Part Lot Control regulates the sale or transfer of part of a lot or block within a registered plan of subdivision. It allows municipalities to:
- regulate the sale transfer, or
- division of part lots or blocks within a Plan of Subdivision after the plan has been registered.
Property owners can apply for a Part Lot Control to remove part lot control from a lot or block within a Registered Plan of Subdivision.
Part Lot Control Exemption
The Planning Act authorizes municipalities to pass by-laws to permit whole blocks and lots within registered plans of subdivisions to be further divided. Hamilton City Council may pass a by-law exempting land situated in a Registered Plan of Subdivision from part lot control to allow:
- the division of the lands into smaller parcels
- make minor boundary adjustments
- establish maintenance easements by way of a Reference Plan.
Exemptions from Part Lot Control are used to facilitate semi-detached and townhouse developments. We use this approach to ensure that the common centre wall between two dwelling units is constructed on the property line.
Apply for Part Lot Control
The Planning Committee does not need to review the Part Lot Control application and report. The Part Lot Control By-law is submitted directly to City Council for adoption.
To avoid delays, information supplied must be complete and accurate. Incomplete applications will be returned.
A reference plan and the registered plan of subdivision are required. All applications must be signed. Metric units should be used.
For all planning applications, payment of application fees must be made when the application is submitted. The payment is considered a requirement of a complete application. Application fees are non-refundable.
Refer to the Planning Division Fees page for a complete list of application fees.
The application fee can be paid by cheque, certified cheque (payable to “City of Hamilton”), or by in-person credit card transactions. All cheques submitted to the Planning Division must be accompanied by a cover letter or Fee Intake Memo indicating: municipal address of the development; the application type, description of the fee, fee amount, and cheque number; Owner /Applicant’s name and contact information; Agent’s name and contact information; and if known, the assigned file number and assigned Planner’s name.
Review fees for other external agencies (Conservation Authority, Hamilton International Airport) may be applicable, and the applicant shall contact each agency for confirmation of their fees. Refer to the Application Form for more information.
All applications are required to be submitted in electronic format (PDF) via the CitySHARE link or on a USB stick.
To initiate a digital application submission, email [email protected] to obtain a CitySHARE link to upload the completed application form, supporting information and materials. To complete the digital submission process, email [email protected] with subject line “NEW SUBMISSION – [Insert File Type] – [Insert Address]” to confirm that the upload to CitySHARE is complete.
Alternatively, the application can be mailed or delivered in person to:
City of Hamilton
71 Main Street West, 5th Floor
Hamilton, Ontario, L8P 4Y5
Attention: Planning Division
City Council has delegated the authority to approve an application for exemption from Part Lot Control for lands within the City to the General Manager of Planning and Economic Development.
If the general manager’s decision is to approve the exemption, City Council will then adopt the by-law exempting the lands from Part Lot Control Exemption.