LandlordEzy

AGI for capital expenditure — what gets approved and what doesn't in 2026?

by LandlordEzy Team · · 1 views 🆘 Paralegal review
Common question: landlord did major work (new roof, elevator overhaul, parking lot resurfacing). Wants to apply for an Above Guideline Increase.

What are the LTB approval rates looking like in 2026, and which capex categories actually pass?

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OLH Property Management 📌 Pinned ·
AGI approval has gotten harder. The LTB now scrutinizes three things:

1. **Useful life and necessity.** The work must be reasonably required AND not the result of inadequate maintenance. Replacing a roof at end-of-life: approved. Replacing it because you didn't maintain it: denied.
2. **Itemized invoices.** Lump-sum contractor bills get rejected. You need line-item invoices showing labor and materials separately.
3. **No double-recovery.** Work that was already covered by an insurance claim, warranty, or government grant cannot be counted in the AGI calculation.

What typically gets approved:
- Structural work (roof, foundation, exterior walls)
- Elevator overhauls
- Major mechanical (boiler, central AC for the building)
- Underground parking repairs
- Window replacements (R-value improvement)

What typically gets denied or reduced:
- Cosmetic upgrades (lobby paint, hallway carpet)
- Work that should have been maintenance
- Anything where you can't show the prior asset's age

Approval rate trend: the LTB approved ~60-65% of AGI applications in 2024, down from ~80% in 2020. Tenant intervenor groups are well-organized at AGI hearings — expect a contested hearing.

The increase is capped: maximum 3% above the annual guideline per year, spread over up to 3 years for very large applications.

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