Exemptions from the subdivision approval process exist for certain types of subdivisions and subdividing interests. When submitting documents to the Controller of Surveys or the Land Registry, a person must include a completed affidavit attesting to the fact that the subdivision or subdividing interest is exempt. Sections 122, 123 and 124 of The Planning and Development Act, 2007 must be consulted for details.
Persons consolidating parcels or registering exempt subdivisions must give notice of their intention to the municipality in which the subdivision or subdividing interest is located.
Exemptions (sample affidavits are listed below):
- Easements for collection line, distribution line, or service connection
- Easements for a transmission line if more than five km from a city or 2.5 km from another urban centre including hamlets
- Interests affecting a whole condominium unit
- Interests affecting part of a building and not the parcel
- Joint use, encroachment, or access agreements with the written agreement of the Controller of Surveys or Registrar of titles and the approving authority
- Lease of less than ten years (including any renewal clause)
- Leases or lease renewals predating The Planning and Development Act, 1983
- Parcels on existing registered survey plans that were not created for lease or easement purposes
- Parcels being consolidated unless tie codes need to be removed from adjoining parcels
- Public highway (road, street or lane) if more than five km from a city or 2.5 km from another urban centre including hamlets
- Road widening that is contiguous with exiting right-of-way limits