Markham minor variance for a deck, addition or garage: what buyers and sellers should know

The short answer

A minor variance in Markham lets an owner build or use land in a way that does not exactly comply with the zoning by-law while still following its general intent. For a deck, addition or garage that usually means a setback, height or coverage number that is slightly off. The City of Markham’s Committee of Adjustment decides the request at a public hearing.

If you are selling, an unapproved structure can slow a closing. If you are buying, it can become your problem the day you take title. This post explains how the Markham minor variance process works and what it costs, using City of Markham pages. It is general information, not legal advice. A real estate lawyer should review the specifics of any property.

What a minor variance is and the four tests

The City describes a minor variance as permission to build or use land in a way that does not exactly comply with the zoning by-law. Its examples are relief from a minor height restriction or a side yard setback.

The Committee of Adjustment has to be satisfied on all four of the Planning Act tests, which the City lists on its minor variance page:

1. The variance meets the general intent and purpose of the zoning by-law.
2. It meets the general intent and purpose of the Official Plan.
3. It is desirable for the appropriate development of the land, building or structure.
4. It is minor in nature.

The City adds that each case is judged on its own merits. A variance may be minor in one situation and major in another. A request that looks small on paper can still fail if it affects the neighbours in a way the Committee finds more than minor.

When a Markham deck, addition or garage needs one

A minor variance is needed when a proposal does not comply with the zoning by-law. It is not the same as a building permit. A project can need either one or both.

On the building permit side, the City says a deck needs a permit if it is larger than 10 square metres or attached to the house or more than 600 millimetres (2 feet) above the ground. A new shed or other accessory building needs a permit if its footprint is larger than 10 square metres. Those rules are about the Ontario Building Code process. The City’s building permit page is clear that you must follow Markham’s zoning by-laws when you build. Its pages list “zoning compliance mistakes” as a common cause of delay.

Zoning is now set by Comprehensive Zoning By-law 2024-19. The Ontario Land Tribunal approved it on September 19, 2024, except for lands tied to remaining site-specific appeals. It is deemed to have come into force on January 31, 2024. The City says not every property is affected, so use its online Zoning Search to confirm the rules for an address.

One date matters for projects that started under the older rules. The City says its transitional provisions cover complete applications received before January 31, 2024. Those provisions run until January 31, 2027 and the affected applicants must secure building permits by then. If that could apply to you, ask City staff well before the date.

Step by step: how the Markham Committee of Adjustment process works

The City recommends starting with a Zoning Preliminary Review from the Building Standards Department. It identifies the zoning requirements and the relief needed before you file. The City says an additional fee applies and that missing a variance at this stage can cause delays and later applications.

After that, the steps on the City’s page run as follows:

1. Apply online through the City’s ePLAN portal.
2. The prescreen review checks that the plans and documents are uploaded and meet the ePLAN standards. Fees are confirmed here.
3. The file is circulated to a City planner and to internal and external agencies. Comments can come back from staff, agencies and the public.
4. City staff give you the required sign and its posting date. The sign must be posted at least 14 days before the hearing or the case moves to the next available meeting.
5. The City mails the Notice of Hearing 14 days before the hearing to owners within 120 metres of the property. The Planning Act requires notice within 60 metres.
6. The Committee hears the case. The City says meetings are generally held twice a month starting at 7 p.m. Its hearing page says they run on Zoom and are livestreamed.
7. The Committee gives a verbal decision at the hearing and a written decision follows within 10 days.

The City says the whole process may take up to 2 months. A submission is not an application with a review timeline until it passes prescreen and the fees are paid.

Neighbours and other interested people can speak at the hearing or send written comments. The City asks them to complete its Interested Party Comment Form at least 2 days before the meeting. Applicants do not need to complete that form.

What the Committee can decide

The Committee can approve the application, approve part of it, defer it so you can return with a revised proposal or deny it. An approved decision has a 20 day appeal period and if nobody appeals within 20 days the decision is final and binding. If the Committee approves with conditions you have to clear them. The City says they must be met before a building permit is issued unless the Committee says otherwise.

