AFTER THE FIRE — WHY YOUR INSURANCE DRAWINGS WON’T GET YOU A BUILDING PERMIT (AND WHAT WILL)

Fire and insurance rebuilds have been one of the most common project types we’ve handled this year. The pattern is almost always the same: the insurance process moves, the restoration contractor is ready, and then everything stops at the City. The reason is simple. The drawings prepared for the insurance claim were never designed to get a building permit.

What Happens After a Fire (In Order)

1. Fire department and investigation. The fire service secures the scene and, where required, investigates the cause.
2. The insurer gets involved. An adjuster is assigned, and a restoration contractor typically handles board-up, fencing, water extraction and stabilization.
3. The City’s building department gets involved. If the building is damaged enough to be a hazard, an inspector can issue an Order to Remedy an Unsafe Building under section 15.9 of the Building Code Act. Where the danger is immediate, an emergency order can be issued under section 15.10.
4. A permit becomes mandatory. Remedying the unsafe condition almost always involves structural repair, rebuilding fire separations, replacing systems — all work that requires a building permit. Getting that permit is part of complying with the order.

We’ve written about Orders to Comply before. An unsafe building order is a related but separate tool, and it is treated even more seriously because it’s about life safety. The City expects to see active progress, not a pending claim.

The Gap: What Insurance Drawings Usually Include (And What They Don’t)

Insurance drawings are prepared to scope and price the claim. They’re usually drafted to the bare minimum: a floor plan, maybe a few notes, enough for an estimate.

A building permit needs a lot more. Here’s what’s usually missing:

• Code analysis. Building classification, fire separations, spatial separation, smoke and CO alarms, egress. The examiner needs to see the building has been reviewed against the OBC, not just redrawn.
• Fire separation and assembly details. Rated wall and ceiling assemblies, door ratings, closers, penetrations. After a fire, these get extra scrutiny.
• Structural engineering. Charred joists, rafters, beams and studs need to be assessed by an engineer. Some can be sistered or reinforced; others must be replaced. The City will want stamped structural drawings or a report.
• HVAC design. Replacing ductwork and equipment generally needs heat loss/gain calculations and duct design by a qualified designer.
• Energy efficiency (SB-12). When you’re rebuilding walls and ceilings and replacing insulation, the City will ask how the work meets energy efficiency requirements.
• Sections and details. Wall sections, ceiling assemblies, stair details, guards. Contractors need these to build correctly, and inspectors check against them.
• Unit and zoning status. Was the building a legal duplex? A legal triplex? Or was there an unpermitted basement unit before the fire? This matters more than most owners expect (see below).

The Hard Conversation: Illegal Units Before the Fire

This catches many investors off guard. Your insurance may be set up to restore what existed. The City will only permit what can be legal.

If the building had an unpermitted basement apartment, a third unit that was never approved, or a layout that never met code, the rebuild is now the moment it gets looked at. You won’t get a permit to recreate an illegal unit. You will need a legalization strategy — fire separations, egress, ceiling heights, zoning permissions — or a different layout.

The good news: a fire rebuild is often the cheapest time to legalize a unit, because the walls and ceilings are already open. Done right, you can come out of a disaster with a fully legal, more valuable building.

Part 11 Helps — But It’s Not a Free Pass

OBC Part 11 (renovation of existing buildings) can allow some existing conditions to remain, and offers compliance alternatives where full new-construction requirements aren’t practical. On fire rebuilds, this can save real money.

But the more of the building you remove and rebuild, the less “existing” there is to protect. New work is generally expected to meet current requirements. A designer who knows how to argue Part 11 properly — and when not to — makes a big difference here.

Four Things Owners Should Do Immediately

• Talk to your broker about code-upgrade coverage. Many policies have a by-law or code-upgrade endorsement that may cover some of the cost of bringing the building up to current code. Find out what you have and what the limits are before the scope is finalized.
• Get a designated substances survey before demolition. Older homes often contain asbestos and other designated substances. Ontario’s Occupational Health and Safety Act requires owners to identify these before tendering the work.
• Contact the inspector early. Confirm what they need to see, whether an engineer’s report is required first, and what timeline they expect.
• Bring the design team in before the restoration contractor finalizes scope. It’s far cheaper to align the claim with the permit drawings now than to fight a change order later.

What the Restoration Contractor and Adjuster Often Get Wrong

• Treating the permit as a formality that can be “handled later”
• Assuming a like-for-like rebuild doesn’t need engineering
• Starting demolition or reframing before the permit is issued
• Pricing the claim without code-upgrade items, then fighting over change orders

None of this is bad intent. Their job is to close the claim. Your job — and ours — is to close the City file.

How Rojas Empire of Design Helps Fire and Insurance Projects

• Site visit and measured existing conditions, including documenting the damaged areas.
• Permit-ready architectural drawings with a full code analysis, fire separation details, sections and notes.
• Engineering coordination — structural, HVAC and energy efficiency — so the City gets one coordinated package.
• Unit legality review, so you know upfront whether the pre-fire layout can be permitted or needs a legalization path.
• Communication with the inspector and examiner, and coordination with your adjuster and restoration contractor on what the permit requires.

Final Thoughts

A fire is stressful enough. The permit doesn’t have to be. Insurance drawings get the claim moving; permit drawings get the City order closed and the building occupied again. The sooner those two are aligned, the less time your property sits empty.

If you’ve had a fire or received an unsafe building order, send us the order and the insurance drawings. We’ll tell you what’s missing and how quickly we can get you to submission.