How to get an occupancy permit

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Are you planning to do some work and your container may encroach on the public street? Do you want to reserve a space on the street for your moving truck? Do you want to build a terrace next to your business? If you live in Quebec, you may be required to obtain a permit to occupy the public street.

Discover all the requirements for obtaining a seasonal, temporary, or permanent public occupancy permit with the experts at Excavation Chanthier, Montreal’s top demolition company.

What is a public property occupancy permit?

A public property occupancy permit is a government-issued order that ensures the fair and safe use of public domain in Quebec. Public domains include roadways, streets, alleys, or even the spaces between private properties and streets.

Whether you want to build a restaurant terrace, undertake residential excavation work that encroaches on the roadway, or to film, an occupancy permit is required. To get this permit, an application must be submitted to your municipality or borough.

The conditions for occupying public domain and the required documents may vary slightly depending on the city or borough. We invite you to contact the appropriate administrative offices in your area for more information.

What are the different types of public property occupancy permits?

In Quebec, municipal bylaws allow for the regulation of any occupation of public space, whether it is temporary, seasonal or permanent. Three different types of permits exist depending on the nature of the occupation:

Temporary occupancy permits

Temporary occupancy permits are required for short-term obstructions of public space. Examples include:

  • Closing a public roadway to traffic for work (building demolition and/or construction sites, among others)
  • Placement of large containers, scaffolding, or construction fencing
  • Installation of waste disposal chutes or containers allowing for proper waste disposal on a demolition site
  • Reservation of a roadway space for a contractor’s vehicle or moving truck when prohibited by signage
  • Presence of equipment or material on public domain (for example, mini excavators)
  • Filming a movie

How to obtain a temporary occupancy permit:

  • Apply for a permit through your municipality or borough and pay the application fee
  • Pay the cost of the permit
  • Obtain the permit and ensure that you display the signage on the site (even if it’s a moving truck)

Temporary occupancy permit regulations may vary slightly depending on the city, municipality, or borough of the site’s location.

Seasonal occupancy permits

Seasonal occupancy permits are primarily required to set up outdoor patios or terraces for cafés, bars or restaurants, or for the installation of bicycle racks. In some cities or boroughs, this permit is required to install a clothing or household donation box, or a merchandise stand for commercial purposes. These seasonal installations must be dismantled at the end of the season.

How to obtain a seasonal occupancy permit:

  • Verify that the location is in an area where periodic occupancy is permitted
  • Apply to your municipality or borough and pay the application fee
  • Pay the annual rent for the right to occupy the roadway or sidewalk

The validity of the permit and the conditions for obtaining it may differ depending on the city, municipality, or borough. Therefore, it is necessary to inquire with the right administrative office in your area.

Permanent occupancy permits

A permanent occupation permit is required for fixed elements that encroach on public domain. These are listed below:

  • Encroachment by a building on the public domain (stairs, balconies, access ramps for people with access needs)
  • Encroachment by a projecting (raised) structure onto the public realm such as walkways, canopies, or overhanging signs
  • Construction of a tunnel, an above ground shelter of a permanent nature, or a basement garage
  • Laying of cables, poles, pipes, conduits, sewer or aqueduct connections, and other similar facilities

The steps to obtain a permanent occupancy permit are as follows:

  • Apply to your municipality or borough and pay the application fee
  • Pay the cost of the permit
  • Submit the certificate of location for the property
  • Attach the construction plan and detailed estimate of the work to the file

As with the previous two types of public domain occupation permits, the conditions for obtaining and disposing of them may vary depending on the city, municipality, or borough.

Need to do excavation or demolition work? Contact Excavation Chanthier

In conclusion, if you wish to occupy public space – whether on a one-time or permanent basis – you will be required to obtain a permit to occupy that public domain. To start your project with peace of mind, we invite you to start your administrative procedures as soon as possible.

Do you live in the Greater Montreal area and wish to undertake excavation or demolition work?

At Excavation Chanthier, in addition to offering our residential excavation and house demolition services, we can help you with the administrative procedures to obtain the necessary permits.

Contact us today to learn more about our services and to obtain your quote.

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