# When do I need a minor variance for a build in Hamilton?

> When a Hamilton build needs a minor variance from the Committee of Adjustment, how the notice and hearing work, and the 2026 fees for an addition or ADU.

- Canonical HTML: https://www.jdtconstruction.ca/guides/minor-variance/
- Section: Home > Guides > When you need a minor variance
- 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

In Hamilton, when a plan cannot meet the zoning by-law, such as an addition too close to a lot line or a garden suite over the height limit. You apply to the Committee of Adjustment for a minor variance, and only after approval for the building permit. In 2026 the fee is $4,135, or $745 for a routine one such as a porch, deck or secondary unit. JDT Construction draws the plan on your lot first, where a problem shows.

## How do I know if my plan needs one?

The City checks every permit application against the zoning by-law, which sets out “Location of buildings and other structures on a lot”, building size, height, lot sizes and parking. Its permit review page then says: “If you are unable to comply with the provisions of the Zoning By-law, you may submit an application to the Committee of Adjustment for a minor variance.” [(City of Hamilton, Building Permit Review and Approval, read November 5, 2026)](https://www.hamilton.ca/build-invest-grow/construction-renovation/residential-building-renovation/building-permit-review) The common triggers on a house are setbacks, height, lot coverage and parking. Which zoning by-law covers your lot is on the [areas page](https://www.jdtconstruction.ca/areas/).

## What does it cost?

**City of Hamilton Committee of Adjustment fees, 2026**

| Application | Fee |
| --- | --- |
| Minor variance | $4,135 |
| Routine minor variance: pools, decks, sheds, accessory buildings, porches, eave projections, legal non-complying situations and secondary dwelling units | $745 |
| Variances required after the fact | $5,160 |
| Recirculation | $340 |
| Zoning compliance review in support of a minor variance | $520 |

Fees from the City's Planning Division Fees 2026 [(City of Hamilton, Planning Division Fees 2026, read November 5, 2026)](https://www.hamilton.ca/sites/default/files/2026-04/planning-fees-apr2026.pdf). Note the after-the-fact fee: asking first is cheaper than asking forgiveness.

## What happens after I apply?

The Committee of Adjustment holds a public hearing and decides. If it approves the variance, the City says “you may submit a Building Permit application, subject to the terms established by the Committee of Adjustment” [(City of Hamilton, Building Permit Review and Approval, read November 5, 2026)](https://www.hamilton.ca/build-invest-grow/construction-renovation/residential-building-renovation/building-permit-review). So a variance adds a step before the permit, and the drawings have to match what the Committee approved. The Committee is at City Hall, 71 Main Street West, 5th floor, 905-546-2424 extension 4221 [(City of Hamilton, Committee of Adjustment, read November 5, 2026)](https://www.hamilton.ca/build-invest-grow/planning-development/committee-adjustment).

## How does this affect an addition or an ADU?

Most ADU rules are fixed distances and sizes, so a garden suite that misses one by a little is a typical variance; the [ADUs page](https://www.jdtconstruction.ca/builds/adus/) has the distances. On [additions](https://www.jdtconstruction.ca/builds/additions/), the rear yard and side yard setbacks are the usual issue. JDT Construction Inc. draws the work on your lot before there is a price, which is where a setback problem shows up, before anyone has paid for permit drawings. What the permit costs once the variance is through is in [what a building permit costs](https://www.jdtconstruction.ca/guides/permit-fees/).

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/