Deeming Bylaw and Part Lot Control - Town of Gravenhurst

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Deeming Bylaw and Part Lot Control

Deeming By-law

A Deeming By-law application is applied for in order to allow for two or more neighbouring lots on a registered plan of subdivision to merge.

This is normally beneficial when separate lots are being used as one property. Adding the lots together would allow for development or further development of the property. Deeming by-laws require Council approval. Once the by-law is approved and registered, the lots may be sold as one parcel of land.

As per Section 50(4) of the Planning Act, in order to deem lots, the plan of subdivision must have been registered not less than 8 years prior to the application for a deeming by-law.

Deeming By-law Application Forms 

Part-lot Control Exemption

Section 50(5) of the Planning Act, R.S.O. 1990, c. P13 does not allow a part of a lot on a registered plan of subdivision to be transferred without the approval of a municipality. Part-lot control prevents the further division of land in a registered plan, without further approvals.

A municipality may pass a by-law to remove part-lot control from all or any part of a registered plan of subdivision. This allows lands within a plan of subdivision to be further divided into individual parcels without the approval of the Committee of Adjustment.

This exemption is appropriate when the resulting changes will not affect the nature or character of the subdivision. This application is usually applied to semi-detached or townhouse developments in order to establish property boundaries. This is done after the construction of the buildings due to the difficulty of the builder constructing the common centre wall on the exact property line.

Another case where an exemption could be appropriate is in the case of an existing subdivision, where large blocks need to be further subdivided in order to accommodate the needs of purchasers or react to changing market conditions.

The District of Muskoka is the approval authority for Part Lot Control for more information on Deeming By-laws, please visit the District of Muskoka Part Lot Control page.