Introduction: Sometimes property owners want to split a parcel of land into two or more lots – for example, to sell part of their big backyard for a new house, or to divide farmland among family members. In Ontario, this land division (other than as part of a plan of subdivision) is done through a Land Severance approval, also known as a Consent. This blog will explain what a land severance is, when you need one, and the steps to get consent for creating new lots or adjusting property boundaries.
What is a Land Severance/Consent? A land severance is the authorized separation of a piece of land to form a new lot or parcel. In other words, it’s official permission to “sever” (cut) a property into smaller pieces. The term “Consent” comes from the legal requirement: under Section 50 of Ontario’s Planning Act, you need the consent of the local authority to convey (transfer) part of your land in most cases. This rule prevents uncontrolled land splits – it ensures that any division of land is reviewed to meet planning considerations.
Examples of situations requiring a consent application include:
– Creating a New Lot: You have one property and want to divide it into two (or more) separate lots to sell or develop independently. For instance, splitting a double-wide lot in a city into two single lots for two homes.
– Lot Addition (Boundary Adjustment): You aren’t creating a brand new lot, but you want to transfer part of one lot to an adjacent lot (effectively adjusting the boundary). This still needs a consent approval because a portion of land is being conveyed. Commonly, people do this to enlarge a neighbor’s property or correct an encroachment or a historical deed error.
– Rights-of-Way/Easements: Establishing a right-of-way (e.g. a shared driveway access) or a long-term lease over 21 years also can require consent. For example, granting an easement for a utility or a private laneway across your land to another lot typically goes through the consent process.
– Mortgages over Part of Land: If you want to mortgage a portion of your property (for more than 21 years), that too is treated similarly to a land division and thus needs consent, to prevent circumventing the subdivision rules.
Ontario’s Planning Act essentially stipulates that you can’t legally sell or subdivide any piece of land without getting approval (consent) first, unless it’s done through a formal Plan of Subdivision (for larger developments) or some specific exemption applies. Consents are generally intended for limited numbers of new lots (e.g. creating one or a few new lots). If you are creating many lots (usually more than 3 or so at once), the municipality will likely require a Plan of Subdivision instead (see Blog 6 for that process).
Who Approves Severance Applications? Typically, local Committees of Adjustment or Land Division Committees are empowered to grant consents. In many municipalities, the same Committee that deals with minor variances handles consents. In some regions, the upper-tier (County) is the approval authority – e.g. in Brockton, the County of Bruce is the one that gives final consent approval, with local input. It varies, but the process is similar: an application is made, and a committee or authority decides if the severance is appropriate.
Key Considerations: When reviewing a consent, planners and the committee consider things such as: – Conformity with Official Plan and Zoning: The new lot(s) must meet minimum lot size or frontage requirements in the zoning by-law or a minor variance may be needed concurrently. The creation of the lot should also align with the Official Plan’s intent (e.g. some OPs discourage lot creation in certain rural or environmental areas).
– Suitability of Land: Is the land suitable for its intended new use? For instance, can it support a house with proper sewage, water, access, etc.? If creating a new building lot, you may need to show it’s not swamp, steep slope, etc., and that a house can be safely built (sometimes a grading plan or environmental impact study is required if sensitive features exist).
– Access: The new lot must have appropriate road access. Creating a landlocked parcel with no public road frontage is usually not allowed unless an easement is provided. Municipalities often have rules on minimum frontage for new lots.
– Services: Especially in rural areas, can the lot be serviced (well, septic) without issues? In urban areas, can it connect to municipal water/sewer? The consent might be conditional on proof that services can be arranged.
– Impacts on Neighbors and Configuration: Will splitting the lot maintain the character of the area? For example, if most lots on the street are 50 feet wide, cutting one into two 25-feet lots might be deemed incompatible (or might require careful consideration). The committee also looks at things like ensuring the severance won’t create weird lot shapes or residual parcels that are unusable.
The Consent Application Process:
1. Preparation: As always, start with a chat with the local planning department. They’ll confirm if your idea is feasible (e.g., “Yes, your lot is twice the minimum size, so splitting in half could be supported,” or “No, your proposal is too dense for this area”). They’ll also identify any other approvals needed (such as minor variances if the new lot won’t meet all zoning requirements, or an rezoning if the use is changing).
2. Application Submission: You’ll need a detailed survey or sketch of the proposal – showing the existing lot and how it will be divided, the dimensions of the new lots, locations of any buildings, driveways, etc. There’s an application form and fee. You should include rationale for the severance, and any technical reports if needed (for instance, a lot grading plan or hydrogeological study for a rural severance). The application is submitted to the consent granting authority (could be the City, or the County/Region depending on jurisdiction).
