Permanent Road and Alleyway Closures

Notice is hereby given pursuant to City of Hamilton By-law 14-204 to establish procedures, including the giving of notice to the public, governing the sale of land owned by the City of Hamilton that the Council of the City of Hamilton proposes to pass a By-law to permanently close a portion of road, alley or walkway.

For general inquiries
Email [email protected]
Applying to permanently close a road or alleyway is a multi-stage process that typically takes numerous months to complete. The timeline is influenced by the volume of applications in queue, internal and external reviews, Committee and Council approvals, legal survey completion, and final Real Estate and Legal transactions. This process cannot be expedited, so applicants are advised to plan accordingly.
Step-by-Step Application Process
1. Submit Application & Initial Fee
- Download the Road/Alleyway Closure Application Form
- Fully complete and sign the application form
- Include a drawing or sketch identifying the specific closure area
- Submit to: [email protected]
- Pay Initial Consultation Fee of $1,238.40 (non-refundable)
- Total Application Fee: $5,460.55 (includes initial fee and final payment of $4,222.15)
- A City staff member will contact the applicant to process the initial payment once the application is received.
- Joint Applications (optional, if applicable)
- Multiple abutting property owners may submit a joint application to share in the associated costs.
2. Internal & External Circulations
- The application is circulated for internal review to relevant City departments and external stakeholders, including public utilities.
- Real Estate provides a purchase cost estimate, based on fair market value (as per the City’s policies).
- If no internal objections are raised, or if objections can be resolved, the application proceeds to an external circulation to all other abutting landowners (if applicable).
- Unresolved objections may result in the denial of the application, and the Initial Consultation Fee is non-refundable.
3. Committee & Council Approval
- If no objections remain and the applicant accepts the estimated land value and conditions, staff proceed to prepare a report.
- The report is brought forward to Public Works Committee and City Council.
- At this stage, the applicant must pay the remaining balance of $4,222.15 (Total $5,460.55 minus the Initial $1,238.40).
- A Public Notice of the closure is posted on the City’s website two weeks prior to the scheduled Committee meeting date.
4. Reference Plan (Legal Survey)
- Upon Council approval, the applicant will be given notice to hire an Ontario Land Surveyor to prepare a Reference Plan.
- Submit the completed draft plan to: [email protected]
- The plan must be reviewed and approved by the Senior Project Manager, Geomatics (Surveys).
- Once the draft plan is approved, the plan must be deposited in the Land Registry Office.
- A copy of the deposited reference plan must be forwarded to [email protected] for the City’s records and to proceed to the next steps in the process.
5. Real Estate Transaction
- The file is then transferred to the Corporate Real Estate Office.
- Once the file has been assigned and reviewed, the applicant will be contacted by the assigned Real Estate Consultant, who will provide a detailed formal appraisal report and outline the next steps for completing the purchase.
- From here, it becomes a standard real estate transaction handled by the applicant’s solicitor.
6. Legal Process Requirements
- Once all the foregoing conditions have been fulfilled, the applicant must request that the Director of Legal Services proceed with the By-Law and all subsequent legal requirements and documentation, if closed by By-Law.
- A road or alleyway must be closed by By-law under the Municipal Act, 2001.
- Some public unassumed alleyways require a Judge’s Order. If an alleyway also requires a Judge's Order, the applicant must engage a solicitor to prepare the documentation and to appear before the Judge.
- This documentation must be complete and is subject to the approval of the Director of Legal Services.
Additional Costs to Consider
- Legal Survey – Costs associated with hiring an Ontario Land Surveyor to prepare and deposit a Reference Plan.
- Utilities – Costs for the relocation or removal of existing services, as required by utility providers or the City.
- Real Estate – Land purchase price based on fair market value, as determined by the City’s appraisal.
- Legal – If a Judge’s Order is required, legal representation and court fees are the responsibility of the applicant.