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Municipality of the District of Lunenburg
By-law Details
Name
Building Code By-law
Number
018
Legislative Authority
NS Building Code Act and Regulation Chapter 46 of the
Revised Statutes of Nova Scotia, 1989, MGA 172(1a)(2e)
Effective Date
January 1, 2026
Title
1
This By-law will be known as the "Building By-law"
Authority
2
(1)
Section 172(1)(a) and (2)(e) of the Municipal Government Act empowers
Municipalities to make by-laws respecting "the health, well-being, safety and
protection of persons and "provide for a system of licenses, permits or approvals."
(2)
Section 7(1) of the NS Building Code Act enables the Council of the Municipality of
the District of Lunenburg to make a By-law that is not inconsistent with the NS
Building Code Act or Regulations.
Definitions
3
(1)
Unless otherwise defined, definitions contained in the Building Code Act, and Nova
Scotia Building Code Regulations, and Nova Scotia Building Code also apply to this
Bylaw.
(2)
In this By-law, the following means:
(a) NS Building Code Act or Act means Chapter 46 of the Revised Statutes of Nova
Scotia, 1989, the Building Code Act, as amended;
(b) Building Official means any person appointed to that position by the Council of
the Municipality of the District of Lunenburg under Section 5 of the NS Building
Code Act;
(c) Municipality means the Municipality of the District of Lunenburg;
(d) Nova Scotia Building Code Regulations or Regulations refer to regulations made
under Section 4 of the Act; and
Building Code
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(e) Location Certificate means a document certified by a Nova Scotia Land
Surveyor confirming the location of a structure in relation to the lot boundaries.
Application
4
(1)
This By-law applies to the entire Municipality.
(2)
In addition to the requirements and provisions set out in this By-law, all
requirements and provisions of the Act and Regulations apply to the entire Municipality.
Required Permits
5
(1)
A Footing Permit is required to ensure compliance with the municipal wide Land Use
By-Law and Land Use By-laws for Secondary Plan Areas where front yard, side yard, rear
yard and setback requirements are in place and when a building permit is also required.
Or as outlined in Section 13
(2)
A Building Permit is required for all work that is within the scope of the Regulations,
Article 6 and is not exempt from the requirements of the Regulations, Article 9
(3)
An Occupancy Permit is required:
(a)
to allow the initial occupancy of a building or part of the building;
(b)
when the occupancy classification of a building or part of the building is changed;
(c)
to allow partial demolition or alteration of a building;
(4)
A Demolition Permit is required for the demolition of a building, portion of a
building or any material part of a building.
Application Requirements
6
(1)
An application form must be completed in full before a footing permit, building
permit, demolition permit, or occupancy permit may be issued.
(2)
All applicable fees, as established in Policy 058 Fees, must be paid in full before a
footing permit, building permit, occupancy permit, or demolition permit may be issued.
(3)
Permit Fees paid under this By-law may be refunded if:
(a)
the owner of the project notifies the Building Official, in writing and within 6 months
of the date of issue, that the project has not proceeded as far as the excavation stage and
will not be proceeding. In these cases, the Building Permit will also be revoked;
Building Code
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(b)
the Building Official is unable to issue the Building Permit for the application that
was made and fees paid;
(c)
regardless of clauses a) and b) the administration fee portion of the application fee,
as noted in Policy 058 Fees will be non-refundable;
(4)
Every application for a permit must:
(a)
identify and describe in detail the work and occupancy to be covered by the permit
that the application is made;
(b)
describe the land by including the Nova Scotia Land Information Management
Service Parcel Identification Number (PID), or where this number does not exist, the
assessment account number;
(c)
include plans and specifications as required by Section 2.3 of the National Building
Code of Canada, which must include:
(i) building plans drawn to scale;
(ii) a site plan adequate to identify and locate the lot and determine
distances of existing and proposed construction from lot lines, building separations
and building locations and showing:
(A)
the dimensions and total area of the lot;
(B)
the location of the proposed and existing buildings on the lot and the
relationship between the proposed building or structure and other buildings on
the same or adjacent properties, indicating the distance from all property lines,
the distances between buildings and the heights of buildings;
(C)
the width, location and nature of any easement affecting the property;
(D)
north point;
(E)
scale to which the plan has been drawn;
(F)
the name of public streets and / or private roads shown on the plan, and
(G)
the civic address for the property and adjacent properties.
