Home / How to Sever Land
Severing land means dividing one parcel into two or more. In Ontario that requires a consent under Section 53 of the Planning Act. Here is how the process works and what determines whether it succeeds.
Severing land, formally called a consent, is the process of dividing an existing parcel so that a portion can be sold, mortgaged, or conveyed separately. It is how one lot becomes two.
You cannot simply divide a property on your own. Under Section 53 of the Planning Act, dividing land requires the consent of the approval authority, usually a Committee of Adjustment or a land division committee, depending on the municipality. Creating several lots and new roads goes through a Plan of Subdivision instead.
The path is consistent across most municipalities. A survey and a sketch showing the proposed severed and retained parcels are prepared, and the application is submitted with the required fee. The municipality reviews it for completeness and circulates it to internal departments and agencies for comment.
Notice is given to neighbours and the application is scheduled for a hearing. At the hearing the applicant or their planner presents the case, staff and the public may comment, and the committee makes its decision.
A consent is almost never granted outright. It comes with conditions that must be satisfied within a set period, commonly a year, before the consent is finalized and the new parcel can be conveyed.
The central question is whether both the severed and the retained parcels will be appropriate: whether each has adequate frontage, area, and shape for its intended use, whether each can be serviced, and whether each conforms to the zoning by-law and the Official Plan.
A common reason severances fail is that one or both resulting lots would not comply with the zoning, most often on lot frontage or lot area. Where that happens, the severance may need to be paired with a minor variance, and the two applications are usually heard together.
Typical conditions include paying cash-in-lieu of parkland, providing servicing or easements, satisfying grading and drainage requirements, and submitting a reference plan. Some conditions require work; others require documentation.
Once all conditions are satisfied, the approval authority issues a certificate. Only then can the new parcel be legally conveyed. Missing the deadline means the consent lapses and the application has to start again, which is the most common avoidable setback in the process.
See the full pricing schedule or the Consent (Severance) page.
Related guides: Minor variance vs rezoning · How the Committee works
Related guides: How long a minor variance takes · Minor variance vs rezoning
FAQ
Tell us your address and what you want to divide. We will confirm whether a consent is the right route, whether you also need a variance, and what it will cost. No commitment, no hourly clock.
Get a Quote No initial fees or commitment