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Shed set back requirement bylaw 4 feets vs. admin practice of 2 feets

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  • Jul 31st, 2021 3:56 pm
[OP]
Deal Addict
May 23, 2006
1629 posts
633 upvotes
Vancouver

Shed set back requirement bylaw 4 feets vs. admin practice of 2 feets

In my area Richmond, BC, shed set back bylaw requirement is 4 feets from property line; however, administrative practice (i.e. City bylaw officer would typically allow) is 2 feets.

Just curious, if my neighbour is fuss about my shed (which currently has a setback of ~ 2 feets) and files a complain about my shed set back to the City bylaw officer, would the City bylaw officer follows (a) City by law (i.e. 4 feets) or (b) administrative practice (i.e. 2 feets)?

On another note, NO sheds nearby my neighbourhood follows the 4 feets requirements.
Last edited by Fantastical on Jul 17th, 2021 11:25 am, edited 1 time in total.
29 replies
Newbie
Jan 9, 2021
42 posts
16 upvotes
Whatever written on the book should be followed.
If the inspecting by-laws officer didn't follow it he could be in trouble.
Your question is kind of funny.
" Should the city by-law officer follow city by-law "
Law is law.
Deal Addict
Jan 21, 2011
1287 posts
685 upvotes
GTA
Why would you need to have a shed 4 feet away from your fence on your property?
Deal Addict
May 16, 2017
2545 posts
3366 upvotes
When did you build your shed? There was no lot line setback for less than 10m2 accessory buildings until Sep 2015. Now it is 1.2m.

As is usual for bylaw enforcement for minor matters - if there is a complaint, the bylaw will be enforced as written unless you can show some hardship and apply for a variance.
Deal Fanatic
Aug 29, 2011
9000 posts
6019 upvotes
Mississauga
lamin wrote: Why would you need to have a shed 4 feet away from your fence on your property?
Because that’s what the bylaw states?

When we had the final inspection for our inground pool, the bylaw officer also measured how far our shed was from the fence. We had no problem because I built the shed making sure to be set back per our bylaw (2’). The officer thanked me because almost every shed she had inspected were built too close.
Deal Fanatic
Jan 21, 2018
8427 posts
9276 upvotes
Vancouver
On the property next door in Richmond BC, the builder built the new house foundation closer to the 3' high retaining wall at the edge of the property than the building code allows. That's a safety issue putting the house in danger of collapse, The reaction of the Richmond permit department was "Actually we're not really familiar with all the sections of the building code here. If it passes inspection, it's probably fine."

I wouldn't worry about city enforcement in Richmond.
Deal Fanatic
Nov 21, 2013
8128 posts
9304 upvotes
Montréal
lamin wrote: Why would you need to have a shed 4 feet away from your fence on your property?
because it is required by city regulations. Here it's 5 Ft. from property line.
[OP]
Deal Addict
May 23, 2006
1629 posts
633 upvotes
Vancouver
I don't think this is correct.

For example:
Driving in a 50 km/hour zoon (LAW) vs. Police typically wouldn't give you ticket until you exceed 60km/hour (ADMIN PRACTICE)
Vaalka wrote: Whatever written on the book should be followed.
If the inspecting by-laws officer didn't follow it he could be in trouble.
Your question is kind of funny.
" Should the city by-law officer follow city by-law "
Law is law.
[OP]
Deal Addict
May 23, 2006
1629 posts
633 upvotes
Vancouver
In year 2020.

I think I agree with you. They can really enforce the 1.2m setback requirement if needed (especially if there's a valid complaint).

But, if I can show that my shed really doesn't distburb anyone with a setback of 2 feets, then I think it might be okay?
robsaw wrote: When did you build your shed? There was no lot line setback for less than 10m2 accessory buildings until Sep 2015. Now it is 1.2m.

As is usual for bylaw enforcement for minor matters - if there is a complaint, the bylaw will be enforced as written unless you can show some hardship and apply for a variance.
[OP]
Deal Addict
May 23, 2006
1629 posts
633 upvotes
Vancouver
Yes, our bylaw states 4 feets.
However, no Sheds nearby my neighbourhood follows the 4 feets requirements.

Spoke to a professional shed builder previously, and he told me city admin practice is typically 2 feets.

