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TOWN OF TORBAY
BUILDING BY-LAWS
August 2026
TOWN OFTORBAY
orbay
BUILDING BY-LAWS
CAME INTO EFFECT: These Town of Torbay Building By-laws came into effect and were adopted
by Council, this 10th day of August 2026. Motion No.: RES-228-2026.
Signed and Sealed:
-
Kim"ôSñiond
Craig S9?'
Town Clerk
Mayor
TOWN OF TORBAY
BUILDING BY-LAWS
Original Adoption
August 10, 2026
-- Resolution # RES-228-2026
Rev 0
TOWN OF TORBAY
BUILDING BY-LAWS
Page | 1
Pursuant to the authority conferred in Section 7(1)(c) of the Towns and Local Service Districts Act,
2023, the Town of Torbay has adopted the following By-laws on August 10th, 2026.
1.
TITLE
1.1
These By-laws may be cited as the "Town of Torbay Building By-laws";
hereinafter referred to as "these By-laws".
2.
PURPOSE
2.1.
The purpose of these By-laws is to specify permitting requirements and controls
for:
2.1.1. the construction, alteration, reconstruction and occupancy of buildings;
and
2.1.2. the demolition, removal and relocation of buildings; and
2.1.3. building as defined under Section 4.4 in the Town of Torbay.
3.
APPLICATION
3.1.
These By-laws shall apply within the municipal boundaries of the Town of Torbay.
4.
INTERPRETATION / DEFINITIONs
4.1.
"Act" means the Towns and Local Service Districts Act, 2023, unless otherwise
specified.
4.2.
"Applicant" means the property owner or his/her authorized representative.
4.3.
"By-laws" means the Town of Torbay Building By-laws.
4.4.
"Building" means:
4.4.1. A structure, erection, alteration or improvement placed on, over or under
land, or attached, anchored or moored to land;
4.4.2. Mobile structures, vehicles and marine vessels adapted or constructed
for residential, commercial, industrial and other similar uses;
4.4.3. A part of and fixtures on buildings referred to in (4.4.1.) and (4.4.2.); and
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BUILDING BY-LAWS
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4.4.4. An excavation of land whether or not that excavation is associated with
the intended or actual construction of a building or thing referred to in
(4.4.1.) to (4.4.3.).
4.5.
"Council" means the Town Council of Torbay.
4.6.
"Department" means the Planning and Development Department.
4.7.
"Dwelling" means a building used as a residence.
4.8.
"Development Control Officer" means any person designated by Council to
administer and /or enforce these By-laws, the zoning by-laws and other applicable
by-laws.
4.9.
"Municipal Enforcement Officer" means any person designated by Council to
administer and/or enforce these By-laws.
4.10.
"Torbay Volunteer Fire Department" means any person designated by Council to
administer and/or enforce the National Fire Code and Life Safety Code and the
Torbay Fire Prevention By-Law.
4.11.
"Zoning By-laws" means the Town of Torbay Development Regulations enacted
by Council under the Urban and Rural Planning Act, 2000.
4.12.
"Municipal Plan" means the Town of Torbay Municipal Plan as enacted by Council
under the Urban and Rural Planning Act, 2000.
4.13.
"Occupancy and Maintenance Regulations" means the provincial Occupancy and
Maintenance Regulations enacted under the Urban and Rural Planning Act, 2000.
4.14.
"Property Standards and Maintenance By-laws" means the Town of Torbay
Property Standards and Maintenance By-laws as enacted under the Town and
Local Service Districts Act, 2023.
4.15.
"Professional Architect" means a person licensed with the Architects Licensing
Board of Newfoundland and Labrador (ALBNL) to provide architectural services
under the Architects Act, 2008.
4.16.
"Professional Engineer" means an engineer licensed with the Professional
Engineers and Geoscientists Newfoundland and Labrador (PEGNL) to practice
engineering under the Engineers and Geoscientists Act, 2008.
4.17.
"Professional Surveyor" means a surveyor registered with the Association of
Newfoundland Land Surveyors under the Land Surveyor's Act, 1991.
4.18.
"Town" means the Town of Torbay as defined in the Towns and Local Service
Districts Act, 2023.
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4.19.
"Order" means an Order by Council which requires all actions as specified,
including but not limited to documentation to be provided or work to be carried out
or work to be ceased, to be addressed to the satisfaction of the Town within the
time period specified in the Order.
