Apply for a minor exemption

Last updated May 11, 2023

Are you a property owner? Do you want to get an exemption in connection with a zoning or urban planning by-law? The following information is designed to help you prepare your application.

A minor exemption is an exceptional provision concerning the application of certain by-laws. It can be required due to the specific characteristics of a property or building. It is applied only under exceptional circumstances and must meet the spirit of the applicable by-laws. 

In certain cases, a minor exemption can serve to legalize errors that occurred during construction. However, a permit must have been issued initially, and the work must have been carried out in good faith.

The exemption does not make it possible to circumvent or amend the applicable regulations and must not hinder adjacent buildings.

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Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

  • Examination fee: $1,904 

Taxes are included. The fees are non-refundable.

Submit an application

In person

555 Rue Chabanel Ouest
Suite 600
Montréal, QC H2N 2H8

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Contact your permit counter to find out if your application is eligible before you complete all the required documents.

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a land surveyor, if applicable, based on the application submitted
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Completed application for an exemption from the borough
  • Any other document required subsequent to the review of the application.

Fees

Examination fee:

  • $500 (three or fewer dwellings)
  • $1,000 (four or more dwellings)
  • $1,800 (commercial, industrial or institutional use)

The notice publication fee is $150.

Taxes are included. The fees are non-refundable.

Submit an application

In person

By appointment
7171 Rue Bombardier
Second floor
Montréal, QC H1J 2E9

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Completed and signed application form for a minor exemption
  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

  • Examination fee : $1,155
  • Minor exemption (including the publication of the notice): $3,606

Document

Submit an application

In person

By appointment
5160 Boulevard Décarie
Montréal, QC H3X 2H9

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

For residential use:

  • New application: $750
  • Formalize an existing situation: $500

For another use:

  • New application: $1,500 
  • Formalize an existing situation: $1,000 

The fees could be higher, depending on the cost of the work.

Submit an application

In person

1800 Boulevard Saint-Joseph
Montréal, QC H8S 2N4

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

For an existing situation, the minimum cost is $250.

Work to change, add to, or expand an existing construction:

  • Residential building with four or fewer dwellings: $1,000 
  • Other buildings: $1,500 

Other types of work:

  • Residential building with four or fewer buildings: $1,500 
  • Other buildings: $2,000 

Taxes are included.

Submit an application

In person

By appointment
55 Avenue Dupras
Montréal, QC H8R 4A8

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Fees

Examination fee: $2,785

The fees are non-refundable.

Documents

Required documents

  • Signed and duly completed form (both sides)
  • Payment of required review fees
  • Certificate of location with a technical description prepared by a professional land surveyor
  • Property title, copy of property tax bill or proof of intent to purchase
  • Letter showing power of attorney (if the applicant is not the owner)
  • Project presentation document, one paper copy and in electronic format, including:

    • Context
    • Photographs of the site and its surroundings
    • Detailed description of the project and how it diverges from regulations
    • Plans and elevations illustrating existing and projected conditions of the building (prepared by an architect in the case of a construction or transformation project)
    • Perspectives (in colour)
    • All relevant studies (traffic, sunlight impacts, heritage value, wind, etc.)
  • Copy of any previous variance authorization

Submit an application

In person

201 Avenue Laurier Est
Fifth floor
Montréal, QC H2T 3E6

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

An application for a minor exemption must not concern the following elements:

  • Use and density of ground occupancy
  • A zone where ground occupancy is subject to specific constraints for public safety reasons
  • The planting and protection of trees
  • Acquired rights

Required documents

You must provide the following documents:

  • Completed form, provided by the permit counter if your application is admissible
  • Certificate of location
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application

Approval steps

  • Presentation to the urban advisory committee (UAC)
  • Issuance of a public notice
  • Adoption of a resolution by borough council

Fees

  • Examination fee (including the publication of the notice): $2,750

The taxes are included and the fees are non-refundable.

Learn more

815 Rue Bel-Air
First floor
Montréal, QC H4C 2K4

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

  • Examination fee: $1,399.60

Taxes are included.

Submit an application

In person

15795, boulevard Gouin Ouest
(on the 2nd floor, rear door of the citizen reception and public safety office)
Montréal, QC H9H 1C5

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

  • Preliminary examination fee: $515
  • Processing fee: $2,575
  • Publication of the notice: $445 

Taxes are included. The fees are non-refundable.

