A cottage boathouse is often so much more than a boathouse. In fact, sometimes its role to house a boat is its least important function! From being a storage space, party spot, extra bedroom or a cool, shady escape on a hot day, a boathouse is a multi-purpose must-have for many cottagers. However, there are also those who aren’t big fans of boathouses, as they can obstruct views, affect the wildlife and plant life of the lake, or they can be ‘party central’ for some cottages, potentially upsetting the tranquility and peace of the area.
If you are considering a boathouse build or perhaps want to renovate your existing one, we’ve outlined a few tips to help you get started so that you are fully prepared as well as fully protected from any legal concerns that may arise.
Permit or no permit?
Here are the highlights of the new Public Lands Act as of June, 2017 from the Ministry of Natural Resources and Forestation (MNRF). Essentially, docks, boat ramps, single storey boathouses and other structures are considered to fall within what’s referred to as ‘free use’ of public lands, and don’t require a permit. There are some exceptions naturally, and you may require municipal or provincial permits, particularly if a structure touches more than 15 square metres of shore lands/lake bottom or if it’s more than one storey high. Additional permits may be required depending on environmental factors unique to your waterway or land.
Permits & by-laws
If you are planning a new large boathouse build or an extensive renovation and need a permit, it’s important to provide surveys, blueprints, materials lists, as well as other documents as requested from your municipal or other authority.
Even if you are within your legal rights to have or build your boathouse, there may be formal or informal complaints about it. In these instances, you can always consult with a real estate legal team who can review your documents and advise you accordingly.
What about restoring your boathouse?
For a basic boathouse restoration, a permit is generally not required if you are maintaining a similar footprint. However, to change up the structure or size over 15 sq. m., or in terms of installing heating, plumbing or electrical for example, the usual building permits are required. In the Parry Sound and Muskoka regions, many boathouses are grandfathered in (also called legal, non-conforming) and may not be impacted by certain by-laws. Your real estate lawyer will be able to help you ascertain whether or not your cottage falls under this jurisdiction.
As you can see, there’s a lot to know about buying a cottage, as well as what’s involved when owning docks and boathouses. Our team at Ares Law in Parry Sound is here to walk you through the process; we know real estate law and we are well versed on all local, provincial and federal rules and regulations regarding cottages and waterways. Be sure to connect with us before you buy, sell or build. Call 705-746-6444 for the sound, professional legal advice you need so that you can protect your investment and enjoy the wonders of cottage life.
