- A consent under the Planning Act is generally needed to sell, mortgage or charge part of a property, or to enter an agreement about it lasting more than 21 years.
- New residential lots may not be created in prime agricultural areas except for a residence that is surplus to a farm operation.
- A consent decision can be appealed to the Ontario Land Tribunal within 20 days of the notice of decision, but neighbours generally cannot appeal.
Many farm owners eventually want to split off a lot, whether for a family member, a retiring farmer's house or a sale. In Ontario this is called a severance, and the legal approval is called a consent.
On farmland the rules are much tighter than in town. This article explains when a consent is needed, who decides, why agricultural policy limits what is possible, and what happens if you disagree with the result.
When a consent is needed
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 for land that 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.
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.
The authority considers the following, and its 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
If several severances are planned for the same area, the authority may decide that a plan of subdivision is needed instead of consents.
Agricultural limits on farmland
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 surplus farm dwelling exception allows one new residential lot to 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.
| Situation | What the rules say |
|---|---|
| Surplus farm dwelling after consolidation | One lot may be severed, at minimum size, with no new dwellings on the remaining parcel |
| Additional residential units | Up to 2 are permitted in prime agricultural areas, but they cannot be severed and must stay with the principal dwelling |
| Greenbelt surplus-dwelling severance | Where the Greenbelt Plan applies, no dwelling is ever permitted on the retained farm lot |
Notice, timing and appeals
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 consent 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 Ontario Land Tribunal.
Conditions must generally 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 this timeline has been the subject of amendments, confirm the current deadline for your consent.
What to do next
- Contact the municipality or land division committee to confirm who decides and what the application requires.
- Check whether your land is in a prime agricultural area and whether the Greenbelt Plan applies.
- Work out whether your situation could fit the surplus farm dwelling exception.
- Note the appeal and lapsing deadlines as soon as a decision arrives.
- Speak with a lawyer before signing any agreement to sell part of the property.
Frequently asked questions
Can I sever a lot for my child from my farm?
On prime agricultural land, new residential lots may not be created except for a residence that is surplus to a farm operation. Whether your situation qualifies depends on the facts and local policy, so confirm it with the municipality and a lawyer.
Can my neighbour appeal my consent?
Neighbours generally cannot. Only applicants, the Province, public bodies and utility providers may appeal.
What if the municipality never decides?
If no decision is made within 90 days after a complete application is received, the applicant alone may appeal to the Ontario Land Tribunal.
Can I sever an additional residential unit?
No. Additional residential units in prime agricultural areas cannot be severed into separate lots and must stay with the principal dwelling.
Sources
- Ontario Citizen's Guide to Land Use Planning – Land severances (consents) — ontario.ca
- Provincial Planning Statement, 2024 (Environmental Registry of Ontario) — ero.ontario.ca
- Ontario – Additional residential units in prime agricultural areas — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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