Severance and minor variance at Toronto's Committee of Adjustment
This guide explains the two applications a Toronto builder most often takes to the Committee of Adjustment: a severance, which splits one lot into two or more legal lots, and a minor variance, which lets a design depart from a zoning rule. It covers when each is needed, the four tests for a variance, the 2026 fees, the notice and hearing steps, who can appeal and by when, and the two-year limits on a severance. The facts come from the City's Committee of Adjustment pages and Ontario's Planning Act, read on November 1, 2026.
Written by Anthony Palleschi · Updated November 1, 2026 · 9 min read
Key takeaways
- A severance, which the City calls a consent, creates new legal lots; a minor variance relaxes a zoning rule for one design.
- A variance must meet four tests from subsection 45(1) of the Planning Act.
- In 2026 a variance costs $2,228.98 to $6,485.59 and a lot split costs $8,080.65, plus $6,561.48 per extra lot.
- Get a zoning review first; without it you list the variances yourself and sign a waiver.
- Since November 28, 2022, only the applicant, the Minister, specified persons and public bodies can appeal.
- Appeals are due within 20 days, and severance conditions must be met within two years.
Two applications at one City panel
Some infill designs need a smaller side yard, a taller wall or a deeper building than the zoning allows. A wide lot may hold two buildings only if it is split into two lots. Both requests go to the same City body, the Committee of Adjustment. The City's Committee of Adjustment page describes it as the panel that decides applications to vary zoning rules (minor variances), to divide or adjust property lines (consents), and to extend existing uses that no longer meet the zoning.
This guide covers the process from the builder's side: when you need each application, what it costs, how the hearing works and what happens after the decision. Unit counts and building limits are in the multiplex zoning guide. The developer hub has the full process from site search to permit.
What is the difference between a severance and a minor variance?
A severance creates new legal lots that can be sold on their own. A minor variance keeps the lot as it is and lets one design depart from a zoning standard. The Planning Act gives the Committee its power for each: section 45 for variances and section 53 for consents. In Toronto both are filed on the same application form and heard at the same hearings.
| Question | Minor variance | Severance (consent) |
|---|---|---|
| What it does | Lets a design depart from a zoning standard, such as a setback, height or depth | Splits a lot into new lots, or adds land to a neighbouring lot, or sets an easement |
| Legal test | Four tests in subsection 45(1) of the Planning Act | The criteria in subsection 51(24), and a plan of subdivision must not be needed |
| 2026 fee | $2,228.98, $5,011.08 or $6,485.59 by project type | $8,080.65 base, plus $6,561.48 for each extra lot |
| Notice to neighbours | Owners within 60 metres, at least 10 days before the hearing | Owners within 60 metres, at least 14 days before the hearing |
| Written decision | Sent within 10 days of the decision | Sent within 15 days of the decision |
| Appeal period | 20 days from the decision, subsection 45(12) | 20 days from the notice of decision, subsection 53(19) |
| After approval | Bring the final and binding decision to the building permit | Meet conditions within 2 years, then register within 2 years of the certificate |
When does a project need one?
The City's process page draws the line between a variance and a rezoning. Rezonings are for major changes, such as a new land use or a large increase in height or density. Minor variances are for issues such as small changes to a setback or a parking standard. If you are unsure which one your project needs, the City asks you to contact staff at your local customer service counter.
A consent is needed to divide land into new lots, add land to an abutting lot, set up an easement or right-of-way, or lease land or register a mortgage for more than 21 years. Council has given the Committee the power to approve new lots. Other consents are delegated to City staff, as explained further down.
Many projects need both. A lot split often leaves two lots that miss a standard, such as minimum frontage, so the builder asks for the consent and the variances in the same request. Remember too that the garden suite rules forbid a split that would put the main house and its garden suite on separate lots, as the garden suites page explains.
Before you apply: speak to staff and get a zoning review
The City strongly encourages a pre-application talk with the Planning Consultant at the local district office. It also strongly recommends a zoning review by Toronto Building, called a Zoning Applicable Law Certificate. The zoning examiner's notice lists every variance the design needs and any other approvals required.
