Severing a lot and getting approvals in Toronto
Splitting a lot or asking for a variance means an application to the Committee of Adjustment. These guides explain the legal tests and what happens at the hearing.
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Common questions
What's the difference between a lot severance and a plan of subdivision in Ontario?
A severance is a consent under Planning Act s.53, used to divide one or a few lots without new public infrastructure. A plan of subdivision under s.51 is required when a full new subdivision, meaning new streets and multiple lots, is needed. In Toronto, consents are decided by the Committee of Adjustment.
From: Lot Severance in Toronto: What It Takes to Split a Property Legally
What's the difference between a minor variance and a consent at Toronto's Committee of Adjustment?
A minor variance asks for relief from a specific Zoning Bylaw rule, like height or setbacks, on an existing lot. A consent is required to sever land into new lots, add land to a neighbouring property, or create certain easements and long-term leases; both the severed and retained lots must still conform to the Zoning Bylaw.
From: What Actually Happens at a Toronto Committee of Adjustment Hearing
Where do I appeal if my Toronto lot severance application is refused?
Within Toronto, refusals of a Committee of Adjustment consent decision are appealed to the Toronto Local Appeal Body (TLAB), a tribunal set up under Toronto Municipal Code Chapter 142, not to the Ontario Land Tribunal (OLT) that hears these appeals elsewhere in Ontario.
From: Lot Severance in Toronto: What It Takes to Split a Property Legally
Does a Committee of Adjustment decision in Toronto go to the Ontario Land Tribunal?
No. Toronto runs its own Toronto Local Appeal Body (TLAB), which assumed the Ontario Municipal Board's authority over these appeals on May 3, 2017; the OLT is the OMB's successor and does not hear them for Toronto.
From: What Actually Happens at a Toronto Committee of Adjustment Hearing
How long do I have to appeal a Committee of Adjustment decision in Toronto?
20 days, under Planning Act s.53(19), for consent decisions. The 20 days run from when the City gives notice of the decision, not necessarily from the hearing date.
From: Lot Severance in Toronto: What It Takes to Split a Property Legally
How long do I have to appeal a Committee of Adjustment decision in Toronto?
20 days. For a minor variance, the clock starts on the decision date at the hearing; for a consent, it starts the day the formal Notice of Decision is mailed.
From: What Actually Happens at a Toronto Committee of Adjustment Hearing
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