Severing a Lot From Rural Land in Ontario: Process and Refusals

Many rural landowners want to split off a lot for a family member, a sale, or a second home. In Ontario, you usually cannot do that just by drawing a line on a survey. You need approval called a consent, often called a severance.

This article explains how the process works, what the decision-maker looks at, and why so many rural severances are refused. Rules and local policies vary, so a lawyer can confirm how they apply to your land.

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 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. Depending on your municipality, this may be a Committee of Adjustment 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 looks at several things:

• 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.
• Whether the decision is consistent with the Provincial Planning Statement.

If several severances are planned for the same area, the authority may decide that a plan of subdivision is needed instead of consents.

Why many rural severances are refused

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 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. Where the Greenbelt Plan applies, the authority must ensure that a residential dwelling is never permitted on the retained farm lot.

Additional residential units are not a workaround. 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 residential lots and must stay with the principal dwelling.

Notice, appeals and what happens after approval

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.

An approval usually comes with conditions, and a consent can lapse if the transaction is not completed within the time allowed. The provincial guide describes a two-year period, unless the authority set an earlier lapsing date. The time limits in the Planning Act have been amended in the past, so confirm the current deadline with your lawyer and the authority before relying on it.

What to do next

• Ask your municipality which body decides consents and what an application requires.
• Check the zoning and official plan designation of your land, and whether it is prime agricultural land.
• Think about access, water supply, sewage disposal and flooding, because the authority will look at them.
• If you want to sever a surplus farm dwelling, ask early whether the farm consolidation and the conditions in the policy are met.
• Note decision dates immediately, because the appeal period is 20 days from the notice of decision.
• Speak to a real estate lawyer before you sign any agreement to sell part of your land.

Frequently asked questions