Post by: Meghan MacDonald
Developers and builders need to be aware of section 126.96.36.199. of the Building Code if they’re considering building multiple buildings on one property and only one servicing pipe services the property. This becomes especially crucial if the property is severed into two or more parcels or if there is any consideration given to having separate condominium plans on the property.
Section 188.8.131.52. provides:
184.108.40.206. Separate Services
(1) Except as provided in Sentences (2) and (3), piping in any building shall be connected to the public services separately from piping of any other building.
(2) An ancillary building on the same property as the main building may be served by the same service.
(3) Water service pipes or building sewers serving buildings located on the same property may connect into a private water supply or a private sewer conforming to Article 220.127.116.11.
(4) No plumbing serving a dwelling unit shall be installed in or under another unit of the building unless the piping is located in a tunnel, pipe corridor, common basement or parking garage, so that the piping is accessible for servicing and maintenance throughout its length without encroachment on any private living space, but this Sentence does not prevent plumbing serving a unit located above another unit from being installed in or under the lower unit. (underline added)
At first glance it doesn’t seem like there is an issue for developers/builders constructing multiple buildings on one property because according to subsection 18.104.22.168.(2), ancillary buildings on the same property can share one servicing pipe.
However, consider the following scenario:
- a developer decides to build two separate apartment buildings on one parcel of land;
- both buildings will be serviced by a single servicing pipe;
- halfway through construction of the second building the developer decides it wants to convey title to one of the buildings to a related company. The developer severs one of the buildings from the property in order to have the apartment buildings on two separate parcels of land.
The developer now has a problem. Section 22.214.171.124. only allows multiple buildings to share a single servicing pipe if they are located on the same property.
It doesn’t matter that it was acceptable for both buildings to share the single servicing pipe prior to severance. Once the parcel of land is severed, a violation of the Building Code exists and a municipality could require the installation of another servicing pipe before it will grant any approvals or permits that may be necessary for completion of the properties.
The same issue arises if for any reason two or more condominium plans are proposed for the property.
Installation of a servicing pipe after site servicing is otherwise completed can be a significant expense.
There is one way the developer can avoid having to install a second servicing pipe. The solution is found in Appendix A to the Compendium to the Building Code:
A-126.96.36.199.(1) Separate Services
Building sewers and water service piping serving buildings that are not located within the same property may be interconnected if the owners of the properties and the municipality enter into an agreement that is registered against the title to which it applies.
There are two issues with this solution:
1. The municipality is not required to enter into this type of agreement because Appendix A is explanatory only and not part of the Building Code requirements; and
2. If the municipality does agree to enter into this type of agreement it will take time and cost money to create an agreement that the municipality will agree to sign.
Bottom Line: be aware of this single servicing pipe issue when planning construction of multiple buildings on one parcel of land because it could add complications and additional costs to a project down the road if the property is ever severed or if separate condominium plans are proposed for the property.