Consent (Severance)

A consent is required if you want to sell (sever) or mortgage a portion of your land or enter into an agreement/lease for a period of 21 years or more. There are also other circumstances in which a consent from the Committee of Adjustment is required; your lawyer can help you to determine if a consent is necessary. Sometimes another form of land division approval such as Subdivision or Part-lot Control By-law may be more appropriate.

The requirement for a severance helps to ensure that development occurs in a controlled and orderly way, and that proper servicing is in place to accommodate it.

How to apply

An application for a consent is made to the Committee of Adjustment. You will be required to complete an application form [ pdf ] for the parcel you wish to sever, and submit it with a draft reference plan indicating the property you own and the lot you intend to sever, along with the appropriate fee (see Fee Schedule). A covering letter explaining your request should also accompany the application form.

What happens next

Committee of Adjustment staff will circulate a Notice of your application to other City departments and other agencies, to the Ward Councillor and to property owners within 60 metres of the property to which the application applies. As well, you will be required to post a sign on your property advising of the Consent Application.

A Public hearing of the Committee will be held, at which time you will be able to make an oral presentation. The decision of the Committee of Adjustment is subject to a 20-day appeal period. An approval is subject to certain conditions which must be fulfilled within a 1 year time period.

Appeal

If a consent is refused or if you do not agree with the Committee's decision, an appeal to the Ontario Municipal Board may be filed within 20-days of the mailing of the decision. The appeal must set out the reasons for the appeal. There is also a fee for filing an appeal with the Ontario Municipal Board.

Other permits or approvals that may be required

Minor Variances - If property does not conform to the exact requirements of the zone.