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Summary: Severing land means dividing one parcel into two or more, and in Ontario you cannot do it on your own. You need a "consent to sever" from your local Committee of Adjustment under the Planning Act, which comes with conditions you have to satisfy, and a lawyer then completes the conveyance that gives the new lot legal effect.
Severing is how a single property becomes a severed lot plus a retained parcel, whether you are carving off a building lot or splitting a larger holding. It is a municipal approval process first and a legal transaction second. Here is how consent works, what it costs, and where your lawyer fits in.
What does it mean to sever land in Ontario?
To sever land is to divide an existing parcel so that part of it can be sold, mortgaged, or transferred separately from the rest. The result is two titles where there was one: the new severed lot and the retained land you keep.
You cannot simply split a parcel and start selling the pieces. Under Ontario's Planning Act, conveying part of a parcel generally requires approval, unless the division is already handled through a registered plan of subdivision. For a single lot or a small split, that approval is a consent to sever, granted by the local approval authority, usually the municipality's Committee of Adjustment or Land Division Committee.
How does the consent-to-sever process work?
The consent process is a planning review: the authority is deciding whether your split fits how the area is meant to develop, not just whether you want it. Per Ontario's guide to land severances, consent can be given where a full plan of subdivision is not necessary for the orderly development of the municipality.
From application to a registrable lot, it runs roughly like this:
Apply to the Committee of Adjustment. You file a consent application with your local authority, with details of the proposed severed lot and the retained parcel.
The authority reviews it. It weighs the application against the Official Plan, zoning, servicing, and the impact on the surrounding area, and neighbours may be notified.
Provisional consent with conditions. If approved, consent is usually granted subject to conditions, such as paying fees, providing a survey, or satisfying servicing or parkland requirements.
Satisfy the conditions in time. The conditions must be met within two years of the provisional consent, or the application is deemed refused and you start over.
The certificate is issued. Once the conditions are cleared, the clerk issues a certificate of consent, and the severed lot can be conveyed and registered as its own parcel.
What does severing land cost?
There is no single price, because most of the cost is set by your municipality and the specifics of your lot. Budget for several components:
The application fee charged by the Committee of Adjustment, which varies widely between municipalities.
A reference plan prepared by an Ontario Land Surveyor to define the new boundaries, often required as a condition.
Municipal charges that may be imposed as conditions, such as cash-in-lieu of parkland or development-related charges.
Legal fees to review the consent, satisfy the title conditions, and complete the conveyance that creates the lot.
Because the conditions drive much of the total, confirm them early. Our guide to the costs involved in a real estate transaction covers the closing-side costs once the lot is ready to change hands.
What is your lawyer's role in a severance?
Consent from the Committee is planning approval, not the finished job. The severance only takes legal effect when the land is actually conveyed in a way that relies on the consent, and that is the lawyer's part. Your lawyer confirms the certificate of consent, clears the title conditions, arranges the reference plan registration, and registers the transfer that legally creates the new lot.
Timing matters at this stage. A consent has to be acted on within the period the Planning Act allows, so the conveyance should be completed promptly once the certificate is in hand, rather than left to sit. Getting your lawyer involved before the conditions are finalized keeps the registration from stalling later.
Consent to sever vs plan of subdivision
Both create new lots, but they are different tools for different scales:
Consent to sever | Plan of subdivision |
Creates one or a few new lots | Creates many lots at once |
Decided by the Committee of Adjustment under the Planning Act | A larger municipal planning-approval process |
Suited to a single split of a parcel | Suited to subdivisions and developments |
Generally faster and lower cost | Longer, more involved, and more expensive |
In short, a consent to sever is the route for a small division; a plan of subdivision is for creating lots at scale. The approval authority will not grant consent if your split really needs a subdivision.
Frequently asked questions
Can I sever my property without municipal approval?
No. Conveying part of a parcel in Ontario generally requires a consent to sever under the Planning Act, unless the division is already covered by a registered plan of subdivision. Selling a piece without consent can make the transaction void.
Who approves a land severance in Ontario?
Your local approval authority, usually the municipality's Committee of Adjustment or a Land Division Committee, decides consent applications under section 53 of the Planning Act.
How long does a severance take?
It varies by municipality and by how quickly conditions are met. After provisional consent, you have up to two years to satisfy the conditions, and if they are not met in that window the application is deemed refused.
What is a reference plan?
A survey, prepared by an Ontario Land Surveyor, that precisely defines the boundaries of the severed lot and the retained land. It is commonly required as a condition of consent and is registered on title.
Does severing land create two properties?
Yes. A consent creates the severed lot and a retained parcel, each with its own title, so the new lot can be sold, mortgaged, or transferred on its own.
About the author
Joel Fox is a co-founder and COO at Ownright. He helps run the firm's day-to-day work on Ontario residential closings, refinances, and sales, and writes regularly to demystify the parts of a transaction that most homeowners only encounter once or twice in their lives.
At Ownright, we focus entirely on Ontario residential real estate law. On a severance, we review the certificate of consent, clear the title conditions, and register the transfer that gives the new lot legal effect. You can start your closing online or get in touch with any questions.
Legal references: Planning Act, R.S.O. 1990, c. P.13, s. 53 (consents to sever land and conditions of provisional consent).
Important note: This article is not legal, financial, or tax advice. No one should act, or refrain from acting, based solely on the information in this post or any linked materials without first seeking appropriate legal or professional advice.
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