Submit an application

In person

By appointment
6854 Rue Sherbrooke Est
Montréal, QC H1N 1E1

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Approval steps

  • Presentation to the urban advisory committee (UAC)
  • Issuance of a public notice and posting on the property
  • Adoption of a resolution by borough council

Required documents

Any application for a minor exemption must be submitted at the permit counter in the borough. It must be included in an application for an alteration or construction permit (except when the minor exemption legalizes non-compliance that occurred after the completion of the authorized work).

Make sure you have the following documents:

  • Completed and signed application form for a minor exemption
  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

  • Preliminary examination fee: $1,085
  • Examination fee: $3,800

The fees are non-refundable.

Document

Submit an application

In person

4241 Place de l'Hôtel-de-Ville
Montréal, QC H1H 1S4

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

Examination fee:

  • Application concerning mechanical equipment for residential buildings: $668 
  • Other application: $4,012

Notice publication fee:

  • In the borough: $615
  • In a neighbouring borough if necessary: $615

Submit an application

In person

1431 Avenue Van Horne, 2nd floor
Montréal, QC H2V 1K9

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Completed and signed application form for a minor exemption
  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

  • Residential buildings with three or fewer dwellings: $1,040
  • Other types of buildings: $2,080

Document

Submit an application

In person

13665 Boulevard de Pierrefonds
Montréal, QC H9A 2Z4

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Completed and signed application for a minor exemption (available at the permit counter)
  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

  • Preliminary assessment: $355

This assessment is to check whether your application is admissible.
These fees are deducted from the fees for a minor exception if an application is submitted within six months following the notice of admissibility. 

  • Minor exception: $1,225

Including review fees and publication of the notice.

Taxes are included.

Submit an application

In person

12090 Rue Notre-Dame Est
Montréal, QC H1B 2Z1

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

In what cases can an application be submitted?

Applicable zoning and subdivision provisions that may be subject to a minor exemption are those related to:

  • construction alignment
  • curb extensions
  • margins
  • yard occupancy and constructions
  • a building plan
  • floor elevation on the ground floor
  • depth of a building on or for which a minimum height is required
  • authorizations to exceed maximum building heights
  • minimum building width
  • outdoor staircases
  • building appearance
  • loading areas and access to loading areas
  • fences
  • location, maximum number, dimensions and development standards for parking spaces, except in residential areas
  • lot area and dimensions.

Conditions

A minor exemption may be granted only under the following conditions: 

  • The application meets the objectives of the borough’s Urban Plan.
  • The minor exemption does not adversely affect the neighbouring building owners’ enjoyment of their property rights.
  • The application does not concern the use or density of land occupancy.
  • The regulatory application causes substantial harm to the applicant.
  • The applicant is unable to comply with the applicable regulatory provisions.

In the event that a minor exemption is necessary and, for one reason or another, the work has already been completed or is in the process of being completed, you must prove that you received a construction permit for the work and that the work has been completed in good faith.

Steps

  1. Subsequent meeting and information gathered from a built environment agent
  2. Submission of application to the permit counter
  3. Analysis of the project by a professional from the Direction du territoire et des études techniques
  4. Recommendation issued by the urban advisory committee (UAC)
  5. Publication of a public notice 15 days prior to the borough council meeting
  6. Public consultation
  7. Adoption, by borough council, of a resolution approving or denying the application 
  8. Issuance of the permit or certificate

Documents

Required documents

You must provide the following documents:

  • Completed application form
  • Payment of the fee set out in the by-law
  • Copy of the certificate of location, along with a technical description or location plan prepared by a professional land surveyor (if the project concerns a building that is not built, a building plan is required)
  • Property title, copy of tax account or proof of intention to purchase
  • Photos of the building concerned and adjacent buildings
  • Plan illustrating the exemption and the immediate environment around the concerned building (implementation, floor plan, elevations, roof plan).

Submit an application

In person

5650 Rue D'Iberville
Second floor
Montréal, QC H2G 2B3

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Projected cost of the project and cost of the work with a guarantee
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Any other document required subsequent to the review of the application.

Fees

Preliminary examination fee: $422

Publication of the notice:

  • Residential building with five or fewer dwellings: $1,129
  • Other type of building: $2,334

Taxes are included.

The preliminary examination fee will be deducted from the public notice fee if the application is accepted.