Not sure how strict the city bylaw officer would enforce the setback requirements if my neighbour complains.
mrweather wrote: Because that’s what the bylaw states?

When we had the final inspection for our inground pool, the bylaw officer also measured how far our shed was from the fence. We had no problem because I built the shed making sure to be set back per our bylaw (2’). The officer thanked me because almost every shed she had inspected were built too close.
Deal Addict
User avatar
Oct 24, 2016
1452 posts
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ON
Fantastical wrote: In year 2020.


But, if I can show that my shed really doesn't distburb anyone with a setback of 2 feets, then I think it might be okay?
If there’s a complaint then your shed is really disturbing someone, isn’t it? Even if it is for the flimsiest of the reasons.
”If you buy things you don’t need, soon you will have to sell things you need.”
Member
May 15, 2017
282 posts
302 upvotes
Fantastical wrote: Yes, our bylaw states 4 feets.
However, no Sheds nearby my neighbourhood follows the 4 feets requirements.

Spoke to a professional shed builder previously, and he told me city admin practice is typically 2 feets.

Not sure how strict the city bylaw officer would enforce the setback requirements if my neighbour complains.
So your question should read "can I get away with building a shed closer to the property line than the bylaw allows?"

Comparing these bylaws and an officer's discretion in ticketing for speeding doesn't really make sense.
Deal Fanatic
Nov 21, 2013
8128 posts
9304 upvotes
Montréal
Vaalka wrote: Whatever written on the book should be followed.
If the inspecting by-laws officer didn't follow it he could be in trouble.
Your question is kind of funny.
" Should the city by-law officer follow city by-law "
Law is law.
Fantastical wrote: I don't think this is correct.

For example:
Driving in a 50 km/hour zoon (LAW) vs. Police typically wouldn't give you ticket until you exceed 60km/hour (ADMIN PRACTICE)
then if you are that sure that there will be no issue, why you ask the question? City bylaw officer HAVE TO follow what's in the city bylaw if there is a complain about a said violation to a said rule. Your example is not appliable here. The police officer could give you a traffic ticket if you go 1 Km/H over the limit. But he judges if it is dangerous,and all the circumnstances of the violation, etc... to give you a ''chance''. City bylaw officer have to act when there is a complain...
Fantastical wrote: Yes, our bylaw states 4 feets.
However, no Sheds nearby my neighbourhood follows the 4 feets requirements.

Spoke to a professional shed builder previously, and he told me city admin practice is typically 2 feets.

Not sure how strict the city bylaw officer would enforce the setback requirements if my neighbour complains.
to take back your example of speed tickets. an officer could arrest you because your driving 5 Km/H over the limit on the hyghway, but would not arrest the one who follows you at the same speed... not because all the neighbours don't follow the rules that you are allowed to do so. No issues if there is no complain, but in your case there have been a complain to the city. If there is no complains about your neighbour's sheds there will be no ticket, as it is ''tolerated''. City bylaw officers doesn't run the streets to find so little derogations, unless there is a complain.
Member
Mar 10, 2012
328 posts
334 upvotes
THORNHILL
Fantastical wrote: For example:
Driving in a 50 km/hour zoon (LAW) vs. Police typically wouldn't give you ticket until you exceed 60km/hour (ADMIN PRACTICE)
They typically won't, but they absolutely can. They could ticket you for going 51 in a 50. It also won't matter if everyone else is going faster than you, the only thing that would matter is how fast you were going.

It will be the same if someone complains about your shed and a bylaw officer has to come out. It won't matter if all the sheds in a 100km radius are also too close to the property line, just how close your shed is and when it was built.

It's annoying when people do this. I had to replace a bunch of posts on my fence recently. The neighbour had a shed less than a foot away from the fence, and all the fasteners are on that side of the fence. The fence is also entirely on my side of the property line.
Deal Addict
Jan 21, 2011
1287 posts
685 upvotes
GTA
mrweather wrote: Because that’s what the bylaw states?

When we had the final inspection for our inground pool, the bylaw officer also measured how far our shed was from the fence. We had no problem because I built the shed making sure to be set back per our bylaw (2’). The officer thanked me because almost every shed she had inspected were built too close.
I fully understand 2’, but 4’ and 5’ with the shrinking properties we have here in the GTA doesn’t make any kind of sense. We as Canadians accept way too much bs, but hey we are all doing our part. I think sometimes we all forget that we are the ones that pay and put these people who create all these bylaws in the position they are in.

