Draft Plan of Subdivisions and Condominiums

Subdivision Control helps regulate how land is divided to ensure thoughtful and safe development. It follows rules in Section 50(3) of the Planning Act to protect health, safety, convenience, and accessibility while considering the needs of current and future residents.

When dividing land, one method is through a Plan of Subdivision.

What is a Plan of Subdivision?

A Plan of Subdivision is a detailed legal survey that shows:

• The exact size and boundaries of new lots or blocks for homes or buildings
• The location and width of public streets
• The location of schools, parks, and public facilities

How does it work?

To create a Plan of Subdivision, landowners must first apply for a Draft Plan of Subdivision. This draft must be reviewed and approved by City Council.

The approval process ensures the development is well-organized and considers:

• Necessary infrastructure and public services like roads and utilities
• Recreational facilities for the community
• The impact on nearby neighbourhoods

A Plan of Condominium is required when a property is being divided into individual ownership units and shared common areas (Vacant Land Condominium, Common Element, Standard and Parcels of Tied Land) under the Condominium Act. This plan is needed to legally establish the condo corporation and define ownership rights.

You need to apply for a Draft Plan of Subdivision if you plan to divide your land into more than two new lots.

In some situations, Consent might be a better option, such as:

• The subject lands front onto an existing and open public road that is constructed to municipal standards
• The development is considered infilling
• The proponent pays all fees generally related to the requirements of a Plan of Subdivision

Contact a City Planner to confirm which approvals you need to subdivide your land. 

Step 1: Pre-consultation

It is recommended that you attend a pre-consultation meeting before applying. Visit the pre-consultation webpage or contact a City Planner for details.

Step 2: Submit your application

Apply online through your City Dashboard Account and include:

• Completed application form (available through your dashboard account)
• A valid pre-consultation form or checklist
• Signed draft plan of subdivision, in metric and prepared by an Ontario Land Surveyor
• The property deed
• Photo evidence of subdivision sign posted on the subject property in accordance with the City’s Public Notice Sign Policy (see the application form for more information)
• Supporting studies, plans, information, and materials listed in the pre-consultation checklist
• Consult the City’s Development Guides
• Follow the file format and naming guide
• All required fees:
• City of Niagara Falls – Check the Schedule of Fees
• Niagara Region (if applicable)
• Niagara Peninsula Conservation Authority (if applicable)

Draft plan of subdivision

Information to be shown on plans

Section 51(17) of the Planning Act requires that plans show the following information, as appropriate:

Draft approval certificate

Include the Draft Approval Certificate on each plan submitted at the time of application:

Draft plan of condominium

Information to be shown on plans

Section 51(17) of the Planning Act requires that plans show the following information, as appropriate:

Draft approval certificate

Include the Draft Approval Certificate on each plan submitted at the time of application:

• Location and number of units to be sold, on a floor-by-floor basis
• All common elements (i.e., corridors, lobbies, elevators, etc.)
• Location and number of parking spaces, if they are to be sold separately
• Location and amount of landscaped open space and common recreation space

Ownership information and O.L.S. signature

• Name of registered owner, signature and date signed
• Name of Ontario Land Surveyor, signature and date signed

Legal description and property details

• Legal address of the property
• Boundaries of the land proposed to be subdivided, certified by an Ontario Land Surveyor
• Locations, widths and names of the proposed highways within the proposed subdivision and of existing highways on which the proposed subdivision abuts

Purpose and use of the lots and adjoining lands

• The purpose for which the proposed lots are to be used
• Existing uses of all adjoining lands
• Approximate dimensions and layout of proposed lots
• Natural and artificial features, including municipal appurtenances, such as buildings or other structures or installations, railways, highways, watercourses, drainage ditches, wetlands and wooded areas within or adjacent to the land proposed to be subdivided
• Availability and nature of domestic water supplies
• Nature and porosity of the soil
• Existing contours or elevations as may be required to determine the grade of the highways and the drainage of the land proposed to be subdivided

Servicing information

• Show the municipal services that are available or will be available for the land that is proposed to be subdivided
• Explain any restrictions on the land, such as restrictive covenants or easements

Key plan

Use a small key plan at a scale of at least 1 centimetre to 100 meters to show:

• All land next to the proposed subdivision that the applicant owns or has an interest in
• Every subdivision bordering the proposed subdivision
• How the boundaries of the proposed subdivision connect to the boundaries of the township lot or other original grant of which the land forms the whole or part

Final approval certificate

Include the Final Approval Certificate on each plan submitted for registration:

It is the responsibility of the applicant to post a Public Notice Sign(s) about the Draft Plan of Subdivision or Condominium being proposed. The sign must be installed following the City’s Public Notice Sign Policy, the Planning Act and any other City standards.

How long do I have to meet the conditions for Draft Plan Approval?  

You have 3 years to meet the conditions of your Draft Plan Approval. If you don’t get Final Subdivision Approval within that time, the Draft Plan Approval will expire under Section 51(32) of the Planning Act. Before it lapses, you can request an extension under Section 51(33) of the Planning Act. Talk to a City Planner to learn about the submission process and fees.

Can I modify my approved Draft Plan of Subdivision?

Yes. You will need to meet with the City and required agencies to discuss the changes. During this pre-consultation, you’ll learn about the studies, plans, information, materials, and fees needed for your application. After that, your request will generally follow the standard Draft Plan of Subdivision process.