Land Division

In Ontario, land is generally divided utilizing the following two processes:

Consent to Sever

Where the extension of a public road, water or sewer main is not required, land may be divided through the Consent to Sever process provided that a Plan of Subdivision is not necessary for the proper and orderly development of the area. The Consent to Sever process is handled by the Committee of Adjustment.

Plans of Subdivision

Where the extension of a public road, water or sewer main is required, or the number of lots proposed is such that the proper orderly development of the area necessitates a more comprehensive review than that of the Consent to Sever process, lands must be divided through a Plan of Subdivision.

When assessing a plan of subdivision application, the Municipality shall be satisfied that:
  1. The proposed development is not premature, and is located within the Urban Settlement Area.
  2. The land is divided in an efficient manner, and that landlocked parcels are not created.
  3. The proposed subdivision is integrated with the surrounding area.
  4. The proposed infrastructure is designed to meet or exceed Municipal standards.
  5. The subdivision shall not have a negative impact on the drainage patterns of the area.
  6. The subdivision will not impact the groundwater quality and quantity of the area.
  7. The proposed development will not have a negative impact upon the features and functions of any significant natural features and areas or any constraints or hazards.
  8. The proposed lots are of a size appropriate for their intended use and are in conformity with the policies contained within the Official Plan and Zoning By-law.
Subdivision Application Form

Condominium Act Approvals

Generally, a condominium is a development where separate units are owned by individuals, but common elements or areas of common use, such as the grounds, structure, mechanical components and amenity areas are jointly owned by those owning individual units. Condominium developments can be of a residential, commercial or industrial nature, and may include a variety of building forms or combinations.

The approval of new condominium developments generally (but not always) occurs through the Plan of Subdivision process (outlined above). Once Draft approval has been granted, The Condominium Act is utilized to register common elements that are part of the condominium development.

Where existing building(s) are to be converted to condominiums, the proponent may request Council’s permission to exempt the condominium application from the Plan of Subdivision process outlined under Section 51 of the Planning Act. Such permission must be requested in writing, prior to applying for any Condominium Act approvals. Such exemptions do not include exemption from any rezoning, official plan, or committee of adjustment applications that may result as part of the application.

Where existing buildings are to be converted, the proponent shall also notify existing tenants of City Council’s meeting to consider a proposal under the Condominium Act.

Where an existing building is to be converted to a condominium, the Municipality shall be satisfied that:
  1. The proposed use conforms to this Plan as well as the City's Zoning By-law, as amended.
  2. The building is structurally sound, which will require a structural report prepared by a qualified professional.
  3. Aspects of the existing building(s) that are to become common elements are of sound working order, including but not limited to mechanical components such as heating, cooling, plumbing and electrical systems. This will require various reports identifying all common elements and outlining any repairs or replacements that may be required in the foreseeable future, as well as projected costs. Such reports must be prepared by a professional who is qualified to assess the respective common elements.
  4. There is an appropriate reserve fund, based upon an assessment of projected repair or replacement costs associated with all common elements, to ensure that the resulting Condominium Corporation is not encumbered by any reasonably foreseeable repair or replacement costs associated with any common element. Such an assessment must be completed by a qualified professional.
  5. Where deficiencies are identified, they must be remediated to the satisfaction of the Municipality prior to final approval.

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