Published 29 September 2026 · By Jatin Dua, Broker of Record, RE/MAX Quantum Realty
A day spa’s space must satisfy zoning, the Building Code and O. Reg. 136/18. Toronto’s Zoning By-law 569-2013 defines a personal service shop as premises for personal grooming services, and a change of use needs a building permit even with no construction. Under O. Reg. 136/18 the setting needs smooth, impermeable, easily cleanable surfaces, hot and cold running water, a sink used only for hand washing, and, where reusable equipment is used, a separate reprocessing sink that is not in a washroom and is big enough for the largest item. It cannot be used as a dwelling. Sterilizers must be tested at least every two weeks. Public health needs 14 days’ written notice before opening and before most renovations. Toronto also licenses each class of service.
Zoning: a personal service shop
Toronto’s Zoning By-law 569-2013 defines a personal service shop as “premises used to provide personal grooming services or for the cleaning or care of apparel.” A day spa offering facials, waxing and nail services fits that description. Massage therapy by registered professionals is a separate defined use, and a body rub service is another. If your spa plans massage, check each use your menu touches.
The City says that if a change of use is proposed, a building permit is required even with no construction, and that zoning must be complied with even where no permit is needed. For a Toronto licence, zoning approval is not required if you are taking over an existing business with a valid licence, or one that expired less than three years ago. Outside Toronto, check the local by-law.
Building Code: beauty parlours are personal services
The Ontario Association of Architects’ occupancy guide, based on the Building Code, lists beauty parlours and barber and hairdressing shops in the business and personal services group, with shops in mercantile. Converting a store to a spa is usually a change of occupancy, with drawings, a permit and a review of exits, washrooms, fire separations and barrier-free access. The 2024 Building Code has been in force since 1 January 2025.
What O. Reg. 136/18 requires of the space
Section 8 of the personal service settings regulation sets the minimums:
- no conditions that may be a health hazard;
- floors, walls, ceilings, fixtures and furniture in good repair, smooth, impermeable and easily cleanable;
- not a room or part of a room used as a dwelling, including for eating or preparing food;
- potable hot and cold running water under pressure;
- at least one sink used only for hand washing, conveniently located and always accessible, with soap in a dispenser and single-use towels or a hot-air dryer nearby;
- enough lighting and ventilation for sanitary operation;
- waste receptacles, including for biomedical and laundry waste where needed;
- work surfaces that can be readily cleaned and disinfected or sterilized;
- adequate storage.
If you use reusable equipment, you also need a second sink, not the hand sink, that can immerse the largest reusable item, has counter space, is not in a room with a toilet, and is far enough from service areas to prevent contamination. Section 9 keeps animals out, service animals excepted.
Toronto’s own minimums
Toronto’s licensing code adds infection prevention and control rules for personal services settings: premises, fixtures and furniture kept in good repair and sanitary; well-lit work areas; every table, mat or surface a client lies or sits on with a smooth, impervious top; and a sink with hot and cold water. The most recent inspection notice must be posted near the entrance. A licence needs an endorsement for each class of service, and the City and the medical officer of health need 30 days’ written notice before you change the classes offered.
If you are buying an existing spa rather than fitting out a new one, read buying a day spa in Ontario for the licence and inspection history.
Equipment, sterilizers and records space
Under O. Reg. 136/18, s. 10, equipment is maintained to the manufacturer’s instructions, kept at the setting; sterilizers must meet Health Canada and CSA standards and be checked at least every two weeks unless public health directs otherwise; sharps are single-use and go into CSA-compliant containers near the service area. Disinfectants need a Health Canada DIN or NPN, bleach excepted. Records of sterilization, disinfection, invasive procedures and exposures stay on site for a year and are kept two more; Toronto’s code requires five years for its listed records. Plan a reprocessing area and a place to keep those records.
Notices before you open or renovate
O. Reg. 136/18, s. 3, requires written notice to the medical officer of health at least 14 days before opening, at least 14 days before adding services, and at least 14 days before a renovation if you close during it; if you stay open, notice must come before the work starts. In Toronto the notice goes to BodySafe. In Peel, the region asks for floor plans with the opening notice and before construction. Build those dates into the lease’s fixturing period.
