The Short Answer
What does "as of right" mean in Markham zoning? "As of right" means a use or structure is already permitted under Markham's zoning by-law — you can build it (with a building permit) without special approval. If your plan does not comply with the by-law, you need relief: a minor variance from the Committee of Adjustment, or a zoning by-law amendment. Those two words decide which path you're on.
You want to add a second storey, build a larger addition, or put up a garden suite in Markham. Whether that project is straightforward or requires months of approvals comes down to two words: "as of right." Michael John Lau, a top real estate agent in Markham, explains what they mean and when you need Committee of Adjustment approval.
What "As of Right" Actually Means
Every property in Markham is governed by a zoning by-law that sets out what you can build and how — permitted uses, height limits, setbacks (how far a structure must sit from property lines), lot coverage, parking requirements, and more. If your proposed project complies with all of these requirements, it is permitted "as of right." That means you can proceed with a building permit, without asking for special permission — the by-law already allows it.
Markham's zoning is set out primarily in the new Comprehensive Zoning By-law 2024-19, which the Ontario Land Tribunal approved on a City-wide basis (with some site-specific exceptions), though not every property is affected by it yet. You can check whether your property falls under the new by-law through the City's zoning information page.
When You Need Relief — And Which Kind
If your project does not comply with the zoning by-law, you cannot simply build it. You need to apply for relief, and there are two main paths depending on how far your plan departs from the rules.
Minor Variance — Committee of Adjustment
When your project needs a small, site-specific deviation from a numeric standard — a setback, a height limit, lot coverage, or parking — without changing the permitted use, you apply for a minor variance. These are decided by Markham's Committee of Adjustment, an independent body authorized under Section 45 of the Ontario Planning Act, without City Council involvement. The process typically takes up to about two months.
Zoning By-law Amendment — a bigger ask
When your proposed use is not permitted by the current zoning, or the deviation is significant, or multiple standards are changing, you need a zoning by-law amendment — a larger, longer process. Misidentifying which application you need is the most common cause of lost time, so this is worth confirming early.
Neeraj Moolchandani on Zoning, Variances, and Markham Property Decisions
Neeraj Moolchandani, REALTOR® at Kaizen Real Estate, works alongside Markham clients navigating exactly the situation this article describes. His specialty is translating complex market dynamics into a clear plan of action, whether that involves timing, negotiation strategy, or protecting long-term family wealth.
When Neeraj advises clients on zoning, variances, and markham property decisions, the conversation always starts with what matters most to the family, not what the market is doing this week. That is the difference between transactional advice and the kind of counsel Markham buyers return to for a decade.
The Four Tests for a Minor Variance
If you do go the Committee of Adjustment route, your application is judged against four tests under the Planning Act — all four must be satisfied:
1. Intent of the by-law
The variance must meet the general intent and purpose of the zoning by-law.
2. Intent of the Official Plan
It must meet the general intent and purpose of the Official Plan.
3. Desirable and appropriate
It must be desirable for the appropriate development or use of the land, building, or structure.
4. Minor in nature
It must be minor. Note that "minor" is judged case by case — the same variance can be minor in one situation and not in another. The onus is on the applicant to demonstrate the tests are met.
Check Zoning Before You Buy or Renovate
Two words in a zoning by-law can decide whether your plan proceeds or stalls. Book a private consultation with the Kaizen Real Estate Team.
Why This Matters Before You Buy or Renovate
These two words have real consequences for both buyers and homeowners.
For buyers with a plan: if you are buying a home intending to add on, add height, or build a suite, understanding whether your plan is "as of right" tells you whether it is a straightforward permit or a months-long approval with no guaranteed outcome. That can change which property you buy.
For homeowners renovating: knowing your project's status up front lets you plan realistic timelines and budgets, and avoid the costly mistake of designing something that needs approvals you did not anticipate — or worse, building without the required approval.
The definitive answer for any specific property and project comes from the City. A pre-application consultation with Markham's planning staff is the reliable way to confirm what your zoning permits and which approvals, if any, you need.
Michael John Lau, one of Markham's leading REALTORS®, helps buyers and homeowners think through exactly these questions — understanding how zoning and a property's potential intersect, so you buy and plan with clear eyes. Understanding whether your project is "as of right" is the first step to building it.