Brandon Donnelly
Daily insights for city builders. Published since 2013 by Toronto-based real estate developer Brandon Donnelly.
Brandon Donnelly
Daily insights for city builders. Published since 2013 by Toronto-based real estate developer Brandon Donnelly.
The big news this week for Toronto city builders is that the city has put forward a proposal to substantially increase development charges. Here's a tweet storm that I published earlier today on the topic, and here's a summary of what the new fees might look like:
To translate this into a specific example, let's assume that you're building a 300 unit apartment building with 180 one bedroom suites and 120 two bedroom suites.
Under these proposed DC rates, this would translate into charges of about $9.6mm for the one bedroom suites and $9.8mm for the two bedroom suites, totaling over $19.4mm in DCs alone. But keep in mind that there would be other charges on top of this for parkland dedication, community benefits, and a bunch of other things.
When our cost consultant ran the numbers back in 2019, the estimate was that about a quarter of the price of a new condominium in Toronto was going to government fees and taxes. But with the above increase and with the introduction of policies like inclusionary zoning, I am sure that the number is higher today.
These are easy fees to hide. Most people don't know they exist. And a lot of people don't seem to like new development and new housing. Property taxes on the other hand are highly visible and highly sensitive. So that tax tends to be left alone, especially by comparison.
But these increases are hugely impactful. It means that developers across the city will now need to start looking at increasing rents and prices in order to try and offset it. If they can't, they won't build. And if they can, it will mean that the housing that does ultimately get built will be that much more expensive.
Currently, if you're building an Ancillary Secondary Dwelling Unit (such as a laneway suite) in the City of Toronto, you can defer the payment of any development charges for 20 years from the date that a building permit is issued for the unit. But really what this means is that, if you don't do anything bad for 20 years (event of default), you won't have to pay anything. The payable charge goes to $0 at the end of the term and the agreement goes away. Cool.
So what are some of the bad things that you're not supposed to do?
Well the main thing is that you're not allowed to create a new lot at any point during the 20-year deferral period. This is because the laneway suite policies are designed to encourage the creation of new rental housing and not new for sale housing. So you can't sever off the back of your lot. The other thing you need to do is make sure that if you were to ever sell your property that the new owner(s) assumes these same obligations.
This all makes sense.
There is some fine print to consider. The payable development charge amount that the City enters into these agreements is the rate for single detached dwellings. Currently that figure is $76,830. This is more than double what you would have to pay if you, well, just paid the DCs for your ancillary secondary unit instead of deferring them. The reason for this is because, if you do do something bad such as sever your property, you've now no longer built an ancillary secondary unit. You've built a detached dwelling. Rates go up.
Moral of the story: Don't create a new lot. For more information on the program, click here.
P.S. I'm not a lawyer. Please don't take this post as any sort of legal advice. This post was also revised from its original version to correct a misunderstanding on my part.
The big news this week for Toronto city builders is that the city has put forward a proposal to substantially increase development charges. Here's a tweet storm that I published earlier today on the topic, and here's a summary of what the new fees might look like:
To translate this into a specific example, let's assume that you're building a 300 unit apartment building with 180 one bedroom suites and 120 two bedroom suites.
Under these proposed DC rates, this would translate into charges of about $9.6mm for the one bedroom suites and $9.8mm for the two bedroom suites, totaling over $19.4mm in DCs alone. But keep in mind that there would be other charges on top of this for parkland dedication, community benefits, and a bunch of other things.
When our cost consultant ran the numbers back in 2019, the estimate was that about a quarter of the price of a new condominium in Toronto was going to government fees and taxes. But with the above increase and with the introduction of policies like inclusionary zoning, I am sure that the number is higher today.
These are easy fees to hide. Most people don't know they exist. And a lot of people don't seem to like new development and new housing. Property taxes on the other hand are highly visible and highly sensitive. So that tax tends to be left alone, especially by comparison.
But these increases are hugely impactful. It means that developers across the city will now need to start looking at increasing rents and prices in order to try and offset it. If they can't, they won't build. And if they can, it will mean that the housing that does ultimately get built will be that much more expensive.
Currently, if you're building an Ancillary Secondary Dwelling Unit (such as a laneway suite) in the City of Toronto, you can defer the payment of any development charges for 20 years from the date that a building permit is issued for the unit. But really what this means is that, if you don't do anything bad for 20 years (event of default), you won't have to pay anything. The payable charge goes to $0 at the end of the term and the agreement goes away. Cool.
So what are some of the bad things that you're not supposed to do?
Well the main thing is that you're not allowed to create a new lot at any point during the 20-year deferral period. This is because the laneway suite policies are designed to encourage the creation of new rental housing and not new for sale housing. So you can't sever off the back of your lot. The other thing you need to do is make sure that if you were to ever sell your property that the new owner(s) assumes these same obligations.
This all makes sense.
There is some fine print to consider. The payable development charge amount that the City enters into these agreements is the rate for single detached dwellings. Currently that figure is $76,830. This is more than double what you would have to pay if you, well, just paid the DCs for your ancillary secondary unit instead of deferring them. The reason for this is because, if you do do something bad such as sever your property, you've now no longer built an ancillary secondary unit. You've built a detached dwelling. Rates go up.
