# Can I tear down a house and build a new home in Hamilton?

> Demolishing a house in Hamilton to build a new home: demolition control, the replacement building permit, the two year rule and the service disconnection.

- Canonical HTML: https://www.jdtconstruction.ca/guides/demolition/
- Section: Home > Guides > Tearing down a house to rebuild
- Business: JDT Construction Inc., Hamilton, ON, Canada (serves Hamilton)
- Phone: (905) 818-0106 | Email: johnny@jdtconstruction.ca
- Page updated: 2026-11-05

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Guides

Yes, but Hamilton is a demolition control area: the old house cannot come down until the new one's building permit is issued. The City's routine approval registers a condition on title: if the replacement is not built within two years, the City is paid $20,000 per unit. Services are disconnected first, and the new house needs a builder with an HCRA licence. JDT Construction explains each step from the City's own forms.

## Why does the rebuild need a permit before the old house comes down?

Because the City designated itself a demolition control area under section 33 of the Planning Act, and its routine approval for a house depends on the replacement. The City's owner agreement form lists the conditions: “that the applicant for the demolition permit has applied for and received a building permit for a replacement building on the property”, and that if the replacement “is not erected within two years of the demolition of the existing building on the property, the City be paid the sum of $20,000 per dwelling unit” [(City of Hamilton, Owner Agreement Form, Demolition Permit Delegated Authority Approval, read November 5, 2026)](https://www.hamilton.ca/sites/default/files/2025-10/buildingpermit-eplans-owner-agreement-form-demolition-permit-delegated-authority-fillable-2025.pdf). That sum is a lien on the property until paid.

**The conditions on a routine Hamilton demolition approval for a house**

| Condition | What it means |
| --- | --- |
| A building permit for the replacement | Applied for and received before demolition |
| The two year rule | If the replacement is not built within two years of the demolition, $20,000 per dwelling unit is owed to the City |
| Registered on title | Notice of both conditions is registered on the property |
| Services | The water and sewer permit and the disconnection of services form are in before the demolition permit |

## Is the approval the same as a demolition permit?

No. The same form says, in capitals, that the approval “IS NOT A DEMOLITION PERMIT”, and that demolition “can not commence until a demolition permit and a building permit have been issued”. The demolition permit follows once the conditions are registered on title and the water and sewer permit and the disconnection of services form are in.

## What changed in December 2025?

By-law 25-225 cut the number of demolitions that need City Council's approval, to “expedite the demolition approval process”. It added two cases that skip Council: “in the Rural Area when abutting lands would not be impacted”, and “in a zone that does not permit a residential use”, and it lets a demolition go ahead where conditional site plan approval has been granted for the redevelopment [(City of Hamilton By-law 25-225, read November 5, 2026)](https://www.hamilton.ca/sites/default/files/2025-12/25-225.pdf).

## Does a smaller demolition need a permit too?

Usually. The City lists demolition of structures of 10 m² or more, partial demolitions and partial demolition of an attached structure as needing a permit, except a detached accessory building of not more than 15 m² [(City of Hamilton, Building Permit Application Requirements, read November 5, 2026)](https://www.hamilton.ca/build-invest-grow/construction-renovation/residential-building-renovation/building-permit). Taking out part of a house for an addition counts. For an infill house, the City's Residential Infill page also asks for an information notice at the site; the [areas page](https://www.jdtconstruction.ca/areas/) covers what else depends on location.

## Who may build the new house?

Ontario requires a builder holding a licence from the Home Construction Regulatory Authority, with the house enrolled with Tarion, unless you build it yourself for your own use. [Who may build a new home](https://www.jdtconstruction.ca/guides/new-home-licence/) explains the rule and how to check a builder. The steps for the new house are on the new homes page, and the inspections it goes through, start to occupancy, are in [the inspections on a build](https://www.jdtconstruction.ca/guides/inspections/).

Published by JDT Construction Inc., Hamilton. Updated November 5, 2026. Free to share and quote, with a link back to this page.

## Planning a build?

JDT draws it on a picture of your property and prices it in one written proposal.

[Call (905) 818-0106](tel:+19058180106) [Request a quote](https://www.jdtconstruction.ca/request/)

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JDT Construction Inc. Call (905) 818-0106. Full site: https://www.jdtconstruction.ca/