Draft Plan of Subdivision or Condominium Approval

Plan of Condominium

A Plan of Subdivision is a legal survey which:

shows how the property has been subdivided
includes information and conditions on how to develop a parcel of land
includes details on storm and sanitary sewers, protection of natural features and other site-specific information.

You can use lots or blocks created by a Plan of Subdivision for various purposes, such as residential or commercial use, based on the designation of the land within the Official Plan and Zoning By-law. The Planning Act and Ontario Regulation 544/06 govern this approval process.

When to get a Plan of Subdivision

A Draft Plan of Subdivision is a proposal to subdivide property. You must complete a Draft Plan of Subdivision Application whenever you:

divide land into two or more parcels or lots
establish a new public street

A condominium is a type of land status or land ownership that can be residential, commercial, and industrial or combination.

Condominiums are generally made up of two parts:

Common element such as hallways or parking areas
Exclusive use areas such as the individual unit

According to the Condominium Act an application for a condominium must be processed in the same way as a Plan of Subdivision under the Planning Act and include any necessary modiﬁcations. This act gives the City of Hamilton the authority to regulate the division of land and/or buildings through Plans of Condominium.

Types of condominiums

There are six types of condominiums:

Leasehold - A form of ownership where the occupant owns the unit, while the condominium corporation can lease the land and a third party can retain ownership of the land.
Standard condominium - A form of ownership where the title to a unit is held together by a share in the rest of the property, which is common to all of the owners.
Vacant land condominium - A Plan of Condominium, where common elements and units are created, but no buildings or structures have been constructed at the time of registration of the condominium plan. Provides flexibility for unit purchasers to choose their own building design, while still beneﬁting from common services or facilities.
Common elements condominium - A Plan of Condominium, where the condominium corporation retains ownership of the common elements portion of the condominium. Owners of freehold properties will have common interests in the common elements.
Phased condominium - A form of condominium that can be developed in phases; typical in clusters of townhouses and multiple apartment buildings. New units or common elements can be added without Planning Act or Condominium Act approval. A phased condominium can assist developers with completion of sales of units while other areas of the development are still under construction.
Conversion from rental to condominium status - An owner of a rental building can apply to convert existing rental units to condominium tenure (status) in order to sell the units as separate entities.

Apply for

Draft Plan Approval

The process to obtain approval of a Draft Plan of Subdivision or Plan of Condominium can take months to several years; the time frame depends on the nature and complexity of the proposed development.

This timeline may change as the City and the applicant will need to ensure that:

full municipal services are available
suitable transportation infrastructure can be provided
the site is appropriate for and can accommodate the proposed use

Applicants should allow adequate time for the plan to be approved.

Before submitting an application, a Formal Consultation is required required unless it is determined by staff that this process can be waived.

The purpose of this consultation is to:

determine the type of Condominium application that is required
outline information, reports and studies that you will need to support your application
offer preliminary comments and feedback

Before you submit your application Planning staff may suggest that you consult with other City departments or agencies. You may also want to schedule a community information meeting.

Submission Requirements & Information

Review the Draft Plan of Subdivision or Condominium Submission Requirements & Information(PDF, 91.45 KB)

Application Form

This application form is to be used by persons or public bodies wishing to apply for a draft plan of subdivision or a condominium description for a specific property in the City of Hamilton. In this form, the term "subject land" means the land that is the subject of this application.

Download Approval of a Draft Plan of Subdivision or Condominium Application Form(PDF, 290.8 KB)

Are you eligible for fee exemptions? Are you applying for Eligible New Non-Profit Affordable Housing?

Download Non-Profit Affordable Housing Fee Exemption Application Form(PDF, 172.1 KB)

For all planning applications, payment of application fees must be made when the application is submitted. The payment is considered a requirement of a complete application. Application fees are non-refundable.

Refer to the Planning Division Fees page for a complete list of application fees.

The application fee can be paid by cheque, certified cheque (payable to “City of Hamilton”), or by in-person credit card transactions. All cheques submitted to the Planning Division must be accompanied by a cover letter or Fee Intake Memo(PDF, 129.58 KB) indicating: municipal address of the development; the application type, description of the fee, fee amount, and cheque number; Owner /Applicant’s name and contact information; Agent’s name and contact information; and if known, the assigned file number and assigned Planner’s name.

Review fees for other external agencies (Conservation Authority, Hamilton International Airport) may be applicable, and the applicant shall contact each agency for confirmation of their fees. Refer to the Application Form for more information.

All applications are required to be submitted in electronic format (PDF) via the CitySHARE link or on a USB stick.

To initiate a digital application submission, email [email protected] to obtain a CitySHARE link to upload the completed application form, supporting information and materials. To complete the digital submission process, email [email protected] with subject line “NEW SUBMISSION – [Insert File Type] – [Insert Address]” to confirm that the upload to CitySHARE is complete.

Alternatively, the application can be mailed or delivered in person to:

City of Hamilton
71 Main Street West, 5th Floor
Hamilton, Ontario, L8P 4Y5
Attention: Planning Division

After Submission

We will send you a notification of the completeness of the application within 30 days of receiving your application.
If you did not provide the required information or fees with your application, we will return it to you with a request for the outstanding items. The incomplete application does not move forward to step three until we receive all required information or fees.

Date modified

January 08, 2024