Disclaimer: This post provides general information only and is not legal advice. Subdivision requirements vary by property and municipality. Obtain advice tailored to your project before acting.
What is a subdivision?
A subdivision is the legal process of dividing a parcel of land into two or more separate lots or parcels, which may include a residual parcel or “holding”. Once approved and registered, each newly created parcel receives its own legal description and can be dealt with separately from the others. It can therefore be sold, transferred, financed or developed independently of the original land holding.
When is a subdivision needed?
A subdivision is generally required whenever a landowner wishes to create one or more new parcels from an existing parcel of land. Common examples include creating multiple residential lots for a new housing development, separating a farmyard or residence from a larger parcel of farmland for sale of either type of use, or carving out land for residential, commercial or industrial development.
The Process
Step 1: Subdivision Application Form
The Province of Manitoba’s standard subdivision application form contains all of the subdivision requirements. The form requires various information related the subject property and its surroundings, the applicant and the registered owner (which may or may not be the same person or persons), and the nature and purpose of the proposed subdivision. The form clearly references the general steps that are set out in this article.
Step 2: Pre‑Application Meeting
The best way to start is by contacting your Community Planning Office, which is provincial authority tasked with overseeing the subdivision process. They have the tools and expertise to review your subdivision concept, provide useful information that will be required as part of the application process, and identify issues and possible hurdles that you may not have anticipated. At this stage, you may want to consult with a lawyer, though this is not a requirement.
Step 3: Engage a Surveyor
A Manitoba Land Surveyor is needed to prepare your Subdivision Application Map (“SAM”), a form of survey/drawing that identifies the existing property boundaries, proposed new lot lines, existing buildings, as well as the precise location of all utilities, wells, wastewater systems, water bodies and other features which may be relevant to a particular parcel of land.
Step 4: Submission of Application Materials
Once finalized, the application package – which must include the completed application form together with the SAM, current title search(es) for the subject property and the application fee – is submitted to your Community Planning Office. Ensuring that the application package is complete and accurate before submission will help to avoid delays and facilitate a more efficient review process. Assuming the application is complete and conforms with the Community Planning Office’s guidelines, they will circulate it to all the applicable provincial government agencies as well as the local municipality for review and comment.
Step 5: Satisfying the Requirements and Conditions
All of the various government agencies referred to in Step 4 are consulted about the subdivision with respect to matters over which they have jurisdiction. Once they have weighed in, a process that can take anywhere from a few weeks to a few months, then assuming the subdivision is still considered feasible Planning will issue a Conditional Approval Letter to the applicant. This letter sets out the formal requirements and conditions that must be completed before final approval of the subdivision is granted. The applicant (or its legal representative) must fulfill all requirements and conditions set out in the letter and will also need its surveyor to get the subdivision plan approved at Land Titles. Once Planning is satisfied that everything is over the finish line, it will issue a Certificate of Approval to the applicant.
Step 6: Registering the Subdivision at Land Titles
Once the applicant has all of their ducks in a row following completion of Steps 1 through 5 above, they can instruct their legal representative to register the subdivision at Land Titles. This final step involves legal documents that must be prepared by a lawyer, including the plan registration, any transfers of land, request to issue titles, caveats, easements, etc. Once all these documents, sometimes referred to as the “subdivision series” have been accepted by Land Titles, the new parcels of land are formally created and separate titles are issued by Land Titles to the registering party.
Expected Timelines and Challenges
Although timelines vary significantly depending on the nature of the subdivision, the applicant can typically expect their subdivision to take anywhere from six months to two years, start to finish. Subdivisions involve more than simply completing application forms and getting a surveyor’s drawing – they are complicated in nature and involve various numerous moving parts, which must be managed properly. Engaging the right lawyer to guide you through the process will help avoid delays, frustration and unexpected issues, which can be costly. Whether you are subdividing a residential lot, agricultural land, commercial property, or a larger development site, obtaining the right legal advice early in the process can help ensure that the subdivision proceeds as smoothly as possible and that your long-term objectives are met.
Ready to advance your Manitoba subdivision plan? It’s essential that advice is customized to suit your property and goals. Don’t hesitate to contact:
T: 204.956.3514
T: 204.956.3589
Note: This article is of a general nature only and is not presented as a comprehensive review of the law or as being exhaustive of all possible legal rights or remedies. This article is not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice applicable to their own circumstances. We do not undertake any obligation to update this article to reflect changes in law that may occur in the future.