How up to date are bylaws anyhow? I have seen million dollar properties with no backyards to even put a shed, but we should all follow bylaws that tell us how we can use the property that we apparently own.
Deal Fanatic
Mar 21, 2010
6640 posts
3825 upvotes
Toronto
Fantastical wrote: Spoke to a professional shed builder previously, and he told me city admin practice is typically 2 feets.
But is the professional shed builder willing to put it in writing that if he builds it 2 feet away and the city causes a fuss, he will move it to 4 feet away for free?

Of course he's going to say you have room to have a bigger shed or you can have it wherever you want and no one really cares what the law says - his job is to sell sheds.

I can't speak to your area specifically, but in most cases the level of enforcement is directly related to the level of complaints. If one or more of your neighbours makes it their mission to target your shed and relentlessly demands that the bylaw officers enforce the written bylaw, and refuses to listen to any compromises, that's probably what will happen. I personally would stick to the bylaw (though in your case I get what's done is done) just to not give neighbours ammunition in case they want to harass me for some entirely unrelated reason.
Deal Addict
Jan 21, 2011
1287 posts
685 upvotes
GTA
This reminds of the by/law that tells us adults that we can’t smoke in a closed environment with young kids present.

Why should parents need a law to stop them from smoking in the car with young kids given all that we know about second hand smoke nowadays?
Some things are just common sense.

What’s a good reason for a shed to be more than 2’ from the property line?
Sr. Member
Dec 25, 2018
922 posts
1934 upvotes
You can contact your local inspector and ask about the shed if they would be ok or not. That’s your best way. If they say ok then go for it
Deal Fanatic
Nov 21, 2013
8128 posts
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Montréal
lamin wrote: I fully understand 2’, but 4’ and 5’ with the shrinking properties we have here in the GTA doesn’t make any kind of sense. We as Canadians accept way too much bs, but hey we are all doing our part. I think sometimes we all forget that we are the ones that pay and put these people who create all these bylaws in the position they are in.

How up to date are bylaws anyhow? I have seen million dollar properties with no backyards to even put a shed, but we should all follow bylaws that tell us how we can use the property that we apparently own.
Here it's 5 feet I guess to leave room to utility workers as the poles are backlot. Bylaws are not about tlling us how we can use the property we paid for, bylaws are meant to have a nice and peaceful;l neighbourhood.
lamin wrote: This reminds of the by/law that tells us adults that we can’t smoke in a closed environment with young kids present.

Why should parents need a law to stop them from smoking in the car with young kids given all that we know about second hand smoke nowadays?
Some things are just common sense.

What’s a good reason for a shed to be more than 2’ from the property line?
You just pointed to why there is bylaws. Because some dumb and irrespectful folks just don't care about anything. Just like the parent who smoke in a car, all windows closed, with a toddler on the backseat. Governemnt had to make a law prohibiting smoking in an enclosed car when there is kids. Ridiculous that we need a law for this, and that common sense is not applied by everyone.
Deal Fanatic
Nov 21, 2013
8128 posts
9304 upvotes
Montréal
Manatus wrote: But is the professional shed builder willing to put it in writing that if he builds it 2 feet away and the city causes a fuss, he will move it to 4 feet away for free?

Of course he's going to say you have room to have a bigger shed or you can have it wherever you want and no one really cares what the law says - his job is to sell sheds.

I can't speak to your area specifically, but in most cases the level of enforcement is directly related to the level of complaints. If one or more of your neighbours makes it their mission to target your shed and relentlessly demands that the bylaw officers enforce the written bylaw, and refuses to listen to any compromises, that's probably what will happen. I personally would stick to the bylaw (though in your case I get what's done is done) just to not give neighbours ammunition in case they want to harass me for some entirely unrelated reason.
no shed builder / installer would take this kind of responsibility... you said it all, shed builder wants to sell sheds, and don't gives a heck if you ask him. At some point, he won't sign anything saying he will move the shed in case of issue with the city, but YOU will have to sign if YOU want the shed installed in an inappropriate spot ;) You are absolutely right.

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