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Real Estate

How do I sever a lot from my farm property in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Severing a lot from a larger parcel in Ontario requires "consent to sever" granted by the local municipality's Committee of Adjustment or Land Division Committee. This is a discretionary approval governed by the Planning Act.

The committee considers whether the proposed severed lot and the retained land each comply with the zoning by-law (minimum lot size, frontage, depth), whether the land can be safely accessed from a public road, whether servicing (water, sewage) is adequate, and whether the severance conforms with the county or municipal official plan.

For farm properties, provincial policy — particularly the Provincial Policy Statement — generally restricts the creation of new non-farm lots in prime agricultural areas. Committees are required to have regard for these policies. An application to sever land in a designated prime agricultural area for a non-agricultural residential lot will typically face significant policy resistance unless the lot can meet specific surplus farm dwelling or lot rationalization criteria.

If your property is located in a Greenbelt area or the protected countryside, additional restrictions apply under the Greenbelt Plan, which further limits new lot creation.

Severance applications involve forms, fees, a site plan or sketch, and notice to abutting landowners. Processing times vary by municipality. A planning consultant or a lawyer who handles land use matters can help you assess viability before you invest in a full application.

Key takeaways

  • Consent to sever is a discretionary approval under the Planning Act.
  • Farm properties in prime agricultural areas face significant policy restrictions on new lot creation.
  • The Greenbelt Plan adds additional limits in protected areas.
  • Retain a planning consultant early to assess the application's likelihood of success.
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.
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