On a new Queensville or Sharon home, wait until the developer's engineer has certified your lot grading before building anything that could change drainage. Until the Town assumes the subdivision, ponding is still the developer's problem.
Most of East Gwillimbury's newest housing is in subdivisions in Queensville and Sharon, and the first summer in a new home is when people want the deck, the shed and the fence. The Town of East Gwillimbury asks you to slow down first. Its guidance is about one thing: the lot's grading and drainage were designed for the whole street, and a small backyard project can quietly undo it.
Who is responsible for what
The Town's development engineering page splits the job in three. The developer hires a professional engineer to design the subdivision's grading and drainage and sets the elevations. The builder fine-grades and sods each lot to that design, makes sure each lot is certified by a professional engineer, and repairs grading problems until the subdivision is assumed. The homeowner keeps surface water flowing away from the house, waits for the lot certification before landscaping or fencing, and does not change the grading or drainage.
The certification is the engineer's confirmation to the Town that your lot was graded in line with the approved grading plans. It happens after grading and sodding are finished, so it is often months after you move in.
What "assumed" means, and why you can't just wait for a date
A subdivision is assumed once the developer has finished the stages of development and met the requirements of its agreement with the Town to the Town's satisfaction. There is a maintenance period of at least 13 months before the developer can even apply. The Town also says assumption has no time limit, and that it does not send a formal notice when a subdivision is assumed. If you want to know where your street stands, call the Town's Customer Service at 905-478-4282.
Until assumption, the Town says improper drainage or water ponding remains the developer's responsibility. That is useful to know, but it is also the reason not to change anything: a new deck footing or a regraded corner gives the developer a reason to say the problem is yours.
What not to touch
The Town's page is blunt. Residents are not permitted to change the grading and drainage patterns on their property, or to alter or fill in drainage swales. Homeowners who change drainage patterns could be held liable for damages. Rear-lot catch basins can't be removed or covered, and only surface runoff may enter them. Nothing may be built or placed within an easement. On fences specifically, the Town says construction before grading approval may result in removal.
If you paid a grading deposit to your builder, note that the Town says any deposit the builder holds is not a Town requirement. Your purchase agreement with the builder should say when it is released, so read it before you dig.
Deck: the permit rule is not the same as the grading rule
The Town's building permit page exempts a wooden deck only if it is completely uncovered, less than 600 mm (24 inches) above the ground around its whole perimeter, not next to a required exit or emergency access, and not serving a required ramp. Replacing deck boards is also exempt. But passing the permit test does not clear the grading question. Footings, a raised patch of soil or fill next to the deck can still redirect water toward a neighbour. On a new lot, ask the builder or developer before you commit to a location.
Shed: exempt from a permit, not from the easement
A detached storage shed of 15 m² (161 ft²) or less with no plumbing does not need a building permit, according to the Town. A detached structure of 10 m² or less without plumbing is exempt as well. Where it can sit is a separate question: keep it out of any easement and off a drainage swale, and check the zoning by-law's setbacks for your lot.
Fence: no building permit, but wait for the certificate
A standard fence needs no permit in East Gwillimbury. The Town's limits are 0.9 m (3 ft) in a front yard (1.2 m for chain link) and 2 m (6.6 ft) in side and rear yards, at least 45 cm from a sidewalk, and none in a sight triangle. A fence that doubles as a pool enclosure needs a Pool Enclosure Permit. Fences are also where the Town says work done before grading approval may be removed, so building one early can mean paying for it twice. Check your survey for the property line first; the Town does not determine property lines.
Retaining walls and landscaping
Retaining walls up to 1 m (39 inches) of exposed height are exempt from a building permit, and so are planters and patio-stone walkways. On a new lot those still count as landscaping that can alter drainage, so the same wait-for-certification advice applies.
What a handyman can do in the meantime
The waiting period is a good time for jobs that do not touch the yard: caulking, door adjustments, drywall touch-ups, shelving and fixtures. If you want a deck or fence built once the lot is certified, a vetted craftsman can price it then. If water is pooling in the yard now, do not fix it yourself: call the Town and the builder first.
Quick answers
Can I build a deck on a new home in Queensville before the lot is certified?
Not safely. The Town tells owners not to build anything that may change grading or drainage until the developer's engineer has certified the lot, and work done earlier may have to be removed.
Do I need a building permit for a fence in East Gwillimbury?
No, a standard fence doesn't need a building permit, according to the Town. A fence that serves as a pool enclosure does need a Pool Enclosure Permit.
Who pays if water ponds in my yard before the subdivision is assumed?
The developer is responsible for improper drainage and ponding until the Town assumes the subdivision. Call the Town's Customer Service at 905-478-4282 if you see water pooling.
How do I know if my subdivision has been assumed?
Ask the Town, because there is no formal notice when a subdivision is assumed. Call Customer Service at 905-478-4282 and give your street.
Is a small shed exempt from a building permit in East Gwillimbury?
A detached storage shed of 15 square metres or less with no plumbing is exempt from a building permit. That exemption doesn't override grading, easement or zoning rules.
Before you break ground
Find out whether your lot is certified, and whether your subdivision is assumed. Ask the builder in writing, and call the Town if you do not get a clear answer. Then check the permit exemptions above, and keep every structure clear of swales, catch basins and easements. If you would like a price for the work once you are cleared, you can request a fixed price from Rhodex.
Related reading
- Deck repair from Rhodex: get a fixed price
- Deck Repair or Rebuild in East Gwillimbury: When Does It Need a Permit?
- Deck and Fence Repair on a Newer Stouffville Lot
- How Do Building Permits Actually Work in York Region?
- Pool Fence or Gate Broken in East Gwillimbury? What the By-law Requires
- Putting Up a Shed in East Gwillimbury: Permit, Setbacks and the Conservation Rule
- Do Exterior Repairs in Sharon's Heritage District Need a Permit?
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