New Subdivision Homeowners
Helpful tips for new home buyers
Before you buy your new home
What is a subdivision agreement? |
A subdivision agreement is a legal contract between the City and a developer that clearly states the developer's obligations to the municipality for the construction of roads, sewers, water mains, parks, open spaces and other services in the subdivision. |
What are purchaser warning and advisory clauses? |
Subdivision agreements often contain warning clauses that developers must transfer to future builders and future homeowners, through their home purchase agreements. These warning clauses alert homeowners of potential issues regarding their lot or the subdivision. Before signing the purchase documents, purchasers are urged to review their Purchase and Sale Agreements with their lawyer, especially the warning clauses and special conditions. |
What is the developer's responsibility? |
The developer is responsible for installing municipal services such as sewers, water mains, roads, curbs, sidewalks, street lighting, perimeter fencing, landscaping and street tree planting in the subdivision. |
What is the builder's responsibility? |
The builder is responsible for constructing your house, interior lot grading, sodding of the lot and, if included in the Purchase and Sale Agreement, driveway construction to the street. |
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After you buy your new home
About your community/subdivision
What does final acceptance or assumption of new subdivision mean? How do I know if my subdivision has been assumed? |
Final acceptance or assumption of a subdivision occurs when the municipality assumes responsibility for maintaining all municipal services. This typically occurs within five to six years after registration of the subdivision or when all developer obligations have been fulfilled. Contact Service Oshawa to confirm the status of your subdivision. |
Can I landscape or plant trees, shrubs, flowers or place structures on the City boulevard? Can I pave or hard surface the boulevard? Can I park on it? |
As indicated on your survey, the boulevard is the section of land from the street to the edge of the property line; it may or may not contain a sidewalk. Homeowners should review the Boulevard By-law when planning any landscaping/planting on the boulevard as there are restrictions. Parking is not allowed on the boulevard per the City's Traffic and Parking By-law. |
Will there be a hydro box, sidewalk, community mailbox, lamp post or other utility in front of my property? |
Information regarding the location of hydro boxes, sidewalks, community mailboxes, street lights and other utilities abutting your property, may be obtained from the developer through your builder. Approved drawings are also available for public viewing at the City's Engineering Services. Although there may not currently be any of the above noted items in front of your home they may be added in the future depending on area service requirements. |
When will the permanent mailbox location be provided? |
The timing of permanent mailbox construction will be up to Canada Post. They usually provide temporary mailbox locations until the subdivision is substantially complete. Canada Post may also send out a notification letter indicating where your permanent mailbox location will be. |
Who do I contact to get information about storm sewers? |
Contact your developer through your builder, for questions about storm sewers in new unassumed subdivisions. For those on City roads within older subdivisions, contact the City's Service Oshawa. Approved drawings are also available for public viewing at the City's Engineering Services. For storm sewers on Regional roads, contact the Region of Durham Works Department at 905-668-7711. |
Who is responsible for planting street trees? When will they be planted? |
In new subdivisions, the developer is responsible for planting new street trees on the City's boulevard. The planting schedule is determined by the developer and done when the boulevard sodding is complete. Contact the developer through your builder for specific timing inquiries. |
There is a landscaped pond in my subdivision. What is its purpose? |
Landscaped ponds in most new subdivisions are designed to collect and retain stormwater runoff to prevent flooding downstream (limiting creek bank erosion), or treat the water for impurities and pollutants then safely discharge the water into our creeks (which limits harmful sediments from travelling downstream). To find out the purpose of the pond in your subdivision, contact the City's Engineering Services. |
Who is responsible for cutting the grass? |
As indicated on your survey, the boulevard is the section of land from the street to the edge of the property line; it may or may not contain a sidewalk. In accordance with the Boulevard By-law, homeowners are responsible to cut the grass in the boulevard abutting their property. The developer is responsible for cutting the grass on cul-de-sacs, stormwater pond blocks and park lands until the City assumes the property. Contact your developer through your builder with any concerns about grass cutting in new unassumed subdivisions. |
Is parking permitted on my street? Can I apply for a parking permit? How can I pay my parking fine? |
Unless otherwise signed, there is a three-hour parking limit on all City streets. From December 1 to April 1, on-street parking not allowed between the hours of 3 a.m. and 6 a.m. These are both as per the Traffic and Parking By-law 79-99. There is no permit to allow regular on-street parking, only temporary and short-term options. Learn more about parking permits. |
Who do I contact regarding public transit service? |
Contact Durham Region Transit for all public transit related questions at 1-866-247-0055 or [email protected]. |
Who can I call about snow clearing? Who is responsible for clearing the sidewalk of ice/snow? |
Generally, local roads are plowed and salted by the City and regional roads are the Region's responsibility. View the status of the City's snow clearing operations on local roads online or call Service Oshawa. Sidewalks are to be cleared by the adjacent property owner by midnight of the first day following the end of a snowfall. Learn more about snow clearing responsibilities, or find out if you qualify for assistance in clearing the City sidewalk. |
Who can I call regarding school issues such as the construction of new schools and busing? |
