Shade Screens, Retractable Awnings & Patio Covers in Surrey

Building Bylaw 2012 No. 17850 states in Part 3 that the bylaw does not apply to buildings exempted by the Building Code, except as expressly provided, and then in Part 4 that no person shall commence or continue any construction unless the Building Official has issued a valid and enduring permit for the work. That is a prohibition with one referred exemption behind it. There is no Surrey published square metre figure for a roofed structure below which you are clear.

The City's residential permit page sets out criteria for building without a building permit, and every word of it describes a shed. The storage shed must have an area of 10 square metres or less, be sited 1.5 metres away from any neighbouring property lines and 3.0 metres away from other buildings on the same property, and the City frames the reason as hazard rather than as size alone. Whether the Building Division reads an open roofed structure of 10 square metres or less the same way is a question to put to them. It is not an assumption to build a design on.

The same page closes that loop immediately, stating that property owners who construct a shed without a permit must ensure compliance with Zoning Bylaw 12000 for use, density, lot coverage, setback and building height. Two of those five, density and lot coverage, are precisely the ones a roof over outdoor space moves.

Surrey's deck permit guide asks for roof slopes on the elevations where the deck is covered, for lot coverage calculations on the site plan, and for the direction and sizes of all roof structural components including beams and hangers, sealed and signed by a registered professional engineer where engineered beams are used. The City expects the cover to be part of the deck drawing rather than something proposed later. The guide is dated July 2014, so it is used here for what it asks for rather than for any current figure.

The same guide states that the Trees and Landscape Department will also review the application to determine whether there are any tree protection requirements. That is worth knowing before footings are set out, because a protection barrier or an arborist supervision letter can change where a post is physically able to land.

Surrey's detached garage and accessory building guide asks the applicant to indicate existing and proposed lot coverage and floor area ratios. That request only makes sense in a city where a new structure consumes some of both, which in Surrey it does. This guide is dated January 2013 and is used here for process only.

Alongside the ordinary residential list, the City publishes a Bridgeview floodplain residential building permit and a Crescent Beach floodplain residential building permit. If the property sits in either, the local process is the starting point rather than the general one.

Surrey runs a named Illegal Construction Enforcement Team and publishes the consequences in detail: fines issued to the property owner and to any contractors or employees present on site, ranging from $400 to $50,000 for each offence; a notice placed on the title of the property under Section 57 of the Community Charter, available to the public including potential purchasers, mortgage lenders and insurance companies; and court orders requiring owners to remove or demolish unpermitted work at their own expense and to pay the City's legal costs. We raise it not to alarm anyone, but because it is the reason we would far rather resolve a borderline structure with the City at drawing stage than at inspection stage.

The clause appears in the RA acreage zone, the R1 suburban zone, the R2 quarter acre zone and the R3 urban zone. In the R3 wording, the calculation of floor area ratio must include covered outdoor space with a height of 1.8 metres or greater, except for a maximum 10 per cent of the maximum allowable floor area of which 10 square metres must be reserved for a front porch or veranda, and must include the area of an accessory building in excess of 10 square metres. Only part of that 10 per cent is spoken for by the porch, so there is a real allowance before a cover begins to count.

Separately, the bylaw's Part 1 definition of floor area ratio excludes basements, crawl spaces having no more than 1.5 metres of clear height, balconies, canopies, terraces and decks from floor area. That sits in tension with the zone clause above. We report both rather than picking one, because which provision governs a particular structure is a determination for the City and not for a contractor.

Surrey does not leave this to interpretation. Lot coverage means the horizontal area produced by a vertical projection of the outside of the outermost walls, or the area within the supporting elements, of all buildings, outdoor covered areas and structures on the lot, unless otherwise specified in the zone. The same definition excludes any structure in or beneath existing grade whose top, other than guards, sits not more than 0.6 metres above the finished or existing grade. Which is why a low patio slab is not the problem and the roof over it is.

In the R3 zone, a single family dwelling with or without a secondary suite may cover 40 per cent on a lot of 560 square metres or less. Greater than 560 square metres but 1,262 square metres or less, the 40 per cent is reduced at a rate of 2 per cent for each 93 square metres of additional lot area until 25 per cent is reached. Greater than 1,262 square metres, it is 25 per cent. The same table sets a higher allowance, 50 per cent reducing to 30 per cent, where a coach house or garden suite is present. Confirm the zone and the figures that apply to your own lot with the City.