4.20.
"Owner" means the property owner as recorded on the assessment roll of the
Town of Torbay.
4.21.
"Site" means the subject property which is the location of the development project.
4.22.
"Service NL" means the Government of Newfoundland and Labrador office of
Digital Government and Service NL.
5.
CONSTRUCTION CODES
5.1.
Through adoption of these By-laws in accordance with Section 7(1)(c) of the Act,
the Town adopts the following Codes with any supplements, amendments or
successive editions in accordance with Section 7(3) and 7(4) of the Act, coming
into legal effect, as of the effective date of the issuance of the successive editions:
5.1.1. National Building Code of Canada 2025
5.1.2. National Energy Code of Canada
5.1.3. National Energy Code of Canada for Buildings 2025,
5.1.4. National Fire Code of Canada 2025;
5.1.5. National Plumbing Code 2025;
5.2.
The Life Safety Code, 2024 Edition, being Document 101 of the National Fire
Code Standards of the National Fire Protection Association (USA) is hereby
declared to be and shall be taken as part and parcel of these By-laws as if the
same were repeated herein in full, as amended from time to time pursuant to the
provisions of the Act.
6.
PERMIT REQUIREMENTS
6.1.
No building shall be constructed, placed, erected, changed, altered, extended,
repaired, or demolished unless a permit for such use has been issued by the
Town and in accordance with these By-laws.
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6.2.
A building permit shall be required from the Town for:
6.2.1. all new construction and extensions, placement of buildings, additions,
structural changes affecting load bearing members, floor layout changes,
and relocation of existing buildings;
6.2.2. all repairs or renovations to existing buildings not covered by (a) above
and that are not exempt from permitting;
6.2.3. the construction, alteration or repair of retaining walls, driveways,
walkways, steps, parking areas or other areas for vehicular traffic and
changes or alteration to landscaping;
6.2.4. service repairs on private property;
6.2.5. demolition of buildings; and
6.2.6. re-grading of property, including the excavation of land, placement or
removal of materials or fill.
6.3.
An electrical permit shall be required from Service NL prior to any electrical work
commencing on the building.
6.4.
A plumbing license shall be required from the Town prior to any plumbing work
commencing on the building.
6.5.
Written confirmation from a licensed /certified contractor shall be required for the
installation of any ventilation equipment, propane appliances /fireplaces, heat
pumps /mini splits, oil fire burners, woodstoves /chimneys and for any similar
installations.
6.6.
An occupancy permit shall be required from the Town for human habitation or
commercial occupation as required by the Occupancy and Maintenance
Regulations, and further detailed by these By-laws prior to occupancy:
6.6.1. of a new building;
6.6.2. of an existing building that has been altered, extended, or repaired;
6.6.3. for a change in use; and/or
6.6.4. for a change in tenant.
6.7.
A demolition permit shall be required from the Town prior to the removal,
destruction, or demolition of any building or part thereof.
6.8.
All building work shall be carried out in accordance with these By-laws, conditions
stated on the permits, and any other By-law or regulations enacted by the Town.
6.9.
A copy of the permit issued shall be kept posted in a conspicuous place at the
location of the project for the duration of the work.
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6.10.
A copy of the approved plans shall be kept at the location of the project, available
to the Town, for the duration of the work.
6.11.
No person shall erase, alter, or modify any plans or specifications upon which a
permit has been granted by the Town, unless the Town has approved such
changes.
6.12.
If during the progress of work the applicant wishes to deviate and/or revise the
plan filed with the application for a permit in any manner affecting the construction
or other essentials of the building, request of such deviation and/or revision
together with new plans and specifications shall first be given in writing to the
Town, whose written approval shall be obtained prior to the deviation and/or
revision being implemented.
6.13.
All permits issued by the Town under the provisions of these By-laws shall expire
twelve (12) months from the date of issue, unless otherwise noted on the permit
or an extension has been granted, in accordance with the Zoning By-laws.
6.14.
The applicant shall be responsible for ensuring a safe work site. For commercial,
industrial and multi-unit residential developments this shall include the erection of
security fencing or barriers surrounding the construction site in order to restrict
public access to the construction site. The installation of security fencing or
barriers also applies to other types of buildings proposed for demolition when
required by the Town for safety purposes.
