TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Real Estate/What is the difference…
Real Estate

What is the difference between a severance and a minor variance in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

These are two distinct planning approvals in Ontario, each addressing a different kind of departure from the established rules.

A severance (formally, a consent to sever or consent to convey) is required when you want to divide one parcel of land into two or more separate legal parcels, or when you want to convey part of your land to another person in a way that creates a new legal boundary. Severances are granted by the Committee of Adjustment or Land Division Committee and are governed by the Planning Act. The committee considers whether the new lots comply with zoning, have road access, can be serviced, and conform to the official plan.

A minor variance is needed when you want to build or use property in a way that departs slightly from what the zoning by-law permits — for example, if the by-law requires a 1.5-metre side-yard setback and your proposed garage would be 1.0 metres from the lot line. A minor variance allows the Committee of Adjustment to approve a modest departure from zoning rules if the variance is minor, desirable for the property, and maintains the general intent and purpose of the zoning by-law and official plan.

You can sometimes need both: for instance, severing a lot (consent) that also requires a minor variance because the resulting parcels do not fully meet the minimum lot size or frontage in the by-law. Applications can be heard jointly before the same committee.

Key takeaways

  • A severance creates a new property boundary by dividing land into separate parcels.
  • A minor variance allows a small departure from zoning requirements without changing the by-law.
  • Both are decided by the Committee of Adjustment under the Planning Act.
  • You may need both approvals together if the new lot does not fully comply with zoning.
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.
Was this helpful?Share:

Go deeper

Still have questions?

Search 2,500 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →