Many homeowners and property investors focus on location, price, and financing when purchasing real estate, but municipal planning regulations can be just as important. Whether you’re planning an addition, dividing a property, or purchasing a building with a unique use, understanding concepts such as minor variances, severances, and legal non-conforming uses can help you avoid costly surprises.
What Is a Minor Variance?
A minor variance is a formal approval granted by a municipality that allows a property owner to make a small exception to an existing zoning by-law.
Zoning by-laws regulate how land can be used and establish requirements such as building height, lot coverage, setbacks from property lines, parking requirements, and permitted structures. Sometimes a proposed renovation or construction project generally complies with zoning rules but does not meet every requirement exactly. In these situations, a minor variance application may be necessary before permits can be issued.
Common examples include:
- Building an addition that extends slightly closer to a property line than permitted.
- Adding a balcony or deck that exceeds setback requirements.
- Constructing a building that slightly exceeds the maximum permitted height.
- Reducing the required distance between a structure and a private right-of-way.
Applications are reviewed by the local Committee of Adjustment, which evaluates whether the proposal satisfies four key tests:
- The variance is minor in nature.
- The proposal is desirable and appropriate for the property’s development.
- The intent and purpose of the zoning by-law are maintained.
- The intent and purpose of the municipality’s Official Plan are maintained.
The Committee may approve, deny, or approve an application with conditions.
What Is a Severance (Consent)?
A severance, also known as a consent application, is the process of dividing one parcel of land into two or more separate lots.
Property owners may seek a severance to create a new building lot, sell off a portion of their land, establish easements, or facilitate redevelopment opportunities.
Before any land can be divided, approval must be obtained from the municipality through the Committee of Adjustment or, in some jurisdictions, municipal council.
While severances can create significant value, they are not inexpensive. Application fees alone can be substantial, and applicants often require professional assistance from surveyors, planners, engineers, lawyers, and other consultants. By the time all costs are considered, a severance project can easily cost tens of thousands of dollars before construction even begins.
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In larger municipalities such as Toronto, application fees alone can amount to several thousand dollars before professional and legal costs are considered. For instance, as of January 1, 2026, the City of Toronto charges a base fee of $8,080.65 for severing one lot into two or establishing a new easement. For each additional lot created, the fee is $6,561.48.
Once legal fees, land surveys, planning reports, engineering studies, and other professional services are factored in, the total cost of a severance application can often reach $40,000 to $50,000 or more, depending on the complexity of the project.
For many property owners, careful planning and professional guidance are essential to determine whether a severance is financially worthwhile.
Understanding Legal Non-Conforming Use
Municipal zoning regulations change over time, and occasionally a property use that was once permitted becomes prohibited under a new by-law. When this occurs, the property may qualify for what is known as a legal non-conforming use.
In simple terms, if a land use, building, or structure was legally established before a zoning change occurred, that use may generally continue even though it no longer complies with current zoning regulations.
Common examples may include:
- A commercial building that remains in operation after the area is rezoned for residential use.
- An outdoor storage operation that was legally established before new restrictions were introduced.
- A mixed-use property whose existing use predates current zoning regulations.
However, legal non-conforming rights are not unlimited. Property owners cannot automatically change the use to another non-conforming use, nor can they freely expand the existing use. In many cases, any significant alteration or expansion requires approval from the local Committee of Adjustment.
Why These Planning Issues Matter
Minor variances, severances, and legal non-conforming uses can significantly affect a property’s value, future development potential, and marketability. Before purchasing a property or starting a renovation project, it is important to understand any municipal approvals that may be required. Failing to do so can lead to delays, unexpected costs, denied applications, or limitations on future use.
Thinking About Buying or Selling Real Estate?
Whether you’re purchasing your first home, evaluating an investment property, or exploring redevelopment opportunities, understanding municipal planning rules is an important part of making informed decisions.
If you’re considering buying or selling real estate in Toronto or throughout the Greater Toronto Area, contact me today. I can help identify potential planning concerns, assess development opportunities, and provide guidance so you can make informed real estate decisions with confidence.