6.15.
The Town may revoke any permit issued under the provisions of these By-laws
for any of the following reasons:
6.15.1. construction activity has ceased for a period of six (6) months;
6.15.2. when, in the opinion of the Town, the construction is unduly delayed;
6.15.3. there has been a violation of these By-laws, municipal policy,
development regulations, any other by-law or legislation applicable
thereto; or
6.15.4. when, in the opinion of the Town, the continuance of the work becomes
dangerous to life or property; and
6.16.
Notice of revocation of any permit shall be mailed or delivered to the applicant or
posted upon the site by the Municipal Enforcement Officer or Development
Control Officer. After such notice is received or posted, it shall be a violation of
these By-laws to proceed with any work for which such permit was issued.
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7.
APPLICATION
7.1.
The applicant for a permit shall file with the Town a completed and signed
application form as prescribed by the Town. The application for a permit shall
include:
7.1.1. the civic address of the project;
7.1.2. contact information, name and signature of the owner;
7.1.3. contact information, name and signature of the applicant;
7.1.4. contact information and name of the project engineer /architect /surveyor
(as applicable);
7.1.5. contact information and name of the contractor, (if applicable);
7.1.6. a full description of the project;
7.1.7. proposed plot plan indicating dimensions of building(s) and building line
setbacks prepared by a professional surveyor, or by a professional
engineer or architect when required by provincial legislation or building
code or the Town;
7.1.8. copy of survey of property;
7.1.9. copy of deed of conveyance; and
7.1.10. the total estimated cost of the project and any other information as may
be required by the Town.
7.2.
Complete plans and specifications outlining the project in clearly legible detail,
and other such information as may be required by the Town, shall be submitted
with the application, and shall be provided electronically in a PDF format; a CAD
format with plot style included, or other file format that the Town may agree it is
able to accept.
7.3.
When required by the National Building Code of Canada or the Town, plans and
specifications submitted with an application shall bear the authorized seal and
signature of a Professional Engineer or Architect registered in the Province of
Newfoundland and Labrador.
7.4.
When required by the Town, work carried out under the provisions of Section 6 of
these By-laws shall be inspected by a Professional Engineer or Architect
registered in the Province of Newfoundland and Labrador who shall submit a
declaration certifying that the work has been carried out in accordance with
approved plans and specifications.
7.5.
The Town may refer any application to such other agencies, jurisdiction, or
departments for review and approval as is deemed necessary or as required by
law prior to granting a permit.
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7.6.
The Town may require an applicant for a permit to give notice of the application
by letter to any person or persons whose interest may be affected by the proposed
work, or may require notice of such application to be given at the cost of the
applicant by public advertisement in a newspaper circulated in the area.
7.7.
The application, plans and supporting documents shall be reviewed by the Town
and, if found to be in conformity with these By-laws and all other applicable
legislation and regulations, the Town may issue a permit for the work proposed
upon receipt of the appropriate permit fee.
7.8.
The Town may, upon granting a permit, impose such conditions as may be
necessary to fulfill the requirements of these and other applicable By-laws or
Regulations. Such conditions or requirements shall be outlined to the applicant in
writing prior to, or upon the granting of, the permit.
7.9.
Council may reject any application for any building, the size, design, or
appearance of which, or the location of which, or the use of which, is, in Council's
opinion, unsuitable for the locality in which it is proposed to be erected, or placed,
or inferior in general character to other buildings in that locality or any application
which does not comply with these By-laws, or any other applicable legislation.
7.10.
The Town, in its discretion, may issue a permit for an approved application for the
construction of a portion of a building when plans for that portion have been
submitted and approved, before the complete plans for the entire project have
been reviewed and approved.
7.11.
The applicant shall, at the request of the Town, provide a certification as to the
total cost of construction, which certification must be signed by the owner.
8.
FEES
8.1.
The appropriate fees for a building permit, plumbing permit, occupancy permit,
and/or demolition permit, as well as refundable deposits, levies and assessments
shall be due prior to the issuance of a permit with fees being established by
Council as part of the annual approval of the Town of Torbay Tax and Fee
Structure pursuant to the Act.
8.2.
Refundable deposits shall be released by the Town upon completion of work to
satisfaction of the Town and permit conditions.
8.3.