You can apply without a review, but then you must list the variances yourself and sign a waiver that makes you responsible for any you miss. The City's page warns that errors in the list cause costly delays. The Participate at a Hearing page adds that the Committee cannot consider parts of a proposal that are not listed as requested variances. In 2026 the review fee is $644.38 for a new house or a conversion, and $888.14 or $1,863.82 for other new buildings by size.
How do you apply?
As of the City's fees page updated October 8, 2026, applications are accepted by email in PDF only. From October 1, 2026 the application form is split into Form A, the application, and Form B, the schedule, and both are required. The old forms were accepted until October 31, 2026.
Every application must include tree material: a completed Tree Declaration Form, current colour photos of the whole front and rear yard, photos of every by-law protected tree on the site and within 6 metres of it, or within 12 metres in a ravine and natural feature protection area, and a site plan that shows each protected tree. The other reports depend on the site. The City lists a parking study where parking standards change, an archaeological assessment where the land has archaeological potential, a Heritage Impact Statement where the property is on the City's heritage inventory, and an arborist report where trees are affected.
What does it cost?
The fees below took effect on January 1, 2026, according to the City's fees page. A fourplex has more than three units, so on this schedule it falls in the "all other" variance group.
| Application | Fee |
|---|---|
| Minor variance: additions and alterations to an existing dwelling with three units or less | $2,228.98 |
| Minor variance: residential dwellings with three units or less | $5,011.08 |
| Minor variance: all other residential, commercial, industrial or institutional uses | $6,485.59 |
| Minor variance sought after the work is done | Double the regular fee |
| Consent: split one lot into two, or set a new easement | $8,080.65 |
| Consent: each additional lot created | $6,561.48 |
| Consent: title validation, technical severance, leases, mortgage discharge, lot additions | $2,275.91 |
If you withdraw before the application is circulated to City staff, up to 80 percent of the fee may be refunded. After circulation but before the hearing notice is mailed, up to 50 percent may be refunded. Once the notice is mailed, there is no refund.
What happens between filing and the hearing?
Once the application is complete, City staff confirm a contact and a likely hearing date and give you a notice sign. It has to stand where people can see it from the street, for 10 days before a variance hearing and 14 days before a consent hearing. If the sign is not posted properly, the hearing can be deferred.
The City mails a notice of hearing to every owner within 60 metres, at least 10 days before a variance hearing and at least 14 days before a consent hearing. It also sends the file to City divisions, which may comment and suggest conditions. Outside agencies may be asked too: the Toronto and Region Conservation Authority where the land is near a watercourse, and a rail authority where it is next to a rail line. The TRCA charges for its review. The agenda is ready one week before the hearing. The City says it usually hears consent applications within 60 days of a complete application.
The City also strongly recommends talking to the neighbours beside the lot before the hearing, and you may contact the ward councillor. The City lists letters of support from adjacent neighbours among the items that help its review, and asks for them as far ahead of the hearing as possible.
What happens at the hearing?
Hearings are hybrid, in person or by Webex. The City's Participate at a Hearing page sets the order. The applicant or agent speaks first, for five minutes, and has five more minutes to answer comments. Each other speaker gets five minutes and one chance to speak. Presentation material and written comments are due by 4:30 p.m. five business days before the hearing.
For a variance, the Committee applies the four tests. Is the variance minor? Is it desirable for the appropriate development of the land or building? Does it keep the general intent and purpose of the Zoning By-law? Does it keep the general intent and purpose of the Official Plan? For a consent, the Committee asks whether a plan of subdivision is needed and whether the criteria in subsection 51(24) of the Planning Act are met, including fit with the Official Plan, adequate services and the public interest.
The Committee usually announces its decision at the hearing, with any conditions. It can adjourn to a later date or until something is done, such as a neighbourhood meeting or new drawings. Deferrals are decided at the hearing and need a reason, so come ready to present.