R3 Table F.1 gives other accessory buildings and structures over 10 square metres a front yard that is not permitted, a 1.2 metre rear yard, a 1.0 metre side yard and a 3.6 metre street side yard. At 10 square metres or less it gives 18.0 metres front, 0 metres rear, 0 metres side and 1.8 metres street side. In the R1 zone the larger category is 18.0 metres front, 1.8 metres rear, 1.0 metre side and 7.5 metres street side, and those figures are the same across all three R1 lot size columns.

R3 requires a minimum separation of 5 metres between the single family dwelling or duplex and any accessory buildings and structures exceeding 2.4 metres in building height, including a detached garage or carport regardless of building height. The minimum separation may be reduced to 3.0 metres for stairs and for an outdoor space such as a deck or patio that occupies a maximum of 10 square metres and may be covered by a roof. R1 publishes the same 5 metre figure. Other zones set the reduced separation area differently, so check the zone the property is in.

The R3 height table states that an accessory building must not exceed 4 metres, but may be increased to 5 metres where the roof slope and construction materials of the accessory building are the same as that of the principal building, and that structures must not exceed 4 metres.

Part 4 Section 20(b) states that in all zones, and unless incorporated as part of the principal building, structures including stadiums, stairwells, sheds, platforms, display signs, tanks, towers, swimming pools, windmills, chimney towers, satellite dishes, spires and similar structures shall not be sited within the required setbacks, with fences and poles excluded. Section 26(c) allows structures less than 0.6 metres in height to encroach into the building setback area.

The Part 1 definition of setback means the least horizontal distance from the lot line to the building, excluding eaves, chimneys, hutches, balconies or decks and bay or boxed windows which may encroach on each storey into the required setbacks, to a maximum of 0.6 metres. The definition does not name an awning or a fabric canopy, and Surrey publishes no residential projection allowance written for one, so this page states no answer for an attached awning and neither should anyone else without asking the Building Division.

A building means a structure having a roof supported by columns or walls used or intended to be used for the shelter or accommodation of persons, animals or chattels. The accessory building definition requires a detached building to sit at least 1 metre from the exterior wall of the principal building, and to be smaller in floor area and lot coverage than the principal building.

Surrey publishes how to find the zone that applies to a property through its COSMOS mapping, and publishes a Board of Variance route where a provision cannot reasonably be met. Nothing on this page attributes a zone or a coverage figure to a neighbourhood by name, because zoning here is a property by property answer the City holds.

Part 7A sets the setback by stream class and stream type, calculated by a Qualified Environmental Professional using the minimum distance from top of bank. All stream types other than those listed separately carry 30 metres for Class A or A/O and 20 metres for Class B. A ditch, meaning a stream that is a constructed drainage channel carrying water that does not originate from a headwater or significant source of groundwater, carries 10 metres and 7 metres. A natural stream, predominantly in its natural state and not significantly altered by human activity, carries 30 metres and 15 metres.

For lots that existed prior to 12 September 2016 where the zoning allows single family dwelling and duplex uses, the bylaw sets 15 metres for all stream types other than ditches, which stay at 10 metres and 7 metres. It also states that further subdivision or rezoning returns the lot to the longer table. Which table applies is a property by property answer the City holds rather than something readable from a drawing.

Part 8 applies to buildings and structures in the floodplain and then lists what it does not reach: interior renovation that does not increase floor area; an addition of less than ten per cent of total floor area; the portion designed or intended for parking including a carport or garage; a crawlspace under 1.5 metres in height; a non-habitable accessory building or structure; loading ramps or work bays; and open-walled covered work areas. We report that wording rather than drawing a conclusion from it, because the same Part carries watercourse and dike setbacks written about buildings and structures generally.

Despite any other provision of the bylaw, buildings or structures or any part of them must be located a minimum of 15 metres from the natural boundary of the sea, 30 metres from the natural boundary of the Fraser River, 30 metres from the natural boundary of the Nicomekl, Serpentine or Little Campbell rivers or any other watercourse, and 7.5 metres from a dyke Right-of-Way. Those distances override the zone tables by their own wording, which is why a rear yard on the Serpentine or Nicomekl flats can have a different usable footprint than the fence line suggests.

