Subdivisions

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 located;

• the location, width and names of streets;

• the sites of any schools or parks.

The plan may show building and septic envelope locations; the rules for locating buildings are set out in the Zoning By-Law.

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.

When all conditions of the draft approval have been met, final approval is given and the plan of subdivision is registered in the provincial land titles or registry system. The developer may then go ahead with the sale of lots in the subdivision.

You should be aware that considerable time may pass between draft approval and actual registration of the plan. However, the approval authority has the power to provide that draft approval will lapse after three years. It also has the power to give a further extension of draft approval.

Although many services for new subdivisions are not provided until well after registration, most municipalities insist that they be in place before occupants move into their new home. The applicant may be required to sign a detailed subdivision agreement, which is registered on the title of the property and legally binds future owners to its conditions.

Yes. Condominiums are a form of property ownership in which title to a unit, such as an individual apartment in a high-rise building, is held by an individual together with a share of the rest of the property, which is common to all of the owners.

Condominiums can involve a brand new development, or an existing rental project which is converted to condominium ownership. They can apply to any type of residential building as well as commercial and industrial areas.

A condominium plan is like a plan of subdivision in that it is a way of dividing property. Similarly, plans of condominium must be approved, or in some cases granted an exemption from approval, by an approval authority.

Some applications for approval of condominium descriptions are not subject to the requirements of giving notice of application and holding a public meeting. Vacant land or common elements condominium are subject to notification requirements. Regardless of the type of condominium proposed, the approval authority is still required to give a notice of a decision to approve a condominium description. The 20-day appeal period following the notice of decision applies.

In July 2000, approval authority for plans of subdivision and condominium, as well as condominium exemptions and part-lot control by-laws were delegated to Lanark County. In turn, County Council has delegated approval authority for part-lot control by-laws to the Chief Administrative Officer.

Before you apply for a subdivision, consult the Township Planner for necessary supporting materials, to determine if there are any specialized requirements set out in the Official Plan, and if other permits and approvals are required. There will be an applicable fee for the review of your application.