Not surprisingly, some cottagers and locals aren’t thrilled with the concept of the modern-day boathouse as it can impact prime lake views and have potentially negative environmental impacts. Let’s take a look at what the big deal is around boathouses here in the Muskoka region and what , if any, permits are required if you want to build or restore one.

Recent regulations

As of June 1, 2017 and pursuant to the Public Lands Act, docks, swim rafts, single-storey boathouses (and more) do not require a permit or occupancy requirement. However, it’s important to always read the fine print, as “Some of these are subject to municipal zoning or building bylaw, and/or federal regulation. Provincial work permits may still apply…”. One item to note in particular regarding boathouses and docks is that if the structure touches more than 15 sq. m. of shore lands, a permit is required. For more information, read here.

The permit process

If you are planning a two-storey or large boathouse build that requires a permit, expect to wait several weeks for approval. Depending on the size, materials used, type of structure and potential environmental concerns, your application may be denied and you could have to start over with proposing a new design. It’s important to note that even with the proper permits, there may be other cottage owners on the lake who might dispute your boathouse build. That’s why its important to keep thorough records of all applications, surveys, blueprints and permits, and to consult with a real estate lawyer who understands the legalities associated with such properties.

Boathouse restorations

If you want to restore or update your current boathouse while keeping the same ‘footprint’, you likely won’t need a permit, unless of course you’re adding in new electrical, plumbing or heating/air conditioning, or going up a storey or two. Many older boathouses have been ‘grandfathered’ in, and are considered legal, non-conforming structures. However, for any changes to the structure or crib, be sure to consult the professionals and inquire about permits to be on the safe side.

The bottom line is that if you’re planning a boathouse build or renovation that has a crib over 15 sq. m., is more than one storey high, or is on protected land/waterways, be sure to inquire about what permits may be needed. As experienced lawyers specializing in real estate law in Bracebridge and the Muskoka region, it’s our job to advise our clients about local by-laws and other regulations, including all and any laws surrounding boathouses and docks. Our team is here to do the legal leg-work so you can do what you’re meant to do at the cottage – relax! Call us today at 705-645-8743.

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How does it all work?

First of all, every case and every property is unique, so there can never be a blanket issue that is always “grandfathered” across the board. When reviewing an issue, inspectors, by-law officers and/or real estate lawyers first look at the records and the history of the property, then review all the facts in relation with municipal and provincial building codes.

If you are selling an older home or cottage, you may be concerned about whether certain issues comply with new zoning laws or building codes. In many cases, sellers can rest easy if the issue was already established before the new requirements were made, and if the use was lawful under the old zoning (and if legal permits were obtained at the time). In legal terms, we call it “lawful prior non-conforming use”.

Muskoka-specific concerns:

Here in Muskoka, grandfathering issues come up regularly because of the multitude of older homes and cottages in the area – many going back to the 1800’s. Some cottages (and additions) were built without permits altogether, or many had work done by ‘Grandpa Joe’ who wasn’t a qualified builder…or electrician, or plumber for that matter. Further, some people think that because a cottage is used only seasonally, or that it’s simply a recreation property, it doesn’t need to meet current zoning or building codes, which isn’t the case. That’s why we have so many issues around code compliance in this area.

It’s very important if you are thinking about buying in cottage country that you first find out about what items are or are not grandfathered, or you could find yourself dealing with very costly renovations or repairs. There are also strict environmental policies that need to be complied with. For example, ‘new build’ boathouses aren’t allowed in this region anymore, so the only option may be to repair or permanently remove an older one because a re-build is not an option. Further, there are newer conservation policies to protect the rivers and lakes, so water tables, septic tanks, septic beds, wells, etc. have strict codes to adhere to. Turning a blind eye to these important regulations is never advised, because when the time comes to sell your property, or even if you get inspected for insurance or mortgage purposes, you may find yourself on the hook for all necessary upgrades or repairs.

What’s next?

If you’re worried about whether your home or cottage complies with your municipality’s zoning and by-laws, be sure to do your research, and hire a qualified inspector. Also, working with an experienced real estate law team will help tremendously, as they will conduct research on outstanding permits, existing liens, encumbrances, violations and other matters regarding proposed uses for your property.

Working with an experienced real estate lawyer who knows the specific legislation in your area will help you if you have concerns about your home, cottage or property and what can or cannot be grandfathered. We specialize in real estate law, and it’s our job to ensure that nothing is missed and that your best interests are always protected. If you’re considering renovating, buying or selling in Bracebridge and the Muskoka area, connect with our team today by calling (705) 645–8743 to learn more about the services we offer and how we can help.

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