Requests for release of refundable deposits shall be made by the applicant to the
Town in writing.
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9.
INSPECTIONS / PROGRESS OF WORK
9.1.
Requests for inspections made under Section 9 of these By-laws shall be made
to the Department at least two (2) working days prior to each required day of
inspection.
9.2.
Applicants must ensure that the following inspections are requested, carried out,
and approved by the Town before the subsequent stage of construction.
9.2.1. Water and sewer connections to municipal water and sewer mains shall
be inspected and approved by the Town prior to backfilling.
9.2.2. Fire Rating Inspection during construction and prior to Occupancy for
Multi-Unit Residential Use, or other uses and as required by the Torbay
Volunteer Fire Department.
9.2.3. Fire and Life Safety Inspection (Commercial /Industrial /Multi-Unit
Residential Use) as specified in approval or permitting conditions.
9.2.4. Final Inspection:
9.2.4.1.
completion of all construction of the building prior to
occupancy. Inspection shall be requested when building is
ready for occupancy;
9.2.4.2.
site work inspection;
9.2.4.3.
completion of site requirements such as grading /landscaping
or paving, ditching, culverting, including any development
requirements or agreements applicable to the project;
9.2.4.4.
civic numbering completion.
9.3.
A fee, as approved as part of the annual Town of Torbay Tax and Fee Structure,
may be imposed upon the applicant, payable prior to the next stage of
construction, if the Town is required to repeat a stage inspection because the
previous stage was not completed properly or deficiencies noted were not
corrected.
9.4.
During any inspection, the Planning & Development Department, Development
Control Officer, Municipal Enforcement Officer or Torbay Volunteer Fire
Department will list any deficiencies that are noted on an Inspection Report; and
a copy of the report will be issued to the applicant who shall address the
deficiencies.
9.5.
Any and all portions of a site for which a permit has been issued shall be made
available for inspection as deemed necessary by the Planning & Development
Department, Development Control Officer, Municipal Enforcement Officer or
Torbay Volunteer Fire Department.
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10. DEMOLITION REQUIREMENTS
10.1.
Prior to obtaining a demolition permit, an applicant shall:
10.1.1. provide written confirmation from Newfoundland Power that the electrical
supply to the building has been disconnected and that adequate
safeguards have been taken for the protection of adjacent power lines or
equipment, or that protection is not required;
10.1.2. contact the Town and request that the water supply to the building be
discontinued and provide written verification that it has been
discontinued;
10.1.3. provide written confirmation that the building has been treated by a pest
control company acceptable to the Town;
10.1.4. pay the demolition permit fee; and
10.1.5. provide Hazardous Materials Report, if deemed necessary by Town.
10.2.
Work carried out under a demolition permit shall include:
10.2.1. erection of security fencing or barriers surrounding a commercial,
industrial or multi-unit residential building to be demolished, or when
required by the Town in order to restrict public access to the demolition
site and ensure public safety during the demolition of the building;
10.2.2. removal of all foundation and footings if applicable;
10.2.3. removal of any hazardous materials as per Government of Newfoundland
& Labrador requirements;
10.2.4. removal of any fuel tanks, lines, and related equipment as per
Government of Newfoundland & Labrador requirements; and
10.2.5. backfilling with suitable material, grading to match existing surrounding
grades, and providing a suitable ground.
10.3.
Persons who demolish a building, which is attached to another building or
buildings, shall ensure the attached building is made weathertight and structurally
sound in the opinion of the Town.
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11. SITE STANDARDS / SAFETY AND CLEANLINESS
11.1.
The applicant shall keep the site in a reasonably clean condition and shall remove
all rubbish and debris, failing which, the Town may carry out the requirements of
Section 11 and levy all costs against the owner.
11.2.
Immediately following the completion of any work under a permit, or the
revocation or expiration of any permit, the applicant shall remove from the site all
unused building materials, all construction trailers or buildings, and all debris and
rubbish, and shall restore the site to a clean condition; failing which, the Town
may carry out the requirements of Section 11 of these By-laws and levy all costs
against the owner.
12. OCCUPANCY
12.1.
No building erected, constructed, changed, altered, extended, or repaired shall
be occupied in whole or in part until an Occupancy Permit has been issued by the
Town. Where the terms of a permit prescribe, notice in writing of the intent to
occupy or use a building shall be given at least fourteen (14) days prior to the
date proposed for occupancy.
