What does Ontario require when digging beside a neighbour's house?
What does Ontario require when digging beside a neighbour's house?
When excavation may affect the stability of an adjacent building, Ontario's construction regulation (O. Reg. 213/91, s. 229) requires that an engineer specify the precautions in writing before the work begins. That is the rule that changes the job when you are digging close to a shared lot line or a neighbour's foundation.
Before anyone puts a shovel in the ground
Ontario's Underground Infrastructure Notification System Act, 2012 requires a locate request before any digging starts. Ontario Dig Authority asks for that request at least 5 business days before you dig, and the service is free. The contractor doing the excavation is the excavator under the Act, so on a hired job the locate obligation falls to them. Ask in writing who will submit the request and when.
O. Reg. 213/91 also requires that a level strip at least 1 m wide be kept clear at the edge of any excavation. Beyond that, the engineering precautions required under s. 229 are the contractor's responsibility to arrange. The engineer's written specification is what you ask to see before work starts, not after.
A few things worth confirming with the contractor before signing:
- Who submits the locate request, and will you receive confirmation that utilities have responded?
- Has an engineer been engaged to assess the effect on the adjacent building, and will their written precautions be on site before digging begins?
- What is the scope of the excavation: which walls, what length, and how deep?
- Who pulls the building permit if the work is on the permit list (structural foundation repairs and drain tile replacement are both listed by the City of Ottawa)?
If you have a quote in hand, ask the contractor to show you the engineer's letter covering the adjacent-building precautions before you give any deposit.
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Waterproofing IQ -- Built from the Ontario Building Code, Ontario regulations and City of Ottawa sources and real construction experience. Answers are for informational purposes only and are not a professional assessment.
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