As-of-right means a use is already permitted by the zoning bylaw — so no rezoning, no variance, no committee hearing and no council decision. It does not mean you can skip the building permit, the code, or the inspections. The difference is that compliance gets checked rather than debated.
- As-of-right removes discretion, not process — nobody votes on whether you may proceed
- You still need a building permit, code compliance and inspections
- Three big regimes: Ontario’s Bill 23, BC’s SSMUH (Bill 44), Edmonton’s Bylaw 20001
- It also removes third-party appeals — neighbours can’t object to a complying application
- Physical constraints — setbacks, servicing, trees — bind regardless
This is the phrase that did most of the work in Canada’s 2022–2024 housing reforms, and it’s routinely misread in both directions. Some people think it means they can start building. Others think it means nothing changed. Neither is right.
This guide is the foundational explainer, and dozens of decisions downstream depend on getting it right.
What as-of-right means
The use is already permitted by the zoning bylaw. That’s the whole of it.
Practically, it means you do not need:
- A rezoning or zoning bylaw amendment
- A minor variance or development variance permit
- A hearing before a Committee of Adjustment or equivalent
- A council decision of any kind
- Neighbourhood consultation or support
And crucially, nobody can refuse you on discretionary grounds. If your proposal complies with the objective standards in the bylaw, the approval follows. A planner cannot decide they’d prefer you didn’t. A neighbour cannot object it away.
Why that matters more than it sounds. Before these reforms, adding units usually meant a rezoning application — a process that could take a year, cost tens of thousands, and simply be refused at the end. The risk wasn’t just delay; it was that you’d spend the money and get nothing. As-of-right removes that risk entirely.
In Alberta the distinction has a formal name. Development permits are categorised as permitted uses or discretionary uses. A permitted use must be approved if it complies — no discretion. A discretionary use gets deeper review, can attract conditions, can be refused with reasons, and can be appealed by third parties. Moving a use from discretionary to permitted is exactly what “as-of-right” describes, and it’s why Calgary’s move to list secondary suites and backyard suites as permitted uses matters so much to homeowners.
What it does not remove
This is where the misunderstanding costs money.
You still need a building permit. Always. As-of-right is a zoning concept; the building permit is a code matter, and they’re entirely separate approvals.
You still have to comply with every objective standard in the bylaw. Setbacks, height, site coverage, floor area, parking, amenity space, angular planes. As-of-right means these get checked rather than debated — it doesn’t mean they don’t apply. A proposal that breaches a setback isn’t as-of-right; it’s a variance application.
You still have to meet the building code. Egress, fire separation, ceiling height, insulation, structure. The Ontario Building Code, BC Building Code and National Building Code – Alberta Edition all apply exactly as before.
You still get inspected, at stages through construction.
And the physical constraints don’t move. Servicing capacity, lot geometry, protected trees, heritage designation, floodplain, easements — none of these are affected by a zoning change. The most common disappointment we see is a homeowner who reads “three units as-of-right,” assumes it applies to their lot, and discovers the servicing won’t carry it. Permission is necessary, not sufficient.
The three big regimes
Ontario — Bill 23. The More Homes Built Faster Act, 2022 (Bill 23, Royal Assent 28 November 2022) requires most residential lots zoned for a single home to permit up to three residential units as-of-right — three within the primary building, or two plus one in an ancillary structure such as a garden or laneway suite. This applies to urban residential land served by municipal water and sewer.
Ontario paired it with money: the second and third units are exempt from development charges and parkland dedication.
British Columbia — SSMUH under Bill 44. The Province of British Columbia requires most municipalities to permit a minimum of three units on parcels of 280 m² or smaller and four on larger parcels, within urban containment boundaries in municipalities over 5,000 people — rising to six near frequent bus service, defined as a stop served at least every 15 minutes on average between 7 a.m. and 7 p.m., Monday to Friday. Secondary suites and detached accessory dwelling units are permitted province-wide in single-family residential zones.
Local governments had to update bylaws by 30 June 2024, with a further round under Bill 25 due by 30 June 2026.
Alberta — municipal, and Edmonton went furthest. There’s no provincial framework. Edmonton’s Small Scale Residential zone under Zoning Bylaw 20001, in effect since 1 January 2024, permits up to eight dwelling units on a sufficiently large mid-block lot — roughly 75 m² of site area per unit. Calgary is mid-change: a repeal of blanket rezoning takes effect 4 August 2026, while suites separately move toward permitted-use status.
The pattern worth noticing: provincial legislation sets a floor that municipalities implement in their own bylaws. The local bylaw is what a building official actually applies — so always check your municipality, not just the provincial headline.
When you fall outside it
You’re outside as-of-right whenever your proposal doesn’t meet an objective standard. Then you’re asking for permission, and permission can be refused.
In Ontario: a minor variance, decided by a Committee of Adjustment against a statutory four-part test — the variance must be minor, desirable for the appropriate development of the land, and conform to the intent and purpose of both the official plan and the zoning bylaw. All four, not any one.
In BC and Alberta: development variance permits and their equivalents, decided by the municipality.
What this means practically:
- Designing within the standards is worth real money. A design that fits as-of-right is predictable; one relying on a variance carries time, cost and genuine risk of refusal.
- Variances invite objections. The process usually includes notice to neighbours and an opportunity to object — reintroducing exactly the discretion as-of-right removed.
- Missing by a little is still missing. There’s no partial as-of-right.
The common triggers: parking that doesn’t fit (Calgary requires a stall with published minimum dimensions, and street parking and tandem stalls don’t count), amenity space (Calgary requires at least 7.5 m² with no side under 1.5 m), a setback that doesn’t work, or a height that breaches an angular plane.
Our guide on variances and the Committee of Adjustment covers the process in detail.
How to check your own zoning
Free, and about twenty minutes.
- Find your zone designation using your municipality’s mapping tool. Edmonton directs homeowners to maps.edmonton.ca and publishes open data queryable by address; Calgary provides an interactive address map; Toronto offers Preliminary Zoning Reviews.
- Find the permitted uses for that zone, and check whether your intended unit count appears.
- Note the objective standards — setbacks, coverage, height, floor area, parking, amenity space, any angular plane.
- Draw your lot and apply them. What’s left is what you can build as-of-right.
- Check the overlays — heritage, floodplain, conservation authority regulated lands, tree protection, and area-specific restrictions like Calgary’s Airport Vicinity Protection Area.
If the answer is yes — your use is permitted and your design fits the standards — you’re as-of-right, and the remaining process is technical.
If the answer is close but not quite, redesigning to fit is almost always better than applying for a variance.
Our zoning and bylaws guide covers what a municipality assesses, and our planning and permits page covers the approvals stage.
Find out what your lot permits as-of-right
The provincial headlines set a floor. What your specific property permits — and whether it can physically carry it — is a different question, and the one that matters.
HouseLyft’s free property assessment answers it for your address. Request your free report.
This guide explains zoning concepts in general terms and is not legal advice. Provincial and municipal rules differ and are amended periodically — confirm the current position for your property with your municipality before committing to a project.
Checked by Lee Yousaf, Founder