Once illegal construction is complete, it’s incredibly difficult to penalize the offending property owner, Newmarket’s chief building official admits.

While there has been a significant increase in the number of complaints to the bylaw department regarding illegal construction over the last few years —estimates peg the hike in calls at between 20 and 30 per cent during the three to four year span — and town representatives typically respond within 48 hours of notification, the practice is becoming more commonplace in town.

“We have seen an increase in recent years in the number of complaints coming in, in particular with accessory dwelling units,” chief building official Dave Potter said. “It may be symptomatic of the public being more informed. We’re there to make sure the houses are safe and the occupants are safe. We’re by no means alone in having illegal construction, where people are putting in secondary dwelling units. Invariably, a lot of them are done without building permits.”

Michele Weiman believes she was living in an illegally-built basement apartment on Sandford Street for nearly two years. She moved into the house shortly after renovations took place, but notes the apartment had electrical issues and lacked proper emergency exits during the entire duration of her stay. She complained to the landlord about several issues, but they were rarely resolved.

Related Content Newmarket homeowner frets about ‘illegal’ construction next door

The town was also called in to inspect the property twice. Staff deemed it up to code, despite her concerns.

“I didn’t expect problems, but they been here almost since day one,” she said taking a break from packing recently, noting her decision to contact The Era was not done out of spite for the landlord.

Potter said enforcement after the renovation has been done is difficult, because town officials cannot determine when the work was completed, or whether it significantly altered the previous design of the house.

Potter doesn’t quite understand why several property owners are seemingly skirting the law. Permit fees for smaller renovations are “purposely low” — typically in the range of a few hundred dollars, depending on the scope of work — to encourage bylaw compliance and complete applications are processed within a mandated 10-day period.

Newmarket’s building department processes 800 to 1,000 permits per year.

However, it’s the illegal activity within town that the department is having difficulty tracking. If caught, property owners can be forced to redo the work up-to-code. But an investigation is launched after a complaint is made, and neighbours and tenants are often hesitant to report illegal work in fear of repercussion — even though poor construction practices can but their health and safety at risk.