12.2.
Unless otherwise stated by the Town, the following shall be required prior to the
issuance of an Occupancy Permit:
12.2.1. final electrical certificate signed by Service NL, if electrical work has been
undertaken on the building;
12.2.2. final plumbing certificate to be completed by a licensed plumbing
contractor, registered with the Town of Torbay, if plumbing work has been
undertaken on the building;
12.2.3. written confirmation from a licensed /certified contractor for the
installation of any ventilation equipment, propane appliances /fireplaces,
heat pumps /mini splits, oil fire burners, and woodstoves /chimneys;
12.2.4. final site inspection by a Development Control Officer;
12.2.5. final site inspection by the Town's Infrastructure and Public Works
Department for culverts, headwall, ditching, driveways and any
associated public infrastructure works;
12.2.6. fire and life safety inspection where required under NBCC, NBFC and the
Torbay Fire Prevention By-Law or required by the Torbay Volunteer Fire
Department;
12.2.7. certification by professional engineer, architect or surveyor, confirming
completion of building and site work in accordance with approved plans
and applicable codes for commercial, industrial or multi-unit residential
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developments, and when otherwise required by national building codes,
provincial legislation or by the Town;
12.2.8. payment of the occupancy permit fee; and
12.2.9. other such plans, information, certifications and specifications as may be
required by the Town.
12.3.
The Town may issue a Conditional Occupancy Permit provided there is no
immediate life safety, accident, or health hazards present in the opinion of the
Town.
12.4.
If required by the Town, the applicant will pay a deposit prior to the issuance of a
Conditional Occupancy Permit. The deposit shall reflect the value of the
remaining required work as determined by the Town.
12.5.
The Town may impose conditions specifying completion deadlines or other
requirements before a Full Occupancy Permit can be issued.
12.6.
Should the work required to be completed pursuant to a Conditional Occupancy
Permit not be carried out within the time prescribed in the permit, the Town may
use the deposit obtained under Section 12.4 to complete the work.
12.7.
The Town may refuse to issue an Occupancy Permit if final approvals from other
agencies, jurisdictions, or departments have not been obtained, if outstanding
deficiencies are not corrected, if the building is insufficiently finished, whether for
reasons of safety, appearance, water supply, sanitation, wind and water tightness,
or for any other reason relevant to the degree of completion of construction which
may render the building unsuitable for use or occupancy or applicable fees have
not been paid.
12.8.
No change shall be made in the use or occupancy of any building or any part
thereof until the Town has issued a permit for the proposed occupancy.
12.9.
An applicant, applying for a change of occupancy, shall file with the Town a
completed application form detailing the intended use of the property and, if
required by the Town, provide copies of complete floor plans electronically in a
PDF format, a CAD format with plot style included, or other file format that the
Town may agree it is able to accept.
12.10. A change of occupancy shall be subject to the requirements of these By-laws and
any other applicable legislation, policy, regulation or by-law.
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13. REMOVAL OF HOUSE
13.1.
Where a building is in a dilapidated state, or is, in the opinion of the Council, unfit
for human habitation, or the other use for which it is then being used, or is a public
nuisance, the Council may order the owner or occupier to pull down, remove, fill
in or otherwise destroy the building and return the site to its original state, or make
the disposition or alteration of the building that the Order directs, within the time
specified in the Order in accordance with the requirements of the Act.
13.1.1. unless a permit has been issued in accordance with these By-laws, the
Council may order the owner or builder to stop construction, pull down,
remove, fill in or otherwise destroy the building and restore the site to its
original state, or make the disposition or alteration of the building that the
Order directs, within the time specified in the Order; or
13.1.2. unless construction commences in accordance with the terms of a permit
issued by the Town; or
13.1.3. other than under and in accordance with the terms of a permit issued by
the Council and these By-laws adopted by Council;
14. ORDER
14.1.
Where the Town is of the opinion that a person is contravening these By-laws or
any other Town by-law, regulation or guideline adopted or approved under the
Towns and Local Service Districts Act, 2023, or the Urban and Rural Planning Act,
2000, the Town Council may issue an Order for the property owner or applicant
to address the non-compliance to satisfaction of the Town.
15. ORDER NOT OBEYED
15.1.