Refer to the appropriate education board for information regarding future schools and busing. Future schools identified on maps or signs in subdivisions are not guaranteed to be built. Should the boards opt not to build a school on a previously approved school block in a subdivision, the land may possibly be developed for other purposes. |
When will garbage collection begin? What will my garbage day be? Where can I get a blue box and/or green bin? |
Contact Service Oshawa to determine if City collection has commenced in your area. To determine if blue box recycling has started please contact the Region of Durham's Waste Management Centre at 905-576-5264. New community members to the Region of Durham are encouraged to participate in waste diversion programs available to them. Bins can be delivered free of charge (use the Region of Durham's online form to submit your request). You can also refer to the City's website for your waste collection schedule. |
Who is responsible for cleaning mud/dirt off the roads? Who do I contact regarding dirty roads and any other construction nuisances? |
Before assumption, the developer is responsible for ensuring clean and safe roads within your subdivision. Any complaints should first be directed to the developer through your builder. Failing that, you can contact Service Oshawa to lodge a formal complaint. |
About your property
When will I receive a tax bill? How do I know what my property's assessed value is? |
Remember to make allowance for Supplementary/Omitted tax bills in your budget plans. After occupying a newly built home, property tax bills may cover the vacant land only. There may be a considerable delay until the Municipal Property Assessment Corporation (M.P.A.C.) can assessment of the newly constructed house. Once the property is assessed, you will receive a Property Assessment Notice from M.P.A.C. Supplementary/Omitted tax bills covering the building from the date of occupancy will follow. For further information about your assessment visit: mpac.ca. For help understanding your tax bill, contact Service Oshawa. |
What is a final lot grading certification? |
Your lot's grading will be inspected and certified by the builder's engineer to ensure it follows the approved grading design. Once satisfied, the engineer will forward a lot grading certificate to both the developer and the City. |
I gave my builder a grading deposit when I bought my home. Does the City keep that money? When do I get my grading deposit back? |
The City does not hold grading deposits; these deposits are a private matter between the builder and homeowner. Homeowners should check Purchase and Sale Agreements to determine when the builder will return their grading deposits. Sometimes the agreement with the builder indicates the refund upon final acceptance or assumption of the subdivision. This could take a long time after your lot grading has been certified as the developer has to satisfy all their obligations in the subdivision agreement before the City can assume the subdivision and pass an Assumption By-law. |
After certification, is there a warranty on grading/sod issues? |
Given that the grading and sodding is a builder's responsibility to the homeowner, any warranty will come from them. |
Can I change the grading and drainage patterns on my property? |
If your lot has not been provided with a lot grading certificate yet, it would not be advisable to make changes to your lot as it may violate provisions in your home purchase agreement with the builder and prevent you from receiving a refund of your grading deposit. After your lot has been certified, any changes to the grading and drainage should still be approved by your builder and should comply with the approved subdivision grading plan and the City's Site Alteration By-law 85-2006. |
Why is there crescent shape in the grading of my back yard? |
This "half round swale" or "apron swale", is designed to transfer storm water runoff from the rear yard through the side yard "swales" and ultimately to the front yard to keep water away from your house and help prevent flooding of your basement and foundation. |
What can I do with the catch basin in my back yard? |
The catch basin and the surrounding drainage swales cannot be altered as it will affect the approved drainage pattern of the surrounding lots. Typically, the City will have an "easement" over the catch basin and along the side yard where the pipe connecting the catchbasin to the main line storm sewers are located. This easement over your property provides City staff access to maintain the catch basin periodically. If necessary, the City can require that homeowners, at their own expense, dismantle any structures that prevent access to the catch basin easement. |
What is an "easement"? |
An easement is a legal right of unobstructed access in favour of a certain person over another person's property. For example, the City will have an easement over any catchbasin in your rear yard to enable the inspection, maintenance and repair of the catchbasin. Although you are allowed to use your property within the easement limits, there are natural limitations due to the rights retained by the City for access. No permanent structures can be built on easements, aside from fences, given that these structures will obstruct any future access. |
When can I construct a fence, patio, shed or deck on my property? |
For new subdivisions, you will require approval from the builder, since fencing, sheds, decks and other works could change the grading or landscape work on your property. Do not landscape, erect fencing, decks or sheds or install a pool that may alter your lot's grading and/or drainage, or that of a neighbouring lot. Any alterations to grade must conform to the requirements of the City and pose no adverse impact to the overall drainage patterns in the area. Consult your builder regarding the status of the lot grading certificate and any other timing restriction they may have included in your home purchase agreements with them. |
I want to landscape my property with a pool. How do I proceed? |
Since every builder will have different rules regarding pool installations, it is important to read your Purchase and Sale Agreements and consult your builder first before constructing a pool. Until the City assumes the subdivision, the builder is responsible for all lot grading and drainage. Since installing a pool may change the grading or drainage, you should obtain approval from the builder. After getting the builder's approval, there are other permits required by the City, such as Pool Enclosure and Site Alteration Permits. Consult Service Oshawa for details. |
