Maintenance and Repairs

March 4, 2025 Published by Toronto and Area Chapter - By Antoni Casalinuovo

New Building Code Changes to Have Significant Effects on Condos

From the Winter 2024 issue of CCI Toronto Condovoice Magazine.

Wood frame construction could result in huge costs for unit owners down the road

A recent change to the Ontario Building Code that came into effect on January 1, 2025 has the potential to cause significant problems for future condo owners. As of this year, developers can now design and build structures to a maximum height of 18 stories using wood frame construction instead of concrete.

While this change has been touted by the province as something that will result in a boost for the timber industry and gives developers an opportunity to build homes faster and cheaper; it will result in significant headaches (both financial and actual) for future condominium owners.

Any engineer will tell you that concrete is a much more durable substance than wood, especially wood that has been treated with fire retardant. As such, any building using wood frame construction will not have the same structural integrity as a building with concrete. This will impact the size of units and the load that each floor can withstand.

Concrete is also non-combustible (i.e. it does not catch fire) and has a slow rate of heat transfer. When a fire occurs in a high-rise the concrete frame prevents fire from moving from one unit to another and typically contains it to one unit. Most of the damage to the Unit(s) and common elements stems, not from the fire itself, but the water used to put the fire out. This is because the water will flow from the location of the fire to the adjacent common elements and the units (especially locations directly below the blaze).

Even if the structure is made of fire-retardant treated wood, it is still combustible, but at a lower rate of untreated wood. This means that once the wood frame catches fire, the structural integrity of the building itself will be impacted. Insurers may also demand a hefty premium to insure a wood frame building versus a concrete building.

Treated wood is still a porous material. Moisture or water will eventually penetrate the wooden structure which will cause it to expand, contract, and/or grow mould. Any treatment to wood has a limited shelf life and does not last forever. However, once the structure is erected, the condominium corporation will not be able to re-apply treatment to protect it against fire and/or water penetration.

Finally, “Hundred Million….” no I am not signing a song from a Canadian rock band named Treble Charger, but making a slightly exaggerated guess regarding how many CAT cases over noise will be made in these wood frame buildings. Concrete is vastly superior to wood for blocking air-borne and structure-borne sound, and it forces sound to bounce around within the source Unit. Most sound transmission will result from HVAC equipment, windows or gaps within the unit, such as door frames and windows.

In short, what might seem like a great idea to help improve home affordability could translate to huge costs for unit owners down the road.

Antoni G. Casalinuovo is a senior lawyer with Deo Condominium Law who has been regarded as a litigation power house in the area of condominium law.