Subdivision: Under Construction
What is Subdivision?
A Subdivision is the division of an area of land into two or more parcels and can include the consolidation of two or more lots. In the Municipality of Cumberland, whether you and your neighbour are merely swapping pieces of property, or you are designing a residential development and are creating many lots, you are subdividing and approval of a plan of subdivision is required. Large subdivisions with new roads and services require external approvals and engineering. These subdivisions are often done in stages of preliminary, tentative and final plans.
What is the Subdivision Bylaw?
The Municipal Government Act of the Province of Nova Scotia allows municipalities to adopt a Subdivision Bylaw. The Subdivision Bylaw regulates how an area of land can be subdivide to create new lots, additions to lots, consolidation of lots, and boundary adjustments. Major subdivisions may involve construction of new roads and the installation of municipal services. The Subdivision Bylaw is designed to protect the owner and the purchaser of the land by establishing uniform procedures and standards that apply to all subdivision of land.
FAQ
Q How much land do I need to subdivide?
A Unless you have access to municipal sewer, each resulting lot must be at least 2700m2 (29,062 sq. ft.) and possibly as large as 1 ha(2.47 acres) depending on soil conditions, method of subdivision (see below) and zoning requirements.
Q I want to give my children a piece of land, where do I start?
A A Land Surveyor. All subdivisions must be prepared by a Professional Land Surveyor licensed to practice in Nova Scotia they can discus the requirements and options specific to your property.
Q Do I need a surveyor and a lawyer to subdivide?
A Yes, a surveyor must prepare the final plan or instrument of subdivision and a lawyer is often required to migrate parcels to the land registry system, prepare parcel descriptions and deeds.
Q How do I put two pieces of land together?
A Consolidating parcels is normally the same process as subdividing and follows the same steps. There are a few exceptions, see below and contact us for more information.
Q How long does it take to approve a subdivision?
A Normally 4-6 weeks if the application is complete, longer if changes to the plan are necessary, external approvals are delayed or if sufficient documentation is not included.
Q What are the differences between an Instrument of Subdivision and A Final plan of Subdivision?
A An Instrument of Subdivision is only a “sketch” of the property being subdivided or consolidated and does not have the same quality of measurements and bearings as a Final Plan of Survey. An Instrument may only be used in areas of the municipality not serviced by municipal water or sewer. Lots being created by an instrument must be at least one hectare (2.47 acres) in area and be able to contain a circle with a diameter of 76 meters (250 feet). An Instrument of Subdivision must be prepared by a professional licensed surveyor.
A Final Plan of Subdivision is normally based on a complete survey of the property being created with very detailed and accurate measurements and bearings. Lot sizes for a Final Plan are governed by the availability of municipal services, zoning in the Land Use Bylaw and on-site septic system regulations but typically range from 2700 sq. m. (29,062 Sq. ft.) to 9000 sq. m. (2.2 acres). A Final Plan of Subdivision must also be prepared by a professional licensed surveyor.
Q I am considering subdividing my property, where should I start.
A There are a couple of options here depending on the circumstances. You can work with a surveyor to develop and prepare your plans; they know the regulations well and can provide expert advice on both large and small developments. Likewise Lawyers can also provide assistance, especially if they specialize in property law. You can also contact the municipality, we will be pleased to discuss your plans and try to provide advice on how to approach the development and inform you of possible limitations and alternatives.
Q Are there circumstances when Municipal subdivision approval isn’t necessary?
A Yes. In the following circumstances:
Where all lots created, including the remainder exceed ten hectares (24.7 Acres) in area.
Resulting from a lease of land for twenty years or less, including renewals.
Resulting from a will executed on or before January 1, 2000.
Resulting from a bare-land condominium made pursuant to the Condominium Act.
Resulting from the quieting of a title.
Resulting from an acquisition of land by the Provincial Government, Municipality or Village for business pertaining to that body.
Resulting from the disposal, of a street or railway with djacent land.
Resulting from a de facto Consolidation. Two or more lots have been in common ownership and used together since April 15, 1987, may be consolidated without subdivision approval. See a lawyer to confirm if you qualify and prepare the paperwork.