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Land owners or developers who wish to develop a subdivision or a condominium for a property in the City of Hamilton must submit the draft plan for approval.
What is a Plan of Subdivision?
A Plan of Subdivision is a legal survey which:
- shows how the property has been subdivided
- includes information and conditions on how to develop a parcel of land
- includes details on storm and sanitary sewers, protection of natural features and other site-specific information.
You can use lots or blocks created by a Plan of Subdivision for various purposes, such as residential or commercial use, based on the designation of the land within the Official Plan and Zoning By-law. The Planning Act and Ontario Regulation 544/06 govern this approval process.
When to get a Plan of Subdivision
A Draft Plan of Subdivision is a proposal to subdivide property. You must complete a Draft Plan of Subdivision Application whenever you:
- divide land into two or more parcels or lots
- establish a new public street
What is a Plan of Condominium?
A condominium is a type of land status or land ownership that can be residential, commercial, and industrial or combination.
Condominiums are generally made up of two parts:
- Common element such as hallways or parking areas
- Exclusive use areas such as the individual unit
According to the Condominium Act an application for a condominium must be processed in the same way as a Plan of Subdivision under the Planning Act and include any necessary modiﬁcations. This act gives the City of Hamilton the authority to regulate the division of land and/or buildings through Plans of Condominium.
Types of condominiums
There are six types of condominiums:
- Leasehold - A form of ownership where the occupant owns the unit, while the condominium corporation can lease the land and a third party can retain ownership of the land.
- Standard condominium - A form of ownership where the title to a unit is held together by a share in the rest of the property, which is common to all of the owners.
- Vacant land condominium - A Plan of Condominium, where common elements and units are created, but no buildings or structures have been constructed at the time of registration of the condominium plan. Provides flexibility for unit purchasers to choose their own building design, while still beneﬁting from common services or facilities.
- Common elements condominium - A Plan of Condominium, where the condominium corporation retains ownership of the common elements portion of the condominium. Owners of freehold properties will have common interests in the common elements.
- Phased condominium - A form of condominium that can be developed in phases; typical in clusters of townhouses and multiple apartment buildings. New units or common elements can be added without Planning Act or Condominium Act approval. A phased condominium can assist developers with completion of sales of units while other areas of the development are still under construction.
- Conversion from rental to condominium status - An owner of a rental building can apply to convert existing rental units to condominium tenure (status) in order to sell the units as separate entities.
Submit an application for Draft Plan Approval
The process to obtain approval of a Draft Plan of Subdivision or Plan of Condominium can take months to several years; the time frame depends on the nature and complexity of the proposed development.
This time line may change as the City and the applicant will need to ensure that:
- full municipal services are available
- suitable transportation infrastructure can be provided
- the site is appropriate for and can accommodate the proposed use
Applicants should allow adequate time for the plan to be approved.
Step 1 - Formal Consultation meeting
Before submitting an application, a Formal Consultation is required required unless it is determined by staff that this process can be waived.
The purpose of this consultation is to:
- determine the type of Condominium application that is required
- outline information, reports and studies that you will need to support your application
- offer preliminary comments and feedback
Before you submit your application Planning staff may suggest that you consult with other City departments or agencies. You may also want to schedule a community information meeting.
Step 2 - Complete the application
This application form is to be used by persons or public bodies wishing to apply for a draft plan of subdivision or a condominium description for a specific property in the City of Hamilton. In this form, the term "subject land" means the land that is the subject of this application.
You will need to complete the Approval of a Draft Plan of Subdivision or Condominium application form (PDF, 161 KB).
Step 3 - Application fees
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 cash, cheque, credit card or money order. Cheques must be made payable to the City of Hamilton.
Plan of Subdivision fees
Subdivision application - $35,825
- Plus addition per unit charge - $220/unit
- Plus addition per block charge - $630/block
- Recirculation of revisions - $1000
Revision fee - Draft Plan approved
- Minor revisions - $4,680
- Minor revisions - $26,865
- Extension fee - Draft Plan approved - $795
- Annual maintenance fee for files over 3 years old - $420
- Advertising fee, minimum charge if applicable - $1,085
- Amended application with public consultation - $2,815
Plan of Condominium fees
New construction with public process - $23,410
- Plus addition per unit charge - $75/unit
New construction without public process - $17,180
- Plus addition per unit charge - $75/unit
Condominium conversions - $24,735
- Plus addition per unit charge - $95/unit
- Recirculation fee - $1055
- Revision fee - $1130
- Maintenance fee for files over 3 years old - $825
- Exemption fee - $1,200
- Extension fee - $810
Minor or Major
An application is considered to be:
- Minor - when no technical studies are required, or only a scoped Environmental Impact Statement is required
- Intermediate - when the area of the subdivisions or condominiums is less than 4.5 hectares in size and technical studies, such as, Stormwater Management and Geotechnical, beyond a scoped Environmental Impact Statement are required.
- Major - when the area of the subdivisions or condominiums is more than 4.5 hectares in size and technical studies, such as, Stormwater Management and Geotechnical, beyond a scoped Environmental Impact Statement are required.
Fee rates for Condominiums will apply to new developments and not conversions and will not apply where such applications have been previously reviewed by a Conservation Authority through a site plan review.
The total fees will be reduced by 25% if you are filing a joint application where applications are made for an:
- Official Plan Amendment
- Zoning By-law Amendment
- Approval of a Draft Plan of Subdivision or Condominium
- Any combination thereof
Conservation Authority plan review fee
The Conservation Authorities within the city of Hamilton charge fees for their review of Planning Act applications.
Once you submit your application, City staff will advise you if your application requires Conservation Authority review, and if so, which Conservation Authority your project falls within:
- Conservation Halton review fees
- Hamilton Conservation Authority review fees
- Niagara Peninsula Conservation Authority review fees
- Grand River Conservation Authority review fees
The fee is to be made payable to the appropriate Conservation Authority and you will have to pay the fee to the City upon request. We will forward the fee along with the application to the Conservation Authority.
Combined applications will only be charged at the highest rate. The Conservation Authority reserves the right to request additional fees should the review require a substantially greater level of effort.
Step 4 - Submit the application
Submit the completed request form, supporting documents and fee(s) in person to:
City of Hamilton
71 Main Street West, 5th Floor
Hamilton, Ontario, L8P 4Y5
Attention: Development Planning
The complete submission should include:
- One electronic copy of the application form without signatures in PDF locked file format
- Twenty-five (25) copies of the completed application form with signatures (including two (2) with original signatures)
- Thirty-five (35) copies of the draft plan (twenty-five (25) for condominium), folded to 8½" x 11"
- Twenty (20) reduced copies of the draft plan on 8½" x 11" paper
- Five (5) copies of all information, reports or documents and electronic PDF locked file versions (where applicable) identified in a Formal Consultation Meeting as necessary information required to deem an application complete.
- Five (5) copies of all information/reports/documents, and electronic PDF locked file versions, indicated as needed when completing sections 10.2 and 11 of the application form.
Please provide separate files for all of the required documents or plans and use the following naming convention examples for the electronic files:
- Storm_Water_ Management_Report.pdf
Once you have submitted the application
- We will send you a notification of the completeness of the application within 30 days of receiving your application.
- If you did not provide the required information or fees with your application, we will return it to you with a request for the outstanding items. The incomplete application does not move forward to step three until we receive all required information or fees.
- Date modified: