A Clear Guide to Buildings That Were Legal When Built but No Longer Meet Current Codes**
In architectural and interior renovation work, the term “existing non-conformity” appears frequently.
It is often misunderstood, but knowing its correct meaning helps avoid problems during planning and construction.
Existing non-conformity refers to a building that fully complied with the laws and standards at the time of construction, but no longer meets current codes due to later revisions of the Building Standards Act.
Importantly, this does not mean the building is illegal.
■ Existing Non-Conformity vs. Illegal Construction
| Type | Legal Status | Cause |
|---|---|---|
| Existing Non-Conformity | Legal, but does not meet current codes | Code revisions after construction |
| Illegal Construction | Violates laws | Non-compliant from the time of construction |
Existing non-conformity is simply the result of evolving safety standards.
The building itself is not “bad” or “improper.”
■ When Existing Non-Conformity Becomes an Issue
In daily use, it generally causes no problems.
However, the following types of renovations or changes may require the building (or part of it) to comply with current codes:
● Change of Use (e.g., retail → restaurant, office → clinic)
A new use may require different fire safety, ventilation, or equipment standards.
● Increase in Floor Area (expansion or reconfiguration)
Changes in area can affect evacuation routes, fire protection requirements, and other criteria.
● Structural Alterations (removing walls, enlarging openings)
Removing or modifying structural elements raises safety issues regardless of non-conformity status.
■ How Are “Finish-Only” Renovations Treated?
In interior work, the most common request is replacing finishes without altering structure or equipment.
Typical examples:
- Wallpaper replacement
- Repainting
- Flooring replacement
- Ceiling finish renewal
- Door replacement (no change in opening size)
These are generally classified as minor interior alterations, and in many jurisdictions:
If the work does not affect structural stability, evacuation, fire safety, or building services, the existing non-conforming portions usually do NOT need to be upgraded to meet current codes.
However, finish-only changes can still require attention in the following situations.
■ Cases Where Finish Replacement May Require Additional Review
● Changing finishes in a way that affects interior fire protection requirements
For example, changing a required quasi-noncombustible material to a combustible one.
● Ceiling finish changes that disturb fire-resistance or compartmentation lines
This may affect fire separation or sprinkler operation.
● Finish changes that result in equipment relocation
If lighting, HVAC, or ductwork must be moved, the work may no longer be considered a simple finish replacement.
■ Key Points to Verify Before Interior Renovation
To prevent issues during approval or construction, confirm the following:
- Does the planned work affect structure, evacuation, fire protection, or building services?
- Which aspects of the building are non-conforming under current codes?
- How does the local building authority and fire department interpret such work?
(Operational practices vary between jurisdictions.)
■ Summary
Existing non-conformity means:
“A building that was fully compliant when constructed, but no longer meets current codes due to subsequent revisions.”
- Change of use, expansion, or structural work → may require upgrades to current standards
- Finish-only renovation → often does not require upgrading existing non-conforming elements
(as long as the work does not affect safety-related systems)
Understanding how the planned renovation interacts with existing non-conforming conditions is essential for proper project planning.
■ Disclaimer
This article provides general information.
Actual requirements vary depending on building conditions and the policies of local authorities.
Always consult licensed professionals, building officials, and fire departments for project-specific decisions.
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