Where an Order made under Section 14 of these By-laws is not complied with
within the time set out in the Order, and a period of 14 days has passed from the
time of service or posting of the notice, and an appeal has not been started, heard
or otherwise disposed of under Section 16, the Council may carry out the work
required by the Order through its employees or agents and may recover the cost
of carrying out the Order as a civil debt from the person on whom the Order was
served.
15.2.
The Council or its employees or agents may take an action by way of prosecution
or other legal proceeding including but not limited to an application for an
injunction or declaratory relief which the Council or its employees or agents
consider necessary to enforce these By-laws or an Order made under these By-
laws.
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16. APPEAL
16.1.
A person has the right to appeal a permit issued under these By-laws or any
conditions thereto in accordance with the Act. An appeal, grounds for appeal, and
associated appeal fee shall be submitted to the Appeal Officer with the
Government of Newfoundland & Labrador (Department of Municipal Affairs)
within 14 days of the decision being issued by the Town. If the appeal, and
grounds for appeal, and fee are not submitted within this time limit, the right to
appeal is considered to be forfeited in accordance with the requirements of the
Urban and Rural Planning Act, 2000.
16.2.
A person aggrieved by an Order made under Section 285 of the Act, may, within
14 days of the service or posting of the Order, appeal the Order in accordance
with Section 286 of the Act. An appeal, grounds for appeal, and associated appeal
fee shall be submitted to the Appeal Officer with the Government of
Newfoundland & Labrador (Department of Municipal Affairs) within 14 days of the
decision being issued by the Town. If the appeal, and grounds for appeal, and fee
are not submitted within this time limit, the right to appeal is considered to be
forfeited in accordance with the requirements of the Urban and Rural Planning
Act, 2000.
16.3.
Where an appeal has been started under Section 286 of the Act, a town council
shall not begin to carry out an Order made under Section 285 of the Act until the
appeal has been heard or otherwise disposed of.
16.4.
In accordance with Section 286(3) of the Act, a Stop Work Order remains in full
effect and a person who violates that Order contravenes this Act.
16.5.
In accordance with Section 286(4) of the Act, where a building poses an
immediate threat to public health and safety, a town council may take the action
it considers necessary to eliminate that threat and the costs of that action may be
collected from the owner of that building as a civil debt owed to the town.
16.6.
In accordance with Section 286(5) of the Act, where an Order relates to the
removal or demolition of a structure, Council shall not proceed to act under
Section 286(4) unless it has a report from an architect, an engineer, a building
inspector, or the fire marshal that the building or structure is dilapidated or
structurally unsound and that report is proof in the absence of evidence to the
contrary that the building or structure is dilapidated or structurally unsound.
16.7.
Enforcement of these By-laws may be carried out through an application for
injunctive or declaratory relief as provided for under Section 104 of the Urban and
Rural Planning Act, 2000.
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17. COMPLIANCE WITH OTHER ACTS AND REGULATIONS
17.1.
Nothing in these By-laws serves to exempt any persons from obtaining any
license, permission, permit, authority or approval required by any other By-law of
the Town or any statute or regulation of the Province of Newfoundland and
Labrador or any other authority, and in such cases where more than one
regulation or statute applies the more restrictive regulation or statute shall apply.
18. ENFORCEMENT
18.1.
These By-laws shall be enforced by the Department, the Development Control
Officer, the Municipal Enforcement Officer, the Torbay Volunteer Fire Department,
and any employee or agent designated by Council.
18.2.
In keeping with Section 172 of the Act and Section 105 of the Urban and Rural
Planning Act, 2000, employees or agents of the Town authorized by Council may
enter upon a property to make an inspection or survey for the purpose of these
By-laws.
19. PENALTIES
19.1.
Penalties may be applied in accordance with Section 290 of the Act.
19.2.
This By-law shall not exclude the application of other penalties not expressly
listed.
19.3.
The obligations and duties of the Town as contained in these By-laws shall be
binding and where the existence or extent of such obligations and duties conflict
with other obligations and duties contained in other legislation then the provisions
of these By-laws shall prevail.
20. REPEAL OF PREVIOUS BY-LAWS AND AMENDMENTS
20.1.
None
21. PUBLICATION
21.1.
The Notice of Adoption of these By-laws shall be published in a newspaper
circulating in the area and in the Newfoundland and Labrador Gazette.