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Real Estate

Can I sever a lot from my farmland in Ontario?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

Sometimes, but it is difficult. Splitting off part of a property generally needs a consent (severance) under the Planning Act, and new residential lots may not be created in prime agricultural areas except for a residence that is surplus to a farm operation.

That surplus farm dwelling exception allows one new lot after a farm consolidation, at the minimum size needed, and the planning authority must ensure no new dwellings or additional residential units are permitted on the remaining farm parcel. In the Greenbelt Protected Countryside, a residence must never be permitted on the retained farm lot. Up to 2 additional residential units can be allowed on farmland, but they cannot be severed and must stay with the principal dwelling.

The municipal council or its delegate usually decides, looking at the official plan, lot size and shape, access, water supply and sewage disposal. Applicants, the Province, public bodies and utility providers can appeal to the Ontario Land Tribunal within 20 days of the notice of decision, but neighbours generally cannot. A lawyer or your municipality can confirm how these rules apply to your parcel.

Key takeaways

  • Selling, mortgaging or charging part of a property generally needs a consent (severance) under the Planning Act.
  • New residential lots may not be created in prime agricultural areas except for a residence that is surplus to a farm operation.
  • Additional residential units on farmland cannot be severed into separate lots and must stay with the principal dwelling.
  • Neighbours generally cannot appeal a consent decision to the Ontario Land Tribunal, but applicants, the Province, public bodies and utility providers can.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.

Go deeper

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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