Planning Applications

Part Lot Control

Bill 109 - the More Homes for Everyone Act, 2022

On April 14, 2022, Bill 109 received Royal Assent. Bill 109 makes legislative changes to the Planning Act and Development Charges Act. As such, development planning processes are currently under review and may result in changes to submission requirements and fees. Check back regularly as the City will post links to regulation and process changes related to Bill 109 as they become available.

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.

Submit an application 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 need to complete an Application form for Part Lot Control By-law (PDF, 67 KB).

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.

Application type/fee

  • Part Lot Control Application Fee - $2,650
    • Plus per Lot/Unit/Part - $240
    • Plus per unit finance fee (only collected if a new parcel of land is created) - $20
    • Extension - $1,130

Submit the completed request form, supporting documents and fee(s) in person to:

City of Hamilton
71 Main Street West, 1st Floor
Hamilton, Ontario, L8P 4Y5
Attention: Development Planning

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

Approval authority

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, 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.