Surrey defines hazardous lands in the Building Bylaw itself as all areas of land designated as floodplain by the Provincial Government, any lot or portion of a lot containing land within steep slopes of a minimum 20 per cent gradient or greater, and any lot or portion of a lot falling horizontally within 30 metres of the top or within 10 metres of the bottom of such a slope. Part 18A then requires, before a permit issues for work within hazardous lands that constitutes subdivision, land alteration or land clearing, or construction of, addition to, or alteration of, buildings or structures, that the owner provide a copy of any required Hazard Land Development Permit and register and provide a copy of any required Section 219 covenants. Most Surrey properties are not affected. Where one is, it changes who needs to be involved and when.

This is the correction worth making, because it is commonly stated the other way round. Surrey's Hazard Lands area is written about construction of, addition to, or alteration of buildings or structures. The Sensitive Ecosystems area is written about construction, addition or alteration of a building or structure. The Farming Protection area is triggered by new construction. None of those three is limited by use. Only the Form and Character trigger is limited to commercial, industrial and multiple family residential development. Whether a specific property sits inside one of these areas is something the City holds, and it is the first thing to check.

Surrey's Farming Protection guidelines apply through a development process, so they bind the subdivision rather than a homeowner adding a cover afterwards. They matter anyway, because the covenant and the buffer are already registered and already laid out on many newer lots. As part of a development process, any property that falls within 50 metres of the Agricultural Land Reserve boundary registers a Restrictive Covenant informing future purchasers that farm operations take place in the area. For properties with a yard abutting the ALR, the minimum building setback from the boundary is 30 metres, a minimum of 4.5 metres of rear yard space sits between the landscaped buffer and the rear face of the dwelling, the minimum vegetated buffer width is 15 metres, and the vegetated landscape buffer remains under private ownership.

The City publishes the reasons a tree cutting permit cannot be applied for: the tree drops debris in gutters, drops leaves or fruit, gives too much shade, causes moss growth on the roof, has damaged a driveway or sidewalk, there is fence lifting, there is root interference with the lawn, or you want a better view. On a treed Surrey lot that settles the question of how shade and privacy get managed.

A Tree Cutting Permit is required to remove or re-top all trees that are at least 30 centimetres diameter at breast height, and the Tree Protection Bylaw separately protects named species regardless of size. For every tree you plan to remove, up to two replacement trees may be required. The replacement tree deposit is $550 per tree, and the published fine for damaging or removing a tree without a permit runs up to $20,000. On our work the practical effect is that a post position moves to protect a root zone, and a tree barrier may need to be standing before anything is dug.

Surrey does not fold this into a general tenant improvement. It publishes an Outdoor Seating Area Permit for eating or licensed beverage establishments, and states that a permit is needed to create an eating or licensed beverage establishment. Having its own permit type with its own published requirements makes the process easier to plan around.

Any proposed fence or trellis greater than 1.8 metres in height and all roofs require the involvement of a Structural Registered Professional. A Coordinating Registered Professional is required if there is more than one Registered Professional. There is no size threshold beneath the roof requirement. This rule is published on the outdoor seating permit page and applies to outdoor seating at an eating or licensed beverage establishment. Surrey publishes no equivalent blanket rule for a residential patio cover.

The required drawings include elevation drawings if there is any proposed fence, trellis or roof for the outdoor seating area, and sealed and signed structural drawings for any proposed fence or trellis greater than 1.8 metres in height. All roofs require sealed and signed structural drawings.

An outdoor seating area cannot be located in a required setback from a property line. The sidewalk around an outdoor seating area shall not be less than 1.5 metres wide and shall remain unobstructed at all times.

An exit gate shall be provided if the outdoor seating area is enclosed. The exit gate shall meet all the exit and accessibility requirements of the BC Building Code and shall not be obstructed at any time. Because screens, glazing and side panels are the point at which a patio can become enclosed, this rule sits directly on the systems we supply.

The Planning Division determines whether the proposed outdoor seating will comply with approved development permit conditions for the site, and applicants are advised to consult Planning before applying for a building permit to add outdoor seating. The Fraser Health Authority must review the drawings prior to the building permit application submission, and Fraser Health approval is required again before requesting a final inspection.

A Registered Architect is required if the occupant load for the entire eating or licensed beverage establishment exceeds 30 persons. The threshold is based on the whole establishment rather than on the patio alone.

The required documents include calculations showing the required number of water closets based on the total occupant load including the outdoor seats, and calculations showing the required number of parking spaces.