What is a Subdivision?
A subdivision is the division of a parcel of land described on a Certificate of Title. A subdivision occurs when a single land title is split into two or more parts, property boundaries are rearranged, or a lease, mortgage or other instrument is registered that has the effect of subdividing the parcel. In any case, the subdivision of land must conform to the municipality’s development plan and zoning by-law and the subdivision must be suitable for the use it is intended.
Who is the approving authority for a Subdivision?
A subdivision must be approved under The Planning Act before it can be accepted for registration at the Land Titles Office. Under The Planning Act, the Minister of Municipal Relations is the Approving Authority for subdivisions of land in Manitoba. This responsibility has been delegated to the Department of Municipal Relations, Community and Regional Planning office.
How do I start and where do I get information for a Subdivision?
Subdividing land is a complicated process. There are various reasons why you might want to subdivide your property. However, there are numerous legal requirements that must be met so that your land rights and ownership are protected. We recommend that you begin by talking with staff at the Community and Regional Planning office in Dauphin. They will be able to help you determine what types of subdivisions are permitted, what conditions may apply and other potential restrictions.
Dauphin Regional Community Planning Office
27 – 2nd Avenue SW, Dauphin MB R7N 3E5
Phone: 204-622-2115 Fax: 204-622-2298
The process, costs and requirements are detailed in the following Provincial Subdivision Guide: click Subdivision in Manitoba.
For a downloadable subdivision application click Subdivision Application Form .
Below is a quick reference summary of the ‘Steps in the Subdivision Process’.
Community Planning Report to Council
Community Planning prepares a report to Council on the subdivision application which includes an explanation of the proposal, relevant background and contextual information, development plan policies, zoning bylaw regulations, government department and agency comments, and recommendations to Council. The report is intended to give Council information to make an informed decision. The Administration will review the report and application documents and then add the subdivision application to the meeting agenda. If the subdivision applicant wants to appear before Council to explain the proposal, they should contact the municipality to appear as a delegation at the Council Meeting.
Council Decision on a Subdivision Proposal
If the proposed subdivision will result in the creation of a new public road, Council must hold a public hearing to receive representations on the proposed subdivision before approving the application. Council reviews and considers the application, together with the planning report, and decides either to approve it (with or without conditions) or to reject it. Council’s conditions may relate to such items as development agreements, drainage, driveways, additional fees, etc. These conditions will be included in their approving resolution. The Municipality sends a copy of Council’s decision to the Community Planning Office which can proceed only after Council’s decision has been received. If Council rejects the subdivision, Community Planning must also reject the subdivision. A decision of Council to reject an application cannot be appealed, and you must wait six months to make a new application.