When will the builder complete the grading, sodding and any unfinished exterior work? |
The grading and sodding of your lot is a private contract between you and the builder. If the grading and sodding is not complete when you moved in, the builder must provide a letter of undertaking to complete these tasks and have the lot certified by the following construction season. Sodding may also be delayed after occupancy of your home due to seasonal availability of sod. Contact your builder to find out when these works including any other exterior work will be finished. The City allows occupancy of a house as soon as safety and basic service requirements are met; however, this does not guarantee that the home will be completed to the homeowner's satisfaction. For example, the municipality will grant occupancy when one toilet and one sink are installed and operational, regardless of the number of washrooms included in the house plans. Purchasers are urged to review completion issues with their solicitors. |
Will the developer/builder install my fencing; if yes when? Where do I find information about cost sharing of fences between neighbours? |
Developers may be responsible for some fencing in a subdivision, such as acoustical fencing, corner lot screen fencing and chain link fencing adjacent to open spaces and parks. As developers have different construction schedules, contact them through your builder for site-specific information. Fencing between lots that are not shown on approved plans is the homeowners responsibility. Cost sharing of line fences is a private matter between adjacent homeowners. The City does not provide any enforcement or assistance with private fencing; however, the procedural Line Fences By-law outlines the appropriate steps for cost sharing. |
When will my driveway be paved? |
If driveway construction is included in your home purchase agreement, your builder will have the information regarding the schedule for its completion. Typically, paving of driveways are deferred by at least one winter cycle to allow natural settlement of ground to occur. |
Can I widen my driveway and curb cut? Who should I contact? |
If the City has not assumed your subdivision, the curbs are still under the developer's responsibility. You must first contact the developer through your builder and get written consent to be able to widen your driveway and curb cut. Afterwards, you can contact Service Oshawa for more information on how to start a request. |
Can I pave/landscape the area between my driveway and my neighbour's driveway? |
The area between properties is usually required to carry stormwater runoff from the back and side yard to the road. Any changes that may obstruct the existing drainage pattern are not allowed as they may negatively impact both properties. Also, paving the City-owned boulevard is not allowed as per the City's Boulevard By-law. |
Can I install a gate in the fence at the rear of my property? |
If the area rear of the property is City-owned parkland, the homeowner may be permitted to install a gate subject to review and approval by the City's Parks Services; contact Service Oshawa for assistance. Gates are not permitted, however, in a fence beside naturalized open spaces, creek valleys, or stormwater management ponds. Additionally, fences are subject the City's Fence and Sight Triangle By-law. |
About your house
How can I access the plans for my house or lots? |
Homeowners should contact their builder for copies of house and lot grading plans. The City's Building Services keeps drawings on file for a limited time as part of the building permit process. Copies of these drawings may be available for a small fee by contacting Building Services or Service Oshawa and inquiring about the Freedom of Information process. |
Do I need a building permit for a shed, deck, fence, pool, to finish my basement or install an air conditioner? |
If you plan to build or renovate, you will require a building permit for any structural, plumbing (including septic systems), heating changes and signs. You may also need a Site Alteration Permit for external structures such as sheds and pools if they affect your lot's grading and drainage. If you are uncertain if a permit is required, please contact Building Services at 905-436-3311 or by email. The construction of a pool, hot tub or decorative pond will also require a fence meeting certain specifications; this is outlined in the City's Pool Enclosure By-law. The construction may also require a Site Alteration Permit if the grading may be affected. The process is outlined on our pools and hot tubs webpage. |
How do I convert the house to a two unit property (e.g. basement apartment)? |
If you are going to add an accessory apartment you will require a building permit. Please contact Building Services at 905-436-3311 or by email for the application requirements and fee. The City of Oshawa's Two Unit House Registration By-law requires that all two-unit houses be registered. If you plan to construct an accessory (basement) apartment, you require a building permit. To begin, contact Building Services at 905-436-3311 or email. Building Services will coordinate the registration of newly constructed units with Municipal Licensing and Standards. Please note that two unit properties are not permitted within the designated Residential Rental Housing area. |
Do I need a licence to rent the house to someone else? |
A licence is required for rental properties within the designated Residential Rental Housing area or short term rentals anywhere in the City. Contact Municipal Licensing and Standards for further information. |
Who do I contact for problems or deficiencies in my new home? |
Contact your builder first for any deficiencies and complaints about your new home. Failing that, notify Tarion (formerly Ontario New Home Warranty Program) and request assistance within the proper timeframe of your warranty. It is important to record all complaints in writing to both your builder and Tarion. For more information contact the offices of Tarion at 1-800-668-0124, visit the Tarion website or send an email. |
Are there rules governing external equipment (heating and central A/C, pool pumps and filters)? |
Zoning regulations govern the location of external equipment. As regulations vary by zone, owners should check with the Zoning to determine what regulations apply to their location. |