After the decision: appeals, conditions and lapse dates
The City sends the written decision within 10 days for a variance and within 15 days for a consent. Under the Planning Act, the applicant, the Minister, a specified person or a public body may appeal within 20 days: from the making of the decision for a variance, under subsection 45(12), and from the completed notice for a consent, under subsection 53(19). The City's page says that since November 28, 2022, only those groups can appeal. Most appeals of Toronto decisions go to the Toronto Local Appeal Body, which Council created in 2017 under Municipal Code Chapter 142. If no one appeals, the decision is final and binding, and you bring that letter to your building permit application.
A consent comes with more dates. You have two years from the notice of approval to meet its conditions, or the consent is deemed refused under subsection 53(41). If there was an appeal, the two years run from the appeal body's order. Once the conditions are met, the City issues a certificate of consent, after you supply a registerable description and a deposited reference plan. The transaction, usually the deed, must then be registered within two years of the certificate, under subsection 53(43), or the consent lapses.
Delegated consents
Not every consent goes to a hearing. Council has delegated consents other than new lots, such as lot additions, title validations and easements, to the Committee's Deputy Secretary-Treasurers. The City mails a notice to owners within 60 metres. If no written objection arrives within 14 days of mailing, the consent may be granted without a hearing.
How I plan for the Committee on a builder's file
When a site needs the Committee, I count the variances the design needs before the offer, using the zoning by-law and the zoning examiner's notice where one exists. I look for what the City has decided on similar requests on the same street through its application search. Then I ask the builder to plan for three outcomes: approved as designed, approved with changes, and refused, with a smaller design that fits the zoning as written. The feasibility guide shows how to test each one, and the development charges guide lists the City costs that come after approval.
Questions to ask before you file
- Has Toronto Building issued a zoning examiner's notice, and does the application ask for every variance on it?
- Does the lot split leave two lots that each meet the zoning, or does each need variances too?
- Which protected trees are on the site or within 6 metres, and are they shown on the site plan?
- Have you spoken to the neighbours beside the lot and to the ward councillor?
- If the decision is appealed, does the purchase or the financing still hold for as long as a Toronto Local Appeal Body hearing takes?
- Can you meet a consent's conditions within two years?
Owners selling a lot that may need a split can read the For Sellers page. My post on Toronto's low-rise neighbourhoods explains where most of these applications are filed. Which variances does your design need, and what is the plan if one is refused?
Frequently asked questions
What is the difference between a severance and a minor variance in Toronto?
A severance in Toronto splits one lot into two or more legal lots, while a minor variance lets a building depart from a zoning rule such as a setback or a height. The City calls a severance a consent. Toronto's Committee of Adjustment decides both under sections 45 and 53 of Ontario's Planning Act, and one project often files both together.
What four tests must a minor variance meet in Toronto?
A minor variance in Toronto must meet four tests: the general intent and purpose of the Official Plan is maintained, the general intent and purpose of the Zoning By-law is maintained, the proposal is desirable for the appropriate development of the land or building, and the variance is minor. The tests come from subsection 45(1) of the Planning Act, and the City's Committee of Adjustment pages list them.
How much does a minor variance application cost in Toronto in 2026?
A minor variance application in Toronto costs $2,228.98 for additions and alterations to an existing dwelling with three units or less, $5,011.08 for a residential dwelling with three units or less, and $6,485.59 for all other uses, under fees effective January 1, 2026. A variance sought after the work is built costs double, according to the City's Committee of Adjustment fees page.
How much does a severance cost in Toronto?
A severance in Toronto costs a base fee of $8,080.65 to split one lot into two, plus $6,561.48 for each additional lot created, under Committee of Adjustment fees effective January 1, 2026. Lot additions, easements and similar technical consents cost $2,275.91. Survey, legal and consultant costs are extra, and conditions set by the Committee can add costs of their own.
How long does a severance application take to reach a hearing in Toronto?
A severance application in Toronto usually reaches a Committee of Adjustment hearing within 60 days of the date a complete application is submitted, according to the City's page on the Committee's process. Written notice of the decision then goes out within 15 days. If no appeal is filed, the applicant has two years to meet any conditions before the City issues a certificate of consent.
