What is a subdivision?
When you divide a piece of land into two or more parcels and offer one or more for sale, you are subdividing property, and the provisions of the Planning Act come into play.
If your proposal involves creating only a lot or two, you may seek approval for a "land severance". For more details, see Land Severances, No. 5 in the series.
The other means of subdividing land is to obtain approval of a plan of subdivision from the approval authority. This could be the Minister of Municipal Affairs and Housing or a municipality. The authority to approve plans of subdivision can also be delegated to planning boards, municipal planning authorities, committees of council or appointed officers.
Subdivision approval ensures that:
- the land is suitable for its proposed new use
- the proposal conforms to the official plan and zoning in your community, as well as to provincial legislation and policies
- you, your neighbours and your community are protected from developments which are inappropriate or may put an undue strain on community facilities, services or finances.
Problems can result when large tracts of land are split into building lots without the benefit of a formal approval process. People have found out, usually too late, that the lots they have purchased are not on a registered plan. It may be that the water supply is unusable or the access road is not plowed or maintained. Other purchasers have found out that the ownership or title to their property is doubtful, making it difficult to sell.
Who is the approval authority for plans of subdivision?
The councils of some upper-tier, lower-tier and single-tier municipalities are the approval authorities for draft plans of subdivision. Upper-tier municipalities may further delegate the authority to approve plans of subdivision to their lower-tier municipalities. Municipalities may also delegate the authority to committees of council or appointed officers.
In all other areas, the Minister is the approval authority but may delegate the authority to approve plans of subdivision to municipalities, municipal planning authorities, or planning boards in northern Ontario.
To determine who approves plans of subdivision in your area, contact your municipal or planning board office.
What is a registered plan of subdivision?
A registered plan of subdivision is a legal document that shows:
- the exact surveyed boundaries and dimensions of lots on which houses or buildings are to be built
- the location, width and names of streets
- the sites of any schools or parks.
The plan does not show specific building locations; the rules for locating buildings are set out in the zoning by-law and shown on plans as part of site plan approval. (See Zoning By-Laws, No. 3 in the series.)
The plan of subdivision must be:
- surveyed by an Ontario land surveyor
- in general conformity with the municipal official plan and with any county, regional or district plan as well as provincial policies
- approved by the proper authority
- registered in the local land registry system.
A registered plan of subdivision creates new, separate parcels of land and can be legally used for the sale of lots. It should not be confused with "compiled plans" or "reference plans" which are used simply to describe parcels of land.
What is the process for subdividing?
If you are thinking about subdividing your property, discuss your proposal first with local Ministry, municipal, planning board or municipal planning area staff. They can tell you what information, including any special studies, you will need to provide and whether the local official plan and/or zoning by-law provide for your subdivision to be allowed or if further review as to its suitability is necessary.
Subdivision applications are made to the approval authority. This could be the Minister of Municipal Affairs and Housing, a municipality, a municipal planning authority or a planning board. You may be charged a fee for processing the application. To find out what the processing fee is in your area, contact the appropriate approval authority. Ministry, municipal, planning board or municipal planning area staff will tell you about the approval authority in your area.
As an applicant, you are required to fill out a subdivision application form provided by the approval authority.
A typical application form contains both the information identified by Minister's regulation as well as other information required by the municipality. The more information provided, the less likely delays will occur in the review.
The approval authority may refuse to accept an incomplete application. If an approval authority confirms that an application is incomplete and you, the applicant, disagree with the decision, you have 30 days to make a motion to the Ontario Municipal Board for a determination on the matter. The Board’s decision is final.
You should be aware that if you do not provide all the information identified by Minister's regulation and the municipality’s official plan, the approval authority may refuse to accept or consider your application. The 180-day time frame for making a decision also does not start. When all the identified and, if applicable, additional information is received, then the 180-day time frame begins. You are encouraged to contact the appropriate approval authority if you need help in assessing what information is required.
The approval authority, or in some cases the municipality in which the proposal is located, must give notice of the application and hold a public meeting before a decision is made. Notice of the public meeting is given at least 14 days in advance, either through local newspapers or by mail and posted notice. Anyone present at the meeting has a right to speak about the proposal.
The approval authority may consult with agencies, boards, authorities or commissions before making a decision.
How are applications for subdivision evaluated?
In considering a plan of subdivision, the approval authority evaluates the merits of the proposal against criteria such as:
- conformity with the official plan and compatibility with adjacent uses of land
- compliance with local zoning by-laws
- suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
- adequacy of vehicular access, water supply, sewage disposal
- the need to ensure protection from potential flooding.
In deciding on the application, the approval authority shall be consistent with the Provincial Policy Statement.
The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The “shall be consistent with” rule means that a council is obliged to ensure that the policies of the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. It is expected that the approval authority will implement the Provincial Policy Statement in the context of other planning objectives and local circumstances.
(See The Planning Act, No. 1 in the series, and the Provincial Policy Statement, 2005. Both may be obtained by visiting the Ministry website at: ontario.ca/mah or through the government offices listed at the end of this guide.)
What is a draft approval?
Having considered your application, the approval authority may either "draft approve" or refuse your subdivision proposal.
The approval authority must provide a written notice of its decision within 15 days of its decision to the applicant and each person or public body that requested to be notified. When a notice of decision is given, a 20-day appeal period follows.
If your application is draft approved, you will be advised of the conditions that need to be met to obtain final approval and registration. Conditions of draft approval may include: road widenings, the naming of streets, parkland requirements, rezoning of the area to reflect the new uses in the subdivision, and any other municipal requirements. In addition, the draft approval may also establish a time frame within which the conditions must be satisfied or the draft approval lapses.
In most cases, the developer may be required to sign a subdivision agreement with the municipality or planning board to ensure that certain services such as sidewalks and roads are provided after the plan has been registered.
Draft approval amounts to a commitment to go ahead with the subdivision, once all the conditions of draft approval have been met. Lots may be offered for sale after draft approval, but can be sold only after the plan of subdivision has been registered.
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