Severances

Land owners and/or their Agents can apply for Consent from the Municipality to sever, or divide, land to create additional lots. Depending on the case, the Council or Minister can give consent if the severance(s) will not interfere with proper and orderly development of the County.

What is a Consent?

The Ontario Planning Act states consent must be granted before a parcel of land can be divided to create additional lots. This process is referred to as land severancing and the type of consent given in this instance is a severance. Controlling the division of land through severances helps the municipality make sure that the creation of lots is consistent with the planning policies of the Municipality as set out in its Official Plan.

When do I need a Consent Application?

Land owners need a consent application:

To divide (sever) land for the purpose of sale (i.e. surplus farm dwelling)
To register a mortgage or discharge a mortgage over part of a parcel of land
To register a lease over part of a parcel of land when the term of the lease is 21 years or more (inclusive to renewal options)
To register easements for rights-of-way
To adjust boundaries of existing land parcels to enlarge or decrease the size of property (i.e. lot line adjustment)

Property owners who wish to divide their property for the purpose of selling it, registering or discharging a mortgage or leasing it for a period over 21 years, must apply for a severance. In municipal legislative terms, it means obtaining a "consent to sever" from the Consent Authority/Committee of Adjustment.

Consent Application Procedure

Pre-application consultation
Preliminary proposal review
Submission of a complete Consent Application and fees received (8 weeks before scheduled public meeting deadline)
Application circulation to Staff/Agencies
Posting of Public Meeting Sign (14 days prior to the Public Meeting)
Notices of Public Meeting mailed (land owners within 60 m of the property)
Committee of Adjustment Meeting and Decision (sent within 10 days)
- Third party appeal of Ontario Municipal Board (within 20 days)
Decision final and binding
Satisfying Conditions (within one year prior to lapse)
Certificate of Official issued
Registration of deeds (within two years)

Can I sever a lot in an Agricultural (A) Zone?

Lot severances for the purpose of creating new residential building lots in the agricultural areas of Ontario as per the Ontario Planning Act and the Provincial Policy Statement as preserving prime agricultural lands is of the utmost importance.

Like many other Ontario rural municipalities there are only two ways to sever lands for residential purposes in the agricultural area:

1. Surplus Farm Dwelling Severances - This is when you own a farm in the County of Brant and the house has existed for at least 15 years on the property and is surplus to the needs of the farmer (meaning that you as the farmer own other farm lands in the County and you do not need more than one dwelling to live in). For these purposes you can sever the surplus dwelling ensuring that all provisions of the Surplus Farm Dwelling are abided, as per Section 4.29 of the County of Brant Zoning By-law.

2. Farm Split - This is when you own a large farm in the County of Brant at a size of at least 80 ha and would like to split the farm into two farms, each with a minimum of 40 hectares. This may create the opportunity for an additional dwelling on the new farm parcel. Please see Section 6.2 of the County of Brant Zoning By-Law for agricultural development standards.

If you are interested in putting another dwelling unit on your property, such as an in-law suite, basement apartment, garage loft, or similar, these are referred to as ‘Additional Residential Units’ or ARUs and more information can be found on our ARUs webpage: www.brant.ca/ARUs

If you are unsure what the designation or zone of a specific property is in the County of Brant, please refer to our on-line County of Brant Interactive Zoning Map.