Subdividing Land In Nova Scotia? The 80 Top Answers

Subdivision is essentially a process of dividing a piece of land or a building into one or more further parcels or changing an existing boundary location. Although subdivision itself does not change the way land is used, those who subdivide land will almost inevitably do so to change land use. The subdivision is a very opportune time to address the environmental impacts of land use intensification and change, as it may be inefficient to impose controls through separate consents at a later stage.

Land subdivision creates separate and salable title deeds that define an existing interest in land (including buildings) and may impose restrictions on landowners or occupiers on how the land may be used or developed through conditions and notices of consent issued pursuant to Sections 108 and 220 be imposed RMA. The subdivision also provides an opportunity for a council to require the transfer of land and the provision of reserves and other financial contributions to provide the necessary infrastructure.

Land is usually subdivided for one of the following purposes:

to give legal title to an existing development with limited or no potential for further development (e.g. subdivisions around existing buildings or boundary adjustments)

to grant ownership of sites that have little or no adverse impact at the time of subdivision but with the assumption that development (which may have an impact) will follow the subdivision (e.g. fill in subdivisions)

for large-scale developments where significant work is being undertaken as part of the subdivision and where adverse impacts can and do occur (e.g. greenfield subdivisions). Land in New Zealand is owned in two different ways and these affect the way land is divided; ownership and lease.

The land subdivision under the RMA includes:

the creation of separate fee-free allotments with new title deeds (property)

Lease of land or buildings or both for 35 years or more (leasehold)

the creation of a uniform title, corporate lease or reciprocal lease.

No one may subdivide land under the s11 unless subdivision is expressly permitted by a rule in a plan or resource permit and a survey plan has been processed under Part 10 of the Act.

The critical definitions related to this process are:

However, there are a number of exceptions to these provisions, meaning that not all subdivisions are subject to the RMA.

The RMA subdivision provisions generally do not apply to the subdivision of Māori land, except where land is offered for sale outside the hapū. The other exceptions are outlined in s11(1)(b)-(d) and include subdivisions:

Acquire, take, transfer or dispose of property in accordance with the Public Works Act 1981

establish, amend or repeal a reserve under s338 of the Te Ture Whenua Māori Act 1993

Transfer or regain land under either s23 or s27D of the State Owned Enterprises Act 1986

To assign, transfer or gift land to the Crown or a local authority, the New Zealand Historic Places Trust or the Queen Elizabeth II National Trust

Transfer, exchange or otherwise dispose of property made by an order under subsection 3 of part 6 of the Property Law Act 2007 relating to granting access to landlocked land.

The subdivision process

The subdivision process involves several stages, as shown in Figure 1 below. The first four phases are mainly the responsibility of the RMA. The process for obtaining a subdivision permit is no different than obtaining a land use permit, which requires both an assessment of the application, a decision on notification, and a final decision.

Figure 1: Process of subdivision

Obtain a subdivision resource consent

Very few district plans provide for subdivision as a permitted activity, and even then, Section 223(1)(b) (approval of the survey plan by the territorial authority) requires that a certificate of compliance under Section 139 of the Act be first obtained. An application for a subdivision permit must be accompanied by a subdivision plan (also called a “scheme”) along with an explanatory report that will include all of the information