Construction in the right-of-way

City streets are essential for movement throughout Ottawa’s communities. Damage to asphalt roads and sidewalks make vehicle, cyclist and pedestrian movement more challenging, and hasten the need for repairs or replacement, and damage to grass and interlock boulevards impacts storm water drainage and the overall aesthetics of a neighbourhood.

Construction activities can present a risk of damage to the abutting street from such things as heavy machinery or material storage. The City has been collecting a Right-of-Way (ROW) Damage Deposit with every building permit application for the construction of a new residential, commercial or industrial building since September 2019.  The purpose of this deposit is to help guarantee that the City’s streets are left in, or returned to, their pre-construction state following completion of the project. In the event the City must repair or clean-up the street after construction, the ROW Damage Deposit will be used to fund this work.

The ROW Damage Deposit is being collected under the authority of the Road Activity By-law No. 2003-445. The ROW Damage Deposit does not apply to:

• project already subject to Site Plan Control or Subdivision approval
• where City staff determine there is no risk of damage to the abutting street.

Amount of ROW Damage Deposit

• New Fee: Right-of-way Damage Deposit Application Fee: $110.00
• Fee is to recover costs to the City of inspecting works by permit-holders to determine if the damage deposit can be released as well as by Planning, Real Estate and Economic Development Department’s Financial Services Unit to hold the damage deposit.
• Note: The Right-of-way Damage Deposit is now subject to a four (4) year forfeiture period. A Right-of-way damage deposit that has not been requested to be returned within four (4) years of its receipt by the City will be forfeited to the City.

The amount of the ROW Damage Deposit is as follows:

• single, duplex and triplex dwellings: $3000
• semi-detached and townhouse: $3000 per unit
• commercial or industrial building: $3000

The need for the deposit and the amount shall be determined as part of the building permit application at the time of the review of the Grading and Servicing Plan.

The ROW Damage Deposit will be collected as part of the fees payable for the building permit.

Before Beginning Construction

Before construction activities begin on the property, date stamped photographs recording the condition of the street should be taken. This helps to ensure a building permit holder is not held responsible for the repair of damage that existed before the project began.

If there is a need to store materials or stage construction activities on any part of the street, including the grass boulevard, or to construct temporary accesses to the property, the appropriate permits and approvals must first be obtained.

During Construction

Throughout construction, care should be taken to keep the street, sidewalk and boulevard in a condition that allows for the safe passage of motor vehicle, cyclist and pedestrian traffic. The street, sidewalk and boulevard should be kept clean and safe at all times.

If there is any damage to the street, sidewalk and boulevard that must be repaired, a road cut permit must be obtained. This ensures the reinstatement of asphalt and sidewalks is done to City standards.

Prior to requesting an inspection

Ensure all construction works are completed on the property including any street, sidewalk or boulevard repairs. The ROW inspectors will be referencing the approved grading and servicing plan to conduct their inspection to return the ROW damage deposit.

Requesting an Inspection

To schedule an inspection please email developmentinspections@ottawa.ca with the following information:

• Address of the property in question
• Building Permit Number
• Contact information