(d)
state the value of the proposed work based upon materials and labour;
(e)
state the name, addresses and telephone numbers of the owner, architect,
professional engineer or other designer, constructor and any inspection or testing agency
that has been engaged to monitor the work or part of the work;
(f)
describe any special building systems, materials and appliances;
(g)
be accompanied by an up-to-date plan of survey or location certificate prepared by a
registered Nova Scotia Land Surveyor containing sufficient information regarding site and
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the location of the building in relation to the lot lines, where determined by the authority
having jurisdiction as necessary to:
(i) establish before construction begins that the regulations of the Building Code
Act related to the site and location of the building will be complied with;
(ii) verify that, upon completion of the work, all such regulations have been
complied with; or
(iii) verify prior to construction beyond the footing stage that any yard requirements
required by a Land Use By-law and which formed the basis for the issuance of a
Development Permit, have been complied with.
(h)
such additional information as may be required by the authority having jurisdiction.
Withholding Permits
7
(1)
A Building Official must, if applicable, withhold a building permit until satisfied that
the following permits have been issued:
(a)
a valid on-site sewage disposal permit issued by the Department of the Environment
and Climate Change for the construction of a building requiring a new private on-site
sewage disposal system;
(b)
any permit required under the Public Highways Act;
(c)
all approvals, with applicable fees paid in full, for the installation and hook-up of
municipal sewer and water infrastructure;
(d)
a heritage property permit/approval under the Municipality's Heritage Property By-
law, or Heritage Property Act of Nova Scotia;
(e)
a Development Permit under a Land Use By-law;
(2)
A Building Official may withhold issuing a building permit until satisfied that all
applicable requirements of the Municipality's By-law Respecting the Subdivision of Land
have been complied with.
(3)
A Building Official may withhold issuing a demolition permit until satisfied that the
building is not subject to the provisions of a by-law passed under the Municipal Heritage
Property By-law or Heritage Property Act.
Permission to Proceed in Part
8
The issuance of a partial building permit is subject to the restrictions and conditions as
outlined in Article 1.4.1.11 of the Regulations.
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Temporary Building Permits
9
The issuance of a temporary building permit is subject to the restrictions and conditions
as outlined in Article 1.4.1.12 of the Regulations.
Conditional Building / Conditional Occupancy Permit
10
The issuance of a conditional building permit or a conditional occupancy permit is subject
to the restrictions and conditions as outlined in Article 2.5.1.5 of the Regulations.
Location Certificates
11
(1)
With the exception of section 11(2) of this By-law, a location certificate is required
for all new structures and any new construction that alters the building envelope and
must be approved by the Building Official and the Development Officer after the footings
or monolithic slab has been poured to ensure the construction meets the requirements of
the Land Use Bylaw and Building Code.
(2)
Under the sole discretion of the Building Official, a location certificate may not be
required for any additions to buildings or for accessory structures.
Expiry of Building Permits
12
(1)
A building permit is valid for 1 year from the date of issue and may be renewed by
making a renewal application to the Building Official and paying the administration
portion of the building permit fee applicable to the building permit.
(2)
The Building Official reserves the right to refuse a building permit renewal request.
(3)
A building permit may be renewed 2 times.
(4)
If no construction has commenced at the time of an expiry of a building permit a
new development permit will be required.
(5)
If an occupancy permit has not been issued prior to the end of the second, 1 year
renewal period a new application must be made to complete the project. The new
application must comply with and meet all the requirements of the Act and the
Regulations, Municipal Land Use By-law and this Bylaw (Building Code Bylaw) at the time
a new application is made.
Inspections
13
(1)
The Building Official must be notified a minimum of 2 business days in advance to
inspect for compliance with this By-law, the Act and the Regulations, at the following
stages:
(a)
All construction other than those described in clauses 13(1)(b) and (c)
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i)
footings in place;
ii) the site before starting backfilling of the laterally supported foundation, before a
superstructure is placed on the foundation;
iii) the framing, roof and plumbing and mechanical;
iv) insulation and vapour barrier before wall framing is covered;
v) before occupancy.
