A Draft Plan of Subdivision is a detailed proposal that shows how a piece of land will be divided and developed. It includes plans for lots, streets, parks, and public spaces. The city reviews and approves the draft to make sure the development is safe, organized, and meets the community's needs.
Condominiums (or "condos") come in different types, and the differences are mainly about what parts of the property you own individually and what parts are shared with others. A Plan of Condominium is processed similarly to a Plan of Subdivision.
What is subdivision control?
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.
When is a plan of condominium needed?
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.
When is a draft plan of subdivision needed?
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.
How to apply for a draft plan of subdivision or condominium
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 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.
- All required fees:
How to post public notice signs about your application
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.
Application - process and timelines
Draft Plan of Subdivision or Condominium Application
Time to Process (to decision): 120 Days
| Step | City's Role | Applicants Role | Target Timeline |
|---|
| Pre-Consultation | City Staff, any required agencies and an applicant will review a preliminary development proposal, discuss the nature of the proposal, any development and planning issues, the need for additional information, and the planning approvals process. The City will provide the applicant a pre-consultation form/checklist identifying what approvals, studies, information, materials, and fees are required to proceed with a formal application. | Applicant completes pre-consultation process | 3 weeks |
|---|
| Application Submission | -- | Applicant submits:- formal application
- studies and draft plan
| -- |
|---|
| Reviews files (i.e., names, unlocked status) | -- | 2 days |
| -- | Applicant pays required fees | 1 day |
| Planner assigned to file | -- | 1 day |
| Review for Completeness | Planner reviews material and issues notice of complete/incomplete application. | -- | 1 week |
|---|
| Circulation (When Complete) | Planner circulates to internal departments and external agencies. Comments and draft plan conditions are consolidated and provided to Applicant. | -- | 2 weeks |
|---|
| Open House | Held to inform and receive comments from area residents. | Applicant or their agent attends to present and answer questions. | Occurs 2 weeks after notice is given to residents. |
|---|
| Public Meeting | Held to inform and receive comments from area residents and Council. | Applicant or their agent attends to present and answer questions. | Occurs 30 days after notice is given in accordance with Council's schedule. |
|---|
| The recommendation report with draft plan conditions is on Council's agenda. Council will make a decision on the application. | -- | -- |
| Final Approval | Notice of Decision given by Planner. | -- | 1 Week |
|---|
| If no appeals, Declaration Notice given by Planner and Draft Plan signed by Mayor. | -- | 20 days after Notice of Decision. |
Final approval - process and timelines
Draft Plan of Subdivision Application
Time to Process: Varies (Draft Plan Approval: 3 Years)
| Step | City's Role | Applicants Role | Target Timeline |
|---|
| Clearance of Conditions | -- | Submits 1st engineering submission to the City's Municipal Works department. | -- |
|---|
City's Municipal Works department reviews and provides comments. Municipal Works circulates 1st engineering submission to Niagara Region. | Applicant resubmits until Municipal Works accepts plans. Once engineering plans accepted, Applicant provides cost estimates and Environmental Compliance Approval Form (if municipal services extended) to Municipal Works. | Municipal Works provides comments within 2 weeks. |
| -- | Submits material to Planner:- condition clearance chart
- draft 59M and 59R plans
- clearance letters from agencies who imposed draft plan conditions
- studies
| -- |
| Planner circulates material to internal departments and Niagara Region (NPCA if applicable). | -- | 2 weeks |
| Planner notifies Applicant status of draft plan conditions. | -- | -- |
| Planner circulates material to internal departments and/or Niagara Region that have outstanding conditions and provides comments. | Applicant submits any outstanding items and/or clearance letters to Planner. | 2 weeks |
| Pre-servicing | -- | May request Pre-servicing approval from Municipal Works. Environmental Compliance Approval required. | -- |
|---|
| Municipal Works issues Pre-servicing/Road Occupancy Permits. | -- | 2 weeks |
| -- | Coordinates with Municipal Works for inspection, material testing, and site meetings. | -- |
| Final Approval | Municipal Works prepares draft Subdivision Agreement and provides to Planner. | -- | 2 weeks |
|---|
| Planner circulates to internal departments and agencies for review. | -- | 1 week |
| Once conditions are cleared, Planner notifies Legal Services. | -- | 1 day |
| Legal Services sends draft agreement to Applicant. | Applicant notifies Legal Services of any revisions necessary. | 1 day |
| Legal Services sends final agreement to Applicant's Lawyer for execution and outlines deliverables required. | -- | 1 day |
| -- | Applicant provides required material to Legal Services (i.e., securities, cash owing, PIN details, Solicitor’s Certificate, Certificate of Insurance, and draft legal documents. | -- |
| Planner has Mayor sign Subdivision Plans and prepares Land Registry Office letter. | -- | 1 day |
| Registration | -- | Provides 2 copies of executed Subdivision Agreement and required documents to Legal Services. | -- |
|---|
Legal Services:- Provides Municipal Works with security, cash payments, and insurance documents.
- Confirms with Planning that Plans may be deposited at the Registry Office.
- Initiates registration of Subdivision Agreement and Inhibiting Orders, if required.
| -- | 1 week |
| Planner notifies Applicant Plans may be picked up and deposited at Registry Office. | Applicant completes Land Registry process. | 1 day |
| Building Permit | Once satisfied with completion of Class 1 works, Municipal Works provides Building Permit Issuance Memo, plans, and reports to CBO. | -- | -- |
|---|
| Release of Security | -- | Coordinates with Municipal Works for inspections, tests, provision of as-constructed plans, and certification of Class 2 works. | -- |
|---|
| Release of Securities by Municipal Works in accordance with the Subdivision Agreement. | -- | 2 weeks |
Frequently Asked Questions
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.
