How to sever a lot in Ontario
A severance turns one lot into two or more. Here is how the process runs in Ontario, and where most applications go wrong.
What a severance is
In Ontario, splitting one parcel of land into two or more is called a consent, usually known as a severance. It is granted under the Planning Act. Once the consent is granted and its conditions are cleared, each new lot can be sold, mortgaged and built on separately.
Who decides
Depending on the municipality, consent applications are decided by the local Committee of Adjustment or by a regional land division committee. Your municipality's planning department will tell you which applies to your address. Decisions can be appealed to the Ontario Land Tribunal.
The steps
- Zoning and official plan check. Each new lot has to meet the minimum frontage, depth and area in the zoning by-law, or be close enough that a minor variance is reasonable. This is the first thing we test.
- Pre-consultation with the city. Most municipalities ask for a pre-consultation meeting. Planners say what studies they will need, such as a survey, a tree inventory, a servicing review or a noise study.
- The application. A severance sketch or site plan, the application form, the fee and the required studies. Neighbours within the notice area are told about the hearing.
- The hearing. The committee hears the application, comments from the city and agencies, and any neighbour objections, then grants it with conditions or refuses it.
- Clearing the conditions. Typical conditions include a reference plan, parkland or development charges, servicing agreements and road widenings. The consent lapses if they are not cleared in time.
- New deeds. Once the conditions are cleared, the certificate is issued and the new lots are registered.
What makes an application succeed
- Lots that meet or nearly meet the zoning, so the committee is not asked to stretch.
- Homes that fit the street: setbacks, height and massing in line with the neighbours.
- Servicing confirmed early. Water, sewer and storm capacity can stop a severance late.
- A fallback. On one Oshawa application, we proposed three lots with a fallback of two larger homes if three were not approved.
How long it takes
It depends on the municipality, the studies and whether anyone appeals. Plan in months, not weeks. In one of our own project schedules, pre-consultation and planning together were planned at well over a year before the building permit stage.
Where ADB fits
ADB runs the whole line: the zoning check, the pre-consultation, the plan and the application, the hearing, the conditions, then the permit, tender and build. One fixed fee of 10% of the proposed construction cost covers the three stages. See how it works.
General information, not legal or planning advice for a specific property. Rules differ by municipality.