(b)
Mobile/Modular Homes conforming to 1.4.19 of the Regulations
i)
footings in place;
ii) (A) in the case of a mobile home, the site preparation, foundation installation
and anchorage in accordance with CSA CAN3-Z240.10.1-94 "Recommended Practice
for Site Preparation, Foundation and Anchorage of Mobile Homes";
(B) in the case of a modular home site preparation and foundation.
(iii) installation and anchorage, and
(iv) before occupancy.
(c)
Buildings constructed outside the scope of Part 9 of the National Building Code:
i)
of the intent to undertake construction that will be inspected and will be
reviewed as per the appropriate Letter of Undertaking;
ii) of the intent to cover construction that has been ordered to be inspected by the
Building Official before covering;
iii) at intervals deemed necessary by the Building Official based on the complexity of
the building, and
iv) when construction has been completed so that a final inspection can be made.
(d)
For Demolition:
i)
at the commencement of the demolition work;
ii) at such intervals as are deemed necessary - and noted on, or attached to the
demolition permit, by the Building Official;
iii) when demolition has been completed, and
iv) when the demolition site has been covered over or reclaimed.
Coming Into Force - Repeal
14
The Building Code By-law, as approved by Municipal Council on March 8, 2011, is hereby
repealed and replaced with new By-law 018 effective January 1, 2026.
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By-law Adoption
Effective date of original by-law
January 01, 2026
Date of first reading
July 22, 2025
Date of advertisement of notice of intent to consider
July 22, 2025 &
August 25, 2025
Date of second reading
September 23, 2025
Date of advertisement of passage of by-law
Effective date of the by-law unless otherwise specified in the text of
this by-law.
September 23, 2025
January 1, 2026
Date of mailing a certified copy of by-law to Minister
September 29, 2025
I certify that this By-law 018 Building Code By-law was repealed and replaced by Municipal
Council and published as indicated above.
Signature of Municipal Clerk
Date
Version
Amendment Description
Council Approval
Original
018 Building Code Bylaw
January 01, 2026
Repeal & Replace
Removed Schedule A - fees, added location certificate
requirements, new expiry of permits section, updated to
accessible format, and clear language revisions and
renumbering.
September 23, 2025
V3 - 018C
Allow non-profit organizations to be exempt from
paying administration fee.
March 8, 2011
V2 - 018B
Amended to add a flat rate fee per application for
temporary structures and change f use permits, clarified
the language on the fee schedule to match the national
building code and made application fee non-refundable.
August 11, 2009
V1 - 018A
Amended to increase fees by 10%, effective date July 21,
2009
July 14, 2009
Repeal & Replace
New formatting and new schedule of fees, effective date
April 3, 2006
October 11, 2005
Amended permit fees and clarified that Inspector can
withhold a building permit
March 10, 1998
Amended to allow council to set fees by resolution
August 25, 1993
Amended to increase all permit fees by $10.00
April 10, 1991
Se
September 26, 2025
Effective date January 1, 2026
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Repeal & Replace
Removing Minium Standards of Housing By-law and
Building By-law N.B.C 1980. Effective date April 1, 1987
March 25, 1987
Repeal & Replace
Adoption of 1980 N.B.C. with further amendments to
7.13, 4.1 and deletion of 12.1 and 11. Also adopting the
1980 Plumbing Code, Building standards Code for
Handicapped, Farm Building Code including the values
set in the Climatic Data Table. Effective date July 1,
1984.
March 28, 1984
Amended to require on-site sewage disposal permit,
access permit, and approval for subdividing under
subdivision by-law and regulations.
September 20, 1977
Adoption of 1975 N.B.C. excepting sections 1.3.2, 2.4.17,
2.7.13, 2.12.1 and adoption of Canadian heating,
Ventilating & Air Conditioning Code, 1975, Plumbing
Code, Safety Code and Span Tables. In addition, giving
authority to municipal employees under direction of
Building Inspector.
June 27,1975
Adoption of 1970 N.B.C. and added provision for
violations and fees for permits.
June 10, 1974