What does "as of right" mean in Markham zoning? "As of right" means a use or structure is already permitted under Markham's zoning by-law—you can build it (with a building permit) without special approval. If your plan does not comply with the by-law, you need relief: a minor variance from the Committee of Adjustment, or a zoning by-law amendment. Those two words decide which path you're on.
You want to add a second storey, build a larger addition, or put up a garden suite in Markham. Whether that project is straightforward or requires months of approvals comes down to two words: "as of right." Michael John Lau and Neeraj Moolchandani explain what they mean and when you need Committee of Adjustment approval.
What "As of Right" Actually Means
Every property in Markham is governed by a zoning by-law that sets out what you can build and how—permitted uses, height limits, setbacks (how far a structure must sit from property lines), lot coverage, parking requirements, and more. If your proposed project complies with all of these requirements, it is permitted "as of right." That means you can proceed with a building permit, without asking for special permission—the by-law already allows it.
Markham's zoning is set out primarily in the new Comprehensive Zoning By-law 2024-19, which the Ontario Land Tribunal approved on a City-wide basis (with some site-specific exceptions). You can check whether your property falls under the new by-law through the City's zoning information page.
When You Need Relief — And Which Kind
If your project does not comply with the zoning by-law, you cannot simply build it. You need to apply for relief, and there are two main paths depending on how far your plan departs from the rules.
| Approval Type | When It Applies | Decision Maker | Typical Timeline |
|---|---|---|---|
| Minor Variance | Small, site-specific deviation from a numeric standard (setback, height, lot coverage, parking) without changing the permitted use. | Committee of Adjustment (Section 45, Planning Act) | ~2 Months |
| Zoning By-law Amendment | Proposed use is not permitted, deviation is significant, or multiple standards are changing substantially. | City Council | 6–12+ Months |
Misidentifying which application you need is the most common cause of lost time, so this is worth confirming early with City planning staff.
The Four Tests for a Minor Variance
If you do go the Committee of Adjustment route, your application is judged against four tests under the Planning Act—all four must be satisfied:
- Intent of the By-law: The variance must meet the general intent and purpose of the zoning by-law.
- Intent of the Official Plan: It must meet the general intent and purpose of the Official Plan.
- Desirable and Appropriate: It must be desirable for the appropriate development or use of the land, building, or structure.
- Minor in Nature: It must be minor. Note that "minor" is judged case by case—the same variance can be minor in one situation and not in another. The onus is on the applicant to demonstrate the tests are met.
Why This Matters Before You Buy or Renovate
These two words have real consequences for both buyers and homeowners.
- For Buyers With a Plan: If you are buying a home intending to add on, add height, or build a suite, understanding whether your plan is "as of right" tells you whether it is a straightforward permit or a months-long approval with no guaranteed outcome. That can change which property you buy.
- For Homeowners Renovating: Knowing your project's status up front lets you plan realistic timelines and budgets, and avoid the costly mistake of designing something that needs approvals you did not anticipate—or worse, building without the required approval.
The definitive answer for any specific property and project comes from the City. A pre-application consultation with Markham's planning staff is the reliable way to confirm what your zoning permits and which approvals, if any, you need.
Buy and Build With Clear Eyes
Michael John Lau and Neeraj Moolchandani help buyers and homeowners understand how zoning and a property's potential intersect—so you plan with confidence and avoid costly surprises.
Frequently Asked Questions
What is the difference between a minor variance and a zoning by-law amendment in Markham?
A minor variance is for a small, site-specific deviation from a numeric standard (like a setback or height) without changing the use—decided by the Committee of Adjustment. A zoning by-law amendment is needed when the use isn't permitted or the change is significant. Confirm which you need with City planning staff.
How long does a minor variance take in Markham?
Markham's minor variance process through the Committee of Adjustment typically takes up to about two months. Timelines vary by application; confirm current timelines with the City of Markham.
Do I need Committee of Adjustment approval to renovate in Markham?
Only if your project doesn't comply with the zoning by-law. If it complies (permitted 'as of right'), you can proceed with a building permit. If it needs relief from a standard like a setback or height, you'd apply for a minor variance. A pre-application consultation with City planning staff is the reliable way to confirm.
Understand Your Property's True Potential
Don't guess at zoning. Partner with Michael John Lau and Neeraj Moolchandani to navigate Markham's planning landscape with confidence—whether you're buying, renovating, or investing.
