The key to unlocking hidden value within your property may just lie in simply splitting it. That is where you consider land severance, the process by which you can divide one piece of land into two or more parts. This can be helpful for matters like selling unused land or building for the family. As each province has its own rules and the steps can feel complex, working with Burlington Real Estate Lawyers can help you avoid mistakes and move forward with ease. If you are thinking about land severance in Ontario, delve into this simple guide to help you get started.
Severing land can bring many gains. It allows property owners to unlock hidden value, sell off extra land, or make way for new buildings. You may use the new lot for yourself or sell it for income. The land severance benefits can be big, especially in busy areas where open space is rare.
That said, these gains also come with a serious duty to follow the full lot creation process from start to finish. It includes planning, paperwork, and approvals. There are many steps in the land severance process, and each must be handled correctly to avoid delays or denials.
Before you apply for land severance in Ontario, most cities ask for a pre-application meeting. This gives you a chance to ask questions and learn what rules pertain to your land, including what a land severance looks like in your area. You will meet with city staff to talk about lot size, access to roads, and services like water and sewer.
The goal is to spot problems early. You will also get a better sense of how likely it is that your request will be accepted. This first step often includes a look at land division policies and city bylaws. It helps to bring your planner or surveyor so all key details are covered from the start.
After your land severance forms are in, the city sends out public notices. These go to nearby owners, giving them a chance to raise any concerns. This step is key to keeping things fair for the whole area. The notice period often lasts 20 days.
During this time, you must post a sign on the land showing your plan to sever it. This is required under local zoning regulations, which ensure that people near you are informed. If concerns come in, staff may ask for more info or changes to the layout of the lot.
Once you are ready to go forward, you must fill out and submit the full land severance application. This includes detailed facts about your land, what you plan to do, and documents like surveys and maps. The fees vary based on where your land is and how many lots you want to create.
“You should also set money aside for extras linked to property splitting, such as reports, legal help, and tasks like adding a name to house title in Ontario if you are planning to update ownership details. Keeping your documents neat and clear will help avoid slowdowns or rejections.”
The rules for this whole process come from Ontario’s Planning Act. This law gives towns and cities the power to shape how land is used. As part of your plan, you may also need to pay development charges, which help fund roads, water systems, and more. These costs can be high, so make sure you ask about them early.
Next, city staff will write a formal report on your application. This report reviews your plans, public feedback, and expert advice. It is based on how well your idea fits the city’s growth goals. The staff will check your request against municipal planning rules and long-term area plans.
If the land severance plan triggers site plan control, this will be noted, and additional reviews may be needed. Needless to say, this report is key because it shapes the final choice. If your request meets the rules, the staff will suggest approval. They may ask for updates or suggest denial if your report does not comply with these rules. A solid report means your chances are much better at the next step.
The next step in the process of land severance is a public meeting run by a city board, like the Committee of Adjustment. You or your lawyer needs to speak about your plan and answer any questions, especially those related to common real estate disputes. Others from the area may also speak. This is where the final choice starts to take shape.
You will need to show how your plan fits local goals and why it is fair for others. The best way to be ready for any issues that come your way is with the help of a trusted law firm. It is important to know that your odds are strong when your plan meets land use planning rules and there are few complaints.
If your application is denied, you can file an appeal. This must be done within a short time—usually 20 days. The appeal goes to the Ontario Land Tribunal, where a full review takes place. You must bring solid facts and support to back your case. The appeal can take time and may cost more. This is why it is often best to solve issues early. Whether you are fighting a denial or facing one from someone else, make sure your severance application is complete and strong from the start.
Getting land severance in Ontario approved is a significant achievement, but that is not where the process ends—as the city will give you a list of conditions to meet. You need to clear these in order to register the new lot with the land registry office to make it official.
The terms you get will be specific to your property and must be completed before the severance becomes final and legally recognized.
Meet these, and you move forward with selling, building, or making changes. If changes are minor, a property boundary adjustment may be a quicker option than full severance.
Land severance can unlock great value when you are careful with the regulations that apply, plus every task that needs to be done. Every part of the process matters, from early planning to final sign-off. Small errors can lead to delays or even rejection.
This is why it is wise to work with a good team of experts, legal pros who understand the steps and local rules. At Estofa Law, our real estate lawyers take the time to understand your unique case, answer all questions, and make sure each step is completed with accuracy. Book a consultation today and let us help you move through the land severance process with clarity and peace of mind.
5500 North Service Road Suite 300-27, Burlington, ON L7L 6W6
Estofa Law is a real estate law firm dedicated to serving clients in Burlington, Oakville, Milton, Hamilton, and Toronto.
Copyright © 2025 | Estofa Law Professional Corporation | All Rights Reserved