Lease terms for a day spa
- Use clause. List every service class you plan: aesthetics, manicure and pedicure, and any massage by registered therapists.
- Plumbing. Consent and capacity for hand-washing and reprocessing sinks, pedicure stations and laundry.
- Ventilation. Nail products and waxing need good air; confirm the HVAC can be upgraded and who pays.
- Fixturing period. Long enough for permits and the 14-day public health notice.
- Assignment. Conditions if you later sell, remembering the buyer will need its own Toronto licence.
- Accessibility. The AODA applies to every business; the public spaces standard applies to renovated areas such as service counters, and a compliance report is due by 31 December 2026 at 20 or more employees.
For a spa with medical services, see medical spa premises in Ontario; for massage-led spaces, massage therapy clinic space; for another regulated storefront, cannabis retail store premises.
Where I fit
I find and negotiate retail and service space across Toronto and the GTA, and I check the zoning, plumbing and ventilation before a spa owner signs. The salon and spa business value estimator below gives a rough range for a beauty-services business. When you have a unit in view, book a call or phone 833-330-1925.
Free tool — AI hair salon value estimator
Frequently asked questions
What sinks does a spa need in Ontario?
Under O. Reg. 136/18, a sink used only for hand washing near the work area, and, if you use reusable equipment, a separate reprocessing sink big enough for the largest item, with counter space, not in a washroom and separated from service areas.
Can I run a spa out of my home in Ontario?
O. Reg. 136/18 says the setting cannot be a room or part of a room used as a dwelling, including for eating or preparing food, and where services are in part of a dwelling the rules apply to the rooms used for services. Zoning and municipal licensing also apply, so check with your municipality.
Do I need to tell public health before renovating a spa?
Yes. O. Reg. 136/18 requires written notice at least 14 days before a renovation if you close during it, and notice before starting if you stay open. Routine maintenance and replacing existing equipment do not count as renovation. In Peel, submit plans too.
How often must a spa test its sterilizer in Ontario?
At least once every two weeks, unless the medical officer of health or a public health inspector directs otherwise, and records of the checks must be kept. Sterilizers must also meet Health Canada and CSA standards.
Is a day spa a personal service shop under Toronto zoning?
Toronto’s by-law defines a personal service shop as premises for personal grooming services, which covers facials, waxing and nails. Massage therapy and body rub services are separate uses, so check each service on your menu against the property’s zone. Zoning approval is not needed for a licence when taking over a licensed spa.
Sources
- City of Toronto — Zoning By-law 569-2013, Chapter 800 definitions — personal service shop, massage therapy, wellness centre, body rub service
- City of Toronto — When do I need a building permit — change of use needs a permit even with no construction
- Ontario Association of Architects — Guide to occupancies — business and personal services examples
- Government of Ontario — Ontario’s Building Code — 2024 Building Code in force 1 January 2025
- O. Reg. 136/18 (Personal Service Settings) — e-Laws — notice, setting, equipment and records rules
- City of Toronto — Municipal Code Chapter 545, Licensing — licences not transferable; personal services settings; body-rub and holistic definitions
- City of Toronto — Personal services setting licence — $450.91 new, $296.45 renewal
- Toronto Public Health — About BodySafe — inspections and 14-day notice
- Region of Peel — Personal service businesses — 14-day notice and floor plans
- Government of Ontario — Accessibility rules for businesses and non-profits — requirements by number of employees; compliance report due 31 December 2026
Related reading
- Buying a day spa in Ontario
- Medical spa premises in Ontario
- Massage therapy clinic space in Ontario
- Cannabis retail store premises in Ontario
- Child care centre premises in Ontario
- AI salon business value estimator
- Book a call with Jatin
About the author — Jatin Dua, Toronto and GTA real estate broker
I am Jatin Dua, Broker of Record and co-founder of RE/MAX Quantum Realty Inc., Brokerage, Unit 101, 799 The Queensway, Toronto. I work with buyers and sellers across Toronto and the GTA and have helped more than 100 families sell. Four-plus years of active GTA transactions and over $100 million in sales volume. Every figure here comes from a published table, regulator or statute linked in the sources, so you can check all of it without asking me.
Reach me at connect@jatindua.com or 833-330-1925, or book a call.