Only the applicant, the Minister of Municipal Affairs and Housing or a specified person or public body can appeal to the Ontario Land Tribunal. The City says that restriction took effect on November 28, 2022. Filing the appeal with the City’s Secretary-Treasurer costs $400 payable to the Minister of Finance plus a $286 City administration fee plus HST.

What a Markham minor variance costs

The City’s minor variance page does not list the amounts. It refers to Fee By-law 211-83, which is consolidated for convenience to January 1, 2026. Table 7 lists these minor variance fees per application:

Type of variance	Fee
Residential small scale: additions, alterations, new homes, accessory buildings, structures or decks under 50 square metres	$2,942
Development standards: additions, alterations or new dwellings of 50 square metres or more	$6,931
Technical variance to rectify an existing site condition	$2,412
Heritage variance, where Heritage staff or Heritage Markham asked for a historic condition or feature	$0

The by-law says fees are paid when the application is submitted and that HST applies where applicable. It also says most fees rise each January 1 by the Ontario consumer price index up to a maximum of 5 percent a year. So the table will change in 2027. The Zoning Preliminary Review has its own fee and the City confirms the application fees at prescreen. Treat the table as a guide and ask the City for the current amounts.

The by-law defines a technical variance as a minor variance for an existing building or structure that needs approval because of one or more minor siting errors. That is the category a seller might use to fix a deck or garage that was built slightly off the approved location. The Director of Planning and Urban Design decides whether a variance counts as technical.

Illustrative example: a Cornell deck that sits too close to the lot line

This example is illustrative only. The details are invented for explanation and are not a real property or a real decision.

Suppose a family in Cornell is selling a detached home. Years ago the owners built a rear deck that is attached to the house and 800 millimetres above grade. A permit was needed because it is attached and over 600 millimetres. During the sale, the buyer’s lawyer asks for the permit record and finds nothing closed. A City zoning check also suggests the deck sits closer to the rear lot line than the by-law allows.

The owners would have two jobs. One is the permit side, which the Building Standards Department handles. The other is a technical minor variance, because the structure already exists and the problem is a siting error. If the City treats it that way, the City’s fee schedule lists $2,412 and the process can take up to 2 months, with a sign posted at least 14 days before the hearing. If the closing date is close, that timeline has to be agreed with the buyer. A lawyer will advise on whether to delay, hold back funds or have the buyer take the work on.

What buyers and sellers should ask about a deck, addition or garage

The same structure looks different from each side of the deal. These questions are practical checks rather than legal rules.

For sellers:

• Which decks, additions, garages or sheds were built since you bought and who built them?
• Do you have the permit, the final inspection record and any Committee of Adjustment decision?
• Did you clear every condition in an approval before the permit was issued?
• Should you ask the City for a Compliance Report or a Completion Certificate before you list?

For buyers:

• Ask your agent to request the permits and approvals for any deck, addition or detached garage.
• Ask your lawyer what a search of the City’s records shows before you waive conditions.
• Read the seller’s answers next to the post on seller disclosure in Ontario so you know what a seller must say.
• If you plan to build your own addition after closing, ask for a Zoning Preliminary Review before you commit to a budget.

The City’s building permits page lists a Compliance Report, a Completion Certificate and a Building Investigation Request among its services. Requests like these are now submitted through the ePLAN portal. The page does not describe what each document covers, so ask Building Standards before you rely on one.

Before you list or buy in Markham Village, Unionville or Cornell

The age of the neighbourhood does not change the question. In Markham Village, Unionville, Cornell or anywhere else in the city, the paperwork for a deck, addition or garage matters as much as how it looks. Our guide to older homes in Markham covers permits and heritage rules on older houses and our post on the Markham home selling timeline shows where a delayed approval fits in.

A practical order of steps:

1. List every deck, addition and garage on the property.
2. Gather the permits, final inspections and any Committee decisions.
3. Check the structure against the zoning by-law with the City’s Zoning Search.
4. If something does not comply, ask City staff whether a variance is needed and book the Zoning Preliminary Review.
5. Allow up to 2 months for a hearing and the appeal period before a firm closing date.

For the wider picture, see our Markham sellers page, our Markham buyers page and our Cornell neighbourhood guide. If you want to talk through a deck, addition or garage before you list or make an offer, contact us.