Dividing land and property ownership
New development often proposes the subdivision of land or the subdivision of property ownership. There are four ways that you can divide a large property into smaller properties or divide the ownership of a property or building into multiple ownerships: plan of subdivision; plan of condominium; part lot control exemption; and severance consent.
Plan of Subdivision
A plan of subdivision is used to divide land into two or more parcels or lots so that they can be separately owned. In Peterborough, plans of subdivision are typically used to create new residential neighbourhoods however they can also be used to create other forms of development such as employment parks. A plan of subdivision is generally required when you propose to create four or more new lots or when you propose to create new lots together with new or extended public streets and public services such as water, sanitary sewers, and stormwater management. Council is the approval authority for plans of subdivision.
If you would like to subdivide land in the City of Peterborough, please contact our planning staff to discuss your proposal. A pre-submission consultation meeting will be scheduled to determine if your proposed plan of subdivision conforms with our existing policies, by-laws, services, and guidelines. You will be advised of any additional development approvals required for your proposal (plans of subdivision often also require amendments to the City's Official Plan and Zoning By-law). You will then be required to apply for a Pre-Consultation Meeting to clarify the application process, identify key issues and provide preliminary comment, and confirm the necessary plans, supporting studies and any other information that would be required for a Complete Application when formal submission is made.
Plan of Subdivision Application Form
Plan of Condominium
A plan of condominium is used to divide the ownership of a property or a building into multiple ownerships without dividing the property into separate lots. In a condominium, an individual may own a portion of a building or property, called a “unit”, as well as a share of the rest of the property that is common to all of the unit owners. In Peterborough, condominiums have been used in residential, commercial and industrial developments.
There are five types of condominiums:
- Leasehold
- Freehold, of which there are four types:
- Common Elements
- Phased
- Standard
- Vacant Land
Prior to filing an application, you should determine which type of condominium (either alone or in combination) you wish to create and you should contact our planning staff to discuss your proposal. A pre-submission consultation meeting will be scheduled to determine if your proposed plan of condominium conforms with our existing policies, by-laws, services, and guidelines. You will be advised of any additional development approvals required for your proposal (plans of condominium may also require amendments to the City's Official Plan and Zoning By-law, as well as Site Plan Approval). You will then be required to apply for a Pre-Consultation Meeting to clarify the application process, identify key issues and provide preliminary comment, and confirm the necessary plans, supporting studies and any other information that would be required for a Complete Application when formal submission is made.
Council is the approval authority for plans of condominium. Plans of condominium must follow the same approval process as a plan of subdivision as described in Sections 51 and 51.1 of the Planning Act. However, where Council determines that it is not necessary to follow the plan of subdivision approval process, Council does have the authority to exempt plans of condominium from Sections 51 and 51.1 of the Act. If you would like Council to consider your proposed plan of condominium for exemption, you must make a written request to planning staff prior to submitting a formal plan of condominium application.
Plan of Condominium Application
Part Lot Control Exemption
The Planning Act allows Council to pass a by-law to temporarily exempt lots and blocks within registered plans of subdivision from part-lot control, so that further creation of individual lots or blocks can take place. When land is exempted from part-lot control, you are able to register a reference plan that divides the land into a number of parcels or changes existing lot lines.
Exemption from part-lot control is often used when new semi-detached dwellings and townhomes are built in order to separate each dwelling and their associated yard into individual properties. This approach ensures that the property line between two attached dwellings will coincide with the common wall between the dwellings.
If you would like to apply for an exemption from part-lot control, please contact our planning staff to discuss your proposal. A pre-submission consultation meeting will be scheduled to determine if your proposal conforms with our existing policies, by-laws, services, and guidelines. You will be advised of any additional development approvals required for your proposal and well as of any studies that you will be required to submit with your application.
Part Lot Control Exemption Application
Consent
A consent is a process that can allow you to create new lots (land severance), grant a right-of-way or an easement, add to an existing lot, change lot boundaries, enter into a mortgage or lease in excess of 21 years, validate title, and proceed with a power of sale.
Where a number of new lots are being proposed, or where new lots are proposed that requires the creation of a new public road and new public services, you may be required to submit an application for a plan of subdivision instead of an application for consent.
Council has delegated its authority to grant consents to the Committee of Adjustment.
If you would like to apply for consent, please contact our planning staff to discuss your proposal. A pre-submission consultation meeting will be scheduled to determine if your proposal conforms with our existing policies, by-laws, services, and guidelines. You will be advised of any additional development approvals required for your proposal and well as of any studies that you will be required to submit with your application.
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