Severing a Lot From Farm or Rural Land in Ontario

Splitting a lot off a larger rural property is rarely a matter of drawing a line on a map. Under the Planning Act the split needs approval first, and on farmland the policies are strict.

This article explains how the consent process generally works, what decision-makers look at and where the farmland rules usually cause trouble. Local rules differ, so confirm details with your municipality and a lawyer.

When you need a consent

A consent under the Planning Act is generally needed to sell, mortgage or charge part of a property, or to enter into any agreement about it lasting more than 21 years.

There is an exception where the land is already divided. If a property is already split, for example by a public road or railway, no consent is needed to deal with the separate parts.

If several severances are planned for the same area, the consent-granting authority may decide that a plan of subdivision is needed instead. That is worth asking about early if you have bigger plans for the land.

Who decides and what they look at

Consents are granted by an upper-tier, lower-tier or single-tier municipal council, or by a body it delegates to, such as a committee, an appointed officer or a land division committee. In parts of Northern Ontario where no one has been given planning approval authority, the Minister of Municipal Affairs and Housing grants consents.

When deciding, the authority considers a set of issues, and the decision must be consistent with the Provincial Planning Statement:

• Whether the consent conforms with the official plan and fits with neighbouring uses.
• Whether the land suits the purpose, including lot size and shape.
• Whether there is adequate vehicle access, water supply, sewage disposal and protection from flooding.

Farmland and rural residential lots

Under the Provincial Planning Statement, 2024, new residential lots may not be created in prime agricultural areas except under policy 4.3.3.1.c), which covers residences that are surplus to a farm operation. This is the main reason rural residential severances on farmland are refused.

The exception is narrow. One new residential lot may be severed for a residence that is surplus to a farm operation after a farm consolidation. The lot must be the minimum size needed, and the planning authority must ensure that no new dwellings or additional residential units are permitted on the remaining farm parcel.

Two related points. Planning authorities must permit up to 2 additional residential units in prime agricultural areas, subject to criteria, but those units cannot be severed into separate lots and must stay with the principal dwelling. And where the Greenbelt Plan applies to a surplus-dwelling severance, the planning authority must ensure that a residential dwelling is never permitted on the retained farm lot.

Notice, appeals, conditions and timing

Notice of a consent application is given at least 14 days before a decision is made. Notice of the decision goes, within 15 days of the decision, to anyone who asked to be notified.

A decision and any condition can be appealed to the Ontario Land Tribunal within 20 days of the notice of decision. Only key participants may appeal: applicants, the Province, public bodies (including First Nations) and utility providers. Neighbours generally cannot. If no decision is made within 90 days after a complete application is received, the applicant alone may appeal to the Tribunal.

Approval usually comes with conditions. The provincial guide says severance conditions must be met within two years, and a consent lapses if the transaction is not completed within two years of the date of the certificate, unless the authority set an earlier lapsing date. Because the statute's timing has been the subject of change, confirm the exact deadline on your decision with the municipality or a lawyer.

What to do next

Preparation before applying saves time and cost.

• Ask your municipality which body handles consents and what the application requires.
• Check the official plan designation and zoning for your land, and whether it is prime agricultural area.
• Find out how the new and retained lots would get access, water and sewage disposal.
• Get a survey and talk to a lawyer about conditions, deadlines and whether a plan of subdivision could be needed.
• Diarize the appeal and lapsing dates the day you receive a decision.

Frequently asked questions