Moral of the story: Don't create a new lot. For more information on the program, click here.
P.S. I'm not a lawyer. Please don't take this post as any sort of legal advice. This post was also revised from its original version to correct a misunderstanding on my part.
There are many development narratives that I don't quite understand. (I'm thinking of Toronto, but you can probably replace Toronto with any number of global cities for this discussion.) One is the belief that our transit network is full and so no new development should be allowed in certain locations, next to certain transit stations. The thrust of this argument is that additional transit capacity must be added before any new development is allowed to occur. This might sound logical, except it ignores the fact that the need for new housing doesn't magically disappear because subway cars are thought to be too busy during the morning rush.
Transit systems are also a network, and so does this mean that no more development should be allowed to happen anywhere in the city/region? Or is the goal to simply move development off of higher order transit and into lower-density areas so that the future residents in these new buildings can either take buses to the transit stations that were previously deemed to be at capacity or drive their cars everywhere? (Our highways have excess capacity during the morning rush, right?)
The second narrative that I find perplexing is that new developments don't give back in any way. Above is a chart showing residential development charges in the City of Toronto, as of November 1, 2020. This chart outlines the fees that every developer must pay when building new residential, though it is important to keep in mind that there are many other government fees and charges that form part of almost every new development. These are things like parkland dedication and separately negotiated community benefits. But for the purposes of this post, let's just focus on development charges (aka impact fees).
Assume you're building a 400 unit apartment building, consisting of 240 one bedroom suites (60%) and 160 two and three bedroom suites (40%). Based on the above chart, your development charge bill would be:
240 one bedroom suites x $33,358 per unit = $8,005,920
160 two and three bedroom suites x $51,103 per unit = $8,176,480
For a total of $16,182,400.
But it's important to keep in mind that these are the rates as of November 1, 2020. They will almost certainly go up by the time these charges become payable for your 400 unit apartment building. By how much you ask? Well according to Urban Capital's most recent issue of Site Magazine, which compared a development pro forma from 2005 to 2020, development charges in the City of Toronto have increased by about 3,244% during this time period. (The S&P 500 was up about 220% during this same time.) These are obligatory fees that contribute to everything from transit and parks to subsidized housing and municipal services. (The line items above.)
So it strikes me that there are other more productive questions that we could and should be asking ourselves. Such as, why is it that our transit/mobility infrastructure hasn't kept pace with new development and new housing demand? What are we going to do to fix that immediately? Why are we not taxing the things we don't want (like traffic congestion) so that we have more resources for the things we do want (like transit and housing)? And most importantly, what is the best way for all of us to work together so that we can create the absolute greatest global city in the world?
Photo by Mimi Di Cianni on Unsplash
There are many development narratives that I don't quite understand. (I'm thinking of Toronto, but you can probably replace Toronto with any number of global cities for this discussion.) One is the belief that our transit network is full and so no new development should be allowed in certain locations, next to certain transit stations. The thrust of this argument is that additional transit capacity must be added before any new development is allowed to occur. This might sound logical, except it ignores the fact that the need for new housing doesn't magically disappear because subway cars are thought to be too busy during the morning rush.
Transit systems are also a network, and so does this mean that no more development should be allowed to happen anywhere in the city/region? Or is the goal to simply move development off of higher order transit and into lower-density areas so that the future residents in these new buildings can either take buses to the transit stations that were previously deemed to be at capacity or drive their cars everywhere? (Our highways have excess capacity during the morning rush, right?)
The second narrative that I find perplexing is that new developments don't give back in any way. Above is a chart showing residential development charges in the City of Toronto, as of November 1, 2020. This chart outlines the fees that every developer must pay when building new residential, though it is important to keep in mind that there are many other government fees and charges that form part of almost every new development. These are things like parkland dedication and separately negotiated community benefits. But for the purposes of this post, let's just focus on development charges (aka impact fees).
Assume you're building a 400 unit apartment building, consisting of 240 one bedroom suites (60%) and 160 two and three bedroom suites (40%). Based on the above chart, your development charge bill would be:
240 one bedroom suites x $33,358 per unit = $8,005,920
160 two and three bedroom suites x $51,103 per unit = $8,176,480
For a total of $16,182,400.
But it's important to keep in mind that these are the rates as of November 1, 2020. They will almost certainly go up by the time these charges become payable for your 400 unit apartment building. By how much you ask? Well according to Urban Capital's most recent issue of Site Magazine, which compared a development pro forma from 2005 to 2020, development charges in the City of Toronto have increased by about 3,244% during this time period. (The S&P 500 was up about 220% during this same time.) These are obligatory fees that contribute to everything from transit and parks to subsidized housing and municipal services. (The line items above.)
So it strikes me that there are other more productive questions that we could and should be asking ourselves. Such as, why is it that our transit/mobility infrastructure hasn't kept pace with new development and new housing demand? What are we going to do to fix that immediately? Why are we not taxing the things we don't want (like traffic congestion) so that we have more resources for the things we do want (like transit and housing)? And most importantly, what is the best way for all of us to work together so that we can create the absolute greatest global city in the world?
Photo by Mimi Di Cianni on Unsplash
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