with the building department once the list is complete, with two working days’ notice. Have the documents in a folder on the kitchen counter. The inspector will test alarms, check guards with a tape, run water, look at the furnace venting, check the ESA certificate and the engineer letters, and walk every stair. If items remain, you get a list and a re-inspection; see what happens when an inspection fails. When it passes, the department issues the occupancy permit or final sign-off, and the permit file moves toward closing.

Why moving in early is a bad idea

Occupying without the inspection is a contravention of the Building Code Act, and a municipality can order you out, though they rarely do. The practical risks are worse: your builder’s course of construction insurance may not cover an occupied house, your own home insurance may not start, and on a Tarion home the warranty dates and the pre-delivery inspection get tangled. What Tarion covers explains why the possession date matters.

Questions people ask

Can you live in an unfinished house in Ontario?

Yes, with an occupancy inspection and permit. The Building Code allows occupancy of a house that is not complete if the life-safety items are done: structure, exits, guards, fire separations, alarms, water, sewage, heating, electrical, a working bathroom and kitchen. Finishes can be completed after.

What is checked at the occupancy inspection?

Structure, exits and stairs, guards and handrails, fire separations, smoke and CO alarms, water and sewage, plumbing fixtures, heating and venting, the ESA electrical final, ventilation, weather-tightness, rough grading, and the required documents.

Do I need an occupancy permit for a new house in Ontario?

Yes. A new house cannot be occupied until the municipality has inspected it and issued the occupancy permit or final approval under the Building Code Act.

Can the basement be unfinished at occupancy?

Yes, provided it is not a required exit route and has no bedrooms in it yet. Bedrooms need egress windows and finished fire-safe construction before they are used.

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.