By Alex Antsyferov, Broker, and the AA Properties team | Crown Kingdom Realty Inc., Brokerage, Pickering
Short answer: Selling a home in Whitby? Before you list, check for open building permits, find out whether your property is heritage designated, and confirm any basement apartment is registered with the Town. Lawyers often request a Town of Whitby compliance letter before a sale closes. It currently costs $183.06 for a residential property, so it helps to know what it will say.
A deck built years ago without a permit, or a basement apartment nobody registered, can turn into a headache at the worst possible time: right after you accept an offer. Let’s get ahead of it, so the only surprises at closing are the good kind.
I’m not a lawyer or a building inspector, so this isn’t legal advice. Everything below comes from the Town of Whitby’s own pages, checked on October 28, 2026. Fees and rules change, so confirm with the Town before you rely on them.
What is a compliance letter, and why does it matter when you sell?
The Town of Whitby issues compliance letters, also called zoning letters. The Town says they are often requested by lawyers in advance of a property being transferred. Ask your lawyer whether one will be requested for your sale and who orders it.
According to the Town, the letter covers open or outstanding building permits, approved pool enclosure permits, approved additional dwelling unit (ADU) registrations, outstanding notices or orders, the zoning category and any minor variances. Heritage status and the status of agreements registered on title are included only if requested. The residential fee is $183.06, tax included.
It doesn’t cover easements, setbacks, lot coverage or frontage. The Town says to get a title search and review the zoning by-laws for those.
Which projects in Whitby need a building permit?
Let’s start with the projects. If you or a previous owner did any of the work below, this is where an open or missing permit tends to hide. Here’s what the Town says:
| Project | What the Town says |
|---|---|
| Deck | A deck more than 2 ft (0.6 m) above grade needs a permit. |
| Finished basement, addition, garage, porch, sunroom | Building permit required. |
| Adding or removing walls, changing windows or doors (structural alterations) | Building permit required. |
| Fence | No permit needed, but it must follow the Fence By-law. The Town encourages a current site survey. |
| Shed | A permit is needed if it is over 15 m² and/or more than one storey. Smaller sheds still have to meet zoning rules. |
| Other accessory structure (not a shed) | A permit is needed if it is over 10 m². Smaller ones still have to meet zoning rules. |
| Pool deeper than 0.6 m | Needs a compliant enclosure, and a permit is required before installation. |
What if you think there’s an open permit?
Start with a short email to Building Services at building@whitby.ca. Ask what’s on file for your address and what they’d need to see. The Town’s Building Permits page says to contact them before you apply, and that inspections are booked through the Building Inspection Request form. A request received by 3 p.m. can be scheduled for the next business day.
It’s worth sorting out early, because the compliance letter lists open or outstanding building permits. Better that you know before a lawyer asks for it.
Do you have a basement apartment? Check the registration
Now for the basement. The Town says all owners with an ADU must register it. Fees that may apply, per the Town: $268.00 to register, $534.00 if the unit is discovered because of a complaint, and $107.00 to transfer the registration permit. The Town also requires a Certificate of Acceptance from a licensed electrical contractor. For questions, contact bylaw@whitby.ca.
The Town lists risks of an unregistered unit, including insurance, liability, prosecution and financing. If you plan to tell buyers about a basement apartment, make sure the paperwork matches the pitch.
| Town of Whitby item | Fee that may apply |
|---|---|
| Compliance letter, residential (tax included) | $183.06 |
| ADU registration | $268.00 |
| ADU discovered due to a complaint | $534.00 |
| Transfer of ADU registration permit | $107.00 |
Is your Whitby home in a heritage district?
Whitby has two Heritage Conservation Districts: Brooklin, with 169 properties, and Werden’s Plan Neighbourhood in downtown Whitby, with 250. A Heritage Permit is required for properties designated under the Ontario Heritage Act, which includes properties in a district and individually designated properties. The Town says there is currently no fee.
Check the Town’s Heritage Register for your address, or email heritage@whitby.ca. Remember that heritage status appears on the compliance letter only if requested, so ask your lawyer whether it should be.
What else sits outside the letter?
Last stop: a few things the compliance letter doesn’t cover. The Town points to other offices:
- Property tax status and certificates: Whitby Revenue Services, 905.430.4304 or tax@whitby.ca.
- Water billing: Region of Durham, 905.666.6211.
- Fire Code questions: Whitby Fire and Emergency Services, fire@whitby.ca.
- Copies of notices or orders: a Freedom of Information request through the Town Clerk.
What I’d do before listing
- Ask your lawyer what they’ll request from the Town, and when.
- Make a list of every project done since you bought: deck, basement, addition, windows, pool, shed.
- Email building@whitby.ca about anything you’re not sure was permitted.
- If there’s a basement apartment, confirm it’s registered, or talk to the Town and your lawyer about next steps.
- Check the Heritage Register for your address.
- Get a rough number. Our home value tool is free, and our guides to renovations before selling and seller closing costs in Ontario cover the rest.
Prepping the house itself? Our fall home prep checklist for Durham sellers covers the cosmetic side. If you’re selling in a neighbouring community, we also work in Ajax and Claremont, and each has its own local rules to check. Our Whitby real estate page has more on the area.
What’s your Whitby home worth?
Get a free, no-pressure home value, then we can talk about what to sort before you list.
Get my free home valueWould you rather talk it through in person? Book a seller’s consultation or call me at 416-845-8433. The coffee’s on me.
Nurse, police officer or firefighter? Our Everyday Heroes program offers 25% of the commission AA Properties earns, paid on closing, anywhere in Ontario, whether you’re buying or selling. Selling in Durham Region? Good Neighbours offers 10% on a purchase or sale. Conditions apply: cash back is paid by Crown Kingdom Realty Inc., Brokerage, on a completed purchase or sale where we represent you under a signed agreement. Details on the program pages.
Related reading
Frequently asked questions
What is a compliance letter in Whitby?
It’s a letter from the Town of Whitby, also called a zoning letter, that lists open or outstanding building permits, approved pool enclosure permits, approved ADU registrations, outstanding notices or orders, the zoning category and minor variances. The Town says lawyers often request it before a property is transferred.
How much is a Whitby compliance letter?
The Town of Whitby lists $183.06, tax included, for a residential property. Fees can change, so check the Town’s page before you order.
Does a deck or shed need a permit in Whitby?
A deck more than 2 ft (0.6 m) above grade needs a permit. A shed needs one if it is over 15 m² and/or more than one storey, and smaller sheds still have to meet zoning rules. A fence needs no permit but must follow the Fence By-law.
Do I need to register a basement apartment in Whitby?
The Town says all owners with an additional dwelling unit must register it. Fees that may apply are $268.00 to register and $107.00 to transfer the registration permit. Contact bylaw@whitby.ca with questions.
How do I find out if my Whitby home has heritage status?
Check the Town’s Heritage Register, or email heritage@whitby.ca. Whitby has two Heritage Conservation Districts, Brooklin and Werden’s Plan Neighbourhood, and properties in a district or individually designated need a Heritage Permit before proposed work.
The information in this blog is deemed accurate but not guaranteed. It’s for general purposes only and isn’t legal, financial or tax advice.
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