Who gets notice of a Committee of Adjustment hearing in Toronto?
Owners of land within 60 metres of the property get notice of a Toronto Committee of Adjustment hearing, at least 10 days before a minor variance hearing and at least 14 days before a consent hearing. The City's process page also requires the applicant to post a notice sign visible from the street for 10 days before a variance hearing and 14 days before a consent hearing.
Who can appeal a Committee of Adjustment decision in Toronto?
Only the applicant, the Minister, specified persons and public bodies can appeal a Toronto Committee of Adjustment decision, a limit in place since November 28, 2022, according to the City's Committee of Adjustment page. Neighbours outside those groups can still write to the Committee or speak at the hearing before it decides. Most appeals in Toronto go to the Toronto Local Appeal Body.
How long is the appeal period after a Committee of Adjustment decision?
The appeal period after a Toronto Committee of Adjustment decision is 20 days. For a minor variance, subsection 45(12) of Ontario's Planning Act counts 20 days from the making of the decision. For a consent, subsection 53(19) counts 20 days from the day the notice of decision is complete. If no appeal is filed, the decision becomes final and binding.
How long does a builder have to meet the conditions of a Toronto severance?
A builder has two years from the notice of approval to meet the conditions of a Toronto severance, under subsection 53(41) of the Planning Act and the City's process page. If the conditions are not met in time, the consent is deemed refused. After the City issues the certificate of consent, the deed must be registered within two years or the consent lapses.
Should a builder get a zoning review before applying to the Committee of Adjustment?
A builder should get a zoning review from Toronto Building before applying to the Committee of Adjustment, and the City's process page strongly recommends it. The zoning examiner's notice lists every variance the design needs. An applicant without one must list the variances alone and sign a waiver, and errors in that list cause delays. In 2026 the review fee starts at $644.38 for a house.
How long can a neighbour speak at a Committee of Adjustment hearing in Toronto?
A neighbour or other interested person can speak for five minutes at a Toronto Committee of Adjustment hearing, with one chance to address the Committee. The applicant speaks first for five minutes and gets five more minutes to answer the comments. Written comments are due by 4:30 p.m. five business days before the hearing, according to the City's Participate at a Hearing page.
Can a Committee of Adjustment hearing in Toronto be deferred?
A Toronto Committee of Adjustment hearing can be deferred if the Committee agrees, and the City's Participate at a Hearing page says each request is considered at the hearing and needs a reason. The Committee may set a new date or wait until a stated step is done, such as a community meeting or revised drawings. A new notice of hearing may then be required.
What does a delegated consent cover in Toronto?
A delegated consent in Toronto covers consents other than new lots, such as lot additions, validations of title and easements or rights-of-way, and City staff decide it without a public hearing. The City's process page says owners within 60 metres get a notice, and if no written objection arrives within 14 days of mailing, the Deputy Secretary-Treasurer may grant the consent.
Sources
- Committee of Adjustment. City of Toronto. Updated March 23, 2026. Accessed November 1, 2026.
- About the Committee of Adjustment and Rules of Procedure. City of Toronto. Updated October 2, 2026. Accessed November 1, 2026.
- Committee of Adjustment Forms, Submission Guidelines and Fees. City of Toronto. Updated October 8, 2026. Accessed November 1, 2026.
- Participate at a Hearing. City of Toronto. Updated December 3, 2025. Accessed November 1, 2026.
- Toronto Local Appeal Body. City of Toronto. Accessed November 1, 2026.
- Planning Act, R.S.O. 1990, c. P.13. Government of Ontario, e-Laws. Current version from July 1, 2026. Accessed November 1, 2026.
- Building Permit Fees, Zoning Applicable Law Certificate fees. City of Toronto, Toronto Building. Updated June 19, 2026. Accessed November 1, 2026.
Planning and development potential is property-specific and subject to zoning, approvals, site conditions, municipal review and other due diligence. This guide gives general information. For legal, tax or financial advice, ask your own lawyer and accountant.