Submit an application

In person

777, boulevard Marcel-Laurin
Saint-Laurent, QC H4M 2M7

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Required documents

You must provide the following documents:

  • Completed and signed application form for a minor exemption
  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Fees

Fees vary depending on your situation. Please contact the permit counter.

Documents

Submit an application

In person

8400 Boulevard Lacordaire
Montréal, QC H1R 3B1

Submit your application with the required documents.

Legislation

Please contact your local permit counter to find out if your application is admissible before you complete the required documents.

Who can submit an application?

The property owner or their representative must make the application. In the latter case, a proxy document signed by the owner must be provided. It is essential to demonstrate that the by-law creates significant disadvantages or serious damages. 

The application form provided by the borough must be completed in full and signed by the building owner or the building owner’s representative. The application processing fee must be paid at the time of application.

Fees

  • Examination fee: $2,105

Taxes are included. The fees are non-refundable.

Document

Required documents

You must provide the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Any other document required subsequent to the review of the application.

Submit an application

In person

4555 Rue de Verdun
Suite 109
Montréal, QC H4G 1M4

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Object of an application

Any provision in the planning regulations may be subject to a minor exemption, with the exception of the following provisions:

  • Setback required for a high-rise construction 
  • Density 
  • Shoreline, coast and floodplain 
  • Uses 
  • Café-terraces 
  • Advertising signs

How to submit an application

Prior to submitting your application, you must meet with an agent, a built environment agent, or a planning advisor, who will identify the exemptions to the regulations required to complete the project and ensure that the situation justifies the exemption. 

You must submit your application at the permit counter or by e-mail and include all the required documents.

Required documents

You must provide the following documents:

  • Completed and signed application form for a minor exemption
  • Certificate of location with a technical description prepared by a professional land surveyor
  • Details concerning any projected or existing exemption
  • Letter showing power of attorney (if the applicant is not the owner)
  • Payment of the applicable fees
  • Photos of the concerned building
  • Photos of adjacent buildings
  • Letter explaining the exemption requested and citing the reasons justifying the application (damage)
  • Plan illustrating the exemption and the immediate environment around the concerned building: Layout, floor plan, elevations, roof plan, etc.
  • Layout plan for the projected construction, prepared by a professional land surveyor
  • Title to the property or copy of the tax account or proof of intention to purchase
  • Any other document required subsequent to the review of the application.

Steps to follow

  1. Meeting and information-gathering at the permit counter
  2. Submission of the application
  3. Analysis of the project
  4. Notice issued by the urban advisory committee (CCU) 
  5. Publication of a public notice 15 days prior to the borough council meeting
  6. Decision by borough council
  7. Issuance of the permit or certificate of authorization

Processing times

Processing times for a minor exemption application vary from three to four months as of the  submission of the complete application.

Fees

  • Based on the area spanned and the nature of the work: Between $620 and $1,988
  • Examination and notice publication fee: $549

Taxes are included.

Document

Required documents

Submit an application

800 Boulevard De Maisonneuve Est
ground floor
Montréal, QC H2L 4L8

Submit your application with the required documents.

Legislation

Who can submit an application?

You must be the owner of the building and prove that the by-law creates significant inconveniences or causes substantial harm to you.

Approval steps

  • Presentation to the urban advisory committee (UAC)
  • Issuance of a public notice and posting on the property
  • Adoption of a resolution by borough council

Fees

Examination and notice publication fee: $2,985

Taxes are included.

Document

Required documents

Any application for a minor exemption must be submitted at the permit counter in the borough. It must be included in an application for an alteration or construction permit (except when the minor exemption legalizes non-compliance that occurred after the completion of the authorized work).

Your application must be submitted in writing, by completing the form transmitted by the permit counter and attaching the following documents:

  • Certificate of location with a technical description prepared by a professional land surveyor
  • Title of the property or copy of the tax account or proof of intention to purchase (if the applicant is not the owner)
  • Complete plans for the project or the existing building, illustrating the exemption and the environment immediately surrounding the building concerned
  • Letter of power of attorney (if applicant is not the owner)
  • Any other supporting document deemed useful for the application.

Submit an application

In person

405 Avenue Ogilvy
Suite 111
Montréal, QC H3N 1M3

Contact 514 868-3509

Submit your application with the required documents.

Legislation