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.
You will have to pay the application fee when you submit your application. Applications fees are non-refundable whether the application is approved or denied.
Fees can be paid by cheque or credit card. Cheques must be made payable to the City of Hamilton.
|Part Lot Control Application Fee||$2,855|
|Plus per Lot/Unit/Part||$260|
|Plus per unit finance fee (only collected if a new parcel of land is created)||$20|
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
Application Fees can be paid by cheque or credit card to The City of Hamilton. If the Application Fee is being paid by cheque, please note that a photocopy of the cheque is to accompany the electronic submission.
These submission requirements will be further refined in January 2023.
The complete submission should include:
- 1 copy of deed of subject property to current registered owner
- 1 copy of deed of subject property to applicant (if different from above)
- 1 copy of deed (if different from above) which, because it is contrary to Part Lot Control is
invalid and for which applicant seeks by-law to designate land not subject to Part Lot
- 1 copy of draft proposed transfer, which applicant would sign if the by-law were to be enacted
- 1 copy of the Plan of Subdivision that includes the subject property
- 1 copy of a Deposited Reference Plan deﬁning the parts to be created
- 1 copy of the Reference Plan reduced to 8.5” x 11”
- A certiﬁed list showing the lot area and frontage of each lot to be created
- Name, address, and phone number of applicant’s lawyer, who will handle the City’s inquiries on this application
- Name, address, and phone number of lawyer for the transferee of the correcting transfer (if Part Lot Control By-law is enacted)
- Five (5) copies of the information or reports, if indicated, in support of application
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.