Part-lot Control

Part-lot Control allows a property owner to sell a whole lot or block within a registered plan of subdivision. The Planning Act provides that part of a lot on a registered plan of subdivision cannot be transferred without the approval of the municipality.

The Part-lot Control provisions of the Planning Act allow a municipality to pass by-laws to remove Part-lot Control from all or any part of a registered plan of subdivision. These by-laws allow the conveyance of a portion of a lot without requiring the approval of the Committee of Adjustment and Consent (land division committee).

Exemptions to Part-lot Control

An Exemption to Part-lot Control is used for semi-detached and townhouse developments, since individual semi-detached or townhouse lots are not normally indicated on a registered plan of subdivision. This approach is used because of the difficulty the builder would have to ensure that the common center wall between two dwelling units was constructed exactly on the property line.

The Town of Milton accepts the following types of exemption from Part-lot Control applications:

  • Creation of townhouse lots
  • Creation of semi-detached lots
  • Lot realignments within non-residential plans of subdivision
  • Mechanical severances, such as additions to lots, easements, land dedications
  • Adjacent lands within plans of subdivision

Requests for Exemption from Part-lot Control expire 365 days after the date of the Exempting By-law. At the request of the property owner, Council may extend the term of the Exempting By-law.