3. Notice & Circulation: Similar to other planning applications, notice of your severance application is given to neighbors (usually those within 60 m) and relevant agencies. A public hearing date is set. Agencies like the local school board, utilities, health unit (for septic approvals) might get a circulation to comment. Neighbors can provide input if they support or object.
4. Decision Meeting: At the hearing (e.g. Committee of Adjustment meeting), the committee will review a staff report and hear any public comments. They will consider all the factors mentioned earlier. If the proposal meets planning criteria, the committee will vote to approve the consent, typically with conditions. If there are serious concerns, they might refuse it or defer for more info.
5. Common Conditions: It’s very normal for a consent approval to come with a list of conditions that must be fulfilled within a certain time (often 1 year) for the severance to be finalized. Typical conditions include: Payment of any applicable parkland dedication fee, Paying outstanding property taxes, Obtaining any required minor variances or zoning changes (if, say, the severed lot is a bit undersized, you might need a minor variance approved too), Survey and registration of new deeds (you’ll be required to submit a formal reference plan (survey) of the new lots), and often Road widening or service agreements if the municipality needs you to grant a bit of land for road expansion or enter into agreements for drainage, etc. Each condition must be satisfied. For example, if a condition is “obtain a zoning by-law amendment to permit the proposed use,” you must get that done – otherwise the consent doesn’t finalize.
6. Finalization (Certificate of Consent): Once you’ve met all conditions, the planning authority issues a Certificate of Official (or Consent) which allows you to legally register the new lot. Your lawyer will then register the deed of the new parcel. At that point, the land division is complete and you can sell or separately deal with the newly created lot.
Appeals: Just like other decisions, if someone disagrees with the consent decision (either approval or refusal), they can appeal to the Ontario Land Tribunal within 20 days of the notice of decision. During the appeal period, you cannot finalize the severance. If no appeals after 20 days, you can proceed to fulfill conditions.
Timeline: Consent applications are often quicker than rezonings. Many municipalities process them in roughly 1 to 3 months from submission to decision (assuming no major issues). After decision, you have typically one year to fulfill conditions. The Brockton example notes about 30 days for the consent process itself (which might refer to the decision timeline). Realistically, give yourself a few months to get everything done (especially if a survey and other conditions are needed post-approval).
Tips for a Smooth Severance:
– Do Your Homework: Verify your property’s “severability.” Check zoning requirements for lot size/frontage and see if your idea meets them. If not, you know a minor variance will be needed too – better to apply for those at the same time to avoid delays. Also, if you’re on well and septic, talk to the local health or building department about requirements for new installations. Ensuring the new lots can have viable septic systems, for instance, is critical in rural severances.
– Consider Future Use: When creating a new lot, envision the house or structure that could go there. Position the severance line so that both the severed and retained lots remain practical. For instance, don’t cut off an existing house from its driveway or garage – ensure each lot has appropriate access. If you plan to build on the new lot, have at least a conceptual idea of where the house, driveway, etc., would go; this can help in discussions to prove the lot is buildable.
– Neighbor Relations: Splitting a lot can sometimes worry neighbors (they might fear overdevelopment or changes to the area). It’s often helpful to talk to adjacent owners beforehand, especially if you need any mutual arrangements like easements. Sometimes neighbors might oppose if they feel a new lot will cause issues (e.g. more traffic on a shared lane). Addressing concerns (like agreeing on fencing or orientation of a new house) can preempt objections.
– Fulfill Conditions Promptly: Once you get that coveted provisional consent approval with conditions, don’t delay in clearing them. Hiring an Ontario Land Surveyor to do the reference plan is usually the first step. Also pay attention to any time-sensitive conditions (some municipalities require conditions to be fulfilled within 1 year, or the consent lapses). If you need a minor variance as a condition, apply for it immediately after the consent approval to stay on track.
– Professional Guidance: While smaller severances are often pursued by owners themselves, don’t hesitate to hire a planning consultant or planning lawyer for complicated cases. They can present a strong argument if the severance is contentious. Also, if you’re dealing with multiple severances or unique servicing issues, professional advice is invaluable.
Conclusion: Land severances are a key tool for modest land division and infill development in Ontario. They allow for gentle intensification – turning one lot into two – or logical adjustments of property boundaries. By following the proper consent process and meeting the criteria set out by planning authorities, property owners can successfully navigate land severances. This opens opportunities, whether it’s realizing extra value from a large property or shaping the land to better fit personal or community needs, all while ensuring that planning principles and local policies are respected.