Toronto's Construction Access Bylaw

The new construction access bylaw became law on October 2008.  The bylaw provides onerous requirements on persons wishing to do repairs to their own property where to do so means accessing it by travelling upon neighbouring property.  Property owners may now only enter on adjoining lands with either the consent of the adjoining landowner or by obtaining a permit. The permit must be applied for and adequate security must be posted depending on the nature of the work proposed. In addition the person doing the work must add the neighbouring land owner to  their policy of insurance. The days of tradesman just showing up and planting scaffolding on your lawn to stucco your neighbour's house are gone.

Assigning Condo Agreements

With the boom in condominium construction across the GTA and the rise in home prices it is now commonplace that original purchasers are assigning their agreements of purchase and sale to new buyers. This must be done with the consent of the builder and thus any assignments must be conditional upon the builders consent. The consent is usually forthcoming upon payment of the assignment fee and proof that the assignee is qualified for a mortgage. The fee is usually set out in most agreements but is generally several thousand dollars. In  addition it is important the parties understand that the assignee steps into the shoes of the original purchaser and thus becomes liable for all of the obligations set out in the original agreement between the assignor and the builder. This could include the occupancy closing and the unit transfer. Be sure you understand these two dates and what is expected of you.  If you are contemplating an assignment you should obtain legal advice before agreeing to  anything.