city of ottawa looks to bolster property encroachment protections during construction
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a resident lost access to a driveway for an extended period of time during construction on carruthers avenue in hintonburg in 2021.
courtesy of cheryl parrot
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damaged fences. excavators crossing into private property. blocked driveways. construction debris falling into adjacent lots. concerns about asbestos and hazardous materials. flooding caused by lack of drainage.
these were among the issues identified to ottawa‘s emergency preparedness and protective services committee as its members discussed exploring what tools the city had to strengthen protections against property encroachments during construction.
there’s a need for infill housing in neighbourhoods that already have the infrastructure and access to transit, but residents shouldn’t have to sacrifice their safety, their property or their peace of mind for that growth to happen, said rideau-vanier coun. stephanie plante, who presented the motion.
“what we are seeing more and more often are situations where neighbouring residents are left carrying the risk and the burden when construction goes wrong,” plante told the committee.
one story that has stuck with plante involved a demolition project on goulbourn avenue in sandy hill. debris repeatedly entered into the neighbouring property and eventually severed a visible gas line, damaging electrical infrastructure and forcing residents to leave their home for weeks, plante said.
“residents reported more than $20,000 in damages, but what struck me was not the damage itself, but how difficult it was for residents to figure out who could actually help them in real time,” she said.
cheryl parrot, chair of the hintonburg community association’s security committee, said many lots in her neighbourhood were 25 feet wide and 90 feet deep or smaller with a minimum side-yard setback of less than one metre. when properties get damaged during construction, the only recourse is civil legal action, she told the committee.
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“it seems that that’s become the norm, that encroachment is just expected, and that builders feel they have a right to go onto other people’s property,” parrot said.
in one 2020 example, a foundation was undercut below a neighbour’s house during construction, parrot said. in another example, the neighbour’s porch was undercut and left dangling. in a third case, a neighbour’s driveway disappeared without notice.
“he had to park his car with his bumper out over the sidewalk for many months, encroaching onto the sidewalk area,” parrot said.
“we’ve had to have police involved in at least three construction projects in hintonburg where neighbors have been threatened because they’ve asked for builders not to block their own driveways or encroach on their property.”
a neighbour’s porch was undercut and dangling during construction on o’meara street in hintonburg in 2021.
courtesy of cheryl parrot
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plante said residents reported that the current system felt “circular and reactive.”
“they call bylaw. they’re referred elsewhere. they call police. they’re told it’s a civil matter. meanwhile, damage is already done. the report is about addressing these enforcement gaps,” she said.
another major issue is the lack of meaningful enforcement for conditions set by the committee of adjustment, plante said. residents participate in consultations in good faith and conditions such as landscaping, setbacks and privacy measures are approved.
“and then, too often, those conditions are ignored without consequence,” plante said. “this undermines confidence not just in the project, but in our planning system.”
one problem is that numbered companies are hard to reach, kanata south coun. allan hubley said. he suggested that the city explore require a bond attached to a project under an insurance company, or for a risk assessment of builders who have caused damage in the past, subjecting them to high levels of scrutiny during the construction process.
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jason burggraaf, executive director of the greater ottawa home builders’ association, agreed that development conditions should always be fulfilled.
“in most cases, we wonder if the challenge is not necessarily a lack of enforcement powers, but rather inconsistency and lack of clarity in how those conditions are drafted, monitored and verified across different municipal authorities,” he told the committee.
most infill builders are responsible operators trying to deliver the housing that the city urgently needs on constrained urban sites, burggraaf said.
“we need to ensure that any new rules are proportionate, practical and targeted so they don’t unintentionally make housing delivery more difficult or more expensive,” he said.
“many urban infill projects physically cannot proceed without some degree of temporary adjacent access. narrow lots, limited staging space, excavation requirements and proximity to neighbouring homes can create real logistical challenges.”
the motion will be in front of city council on june 10. if it’s approved, staff will look at amending the city’s right of entry bylaw. there are other mechanisms under building code services such as dust control, security requirements, restoration bonds and vibration-monitoring tools.
one of the key recommendations is asking staff to explore a framework similar to what exists in toronto, where municipalities have clear authority around construction, encroachment, restoration obligations, and enforcement tools, plante said. another is to request that the province of ontario modernize the trespass to property act so it reflects the realities of intensification and redevelopment. right now, the legislation has not kept pace with the way communities in ontario are growing and changing, she said.
a neighbour’s foundation was undercut during construction on lowrey street in hintonburg in 2020.
courtesy of cheryl parrot
/
handout
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john buck, chief building official with the city of ottawa, said it was a good opportunity to consult with the industry and to look at the legislation within the city’s authority.
there’s potential for some “quick wins,” including better signs at construction sites, he said.
“unfortunately, there’s no one one-stop shop for a lot of this, anything from construction dust to right-of-way to encroachment on adjacent properties,” buck said. “when violations are flagged during construction, that’s when we use our networks, whether it be bylaw and regulatory services, whether it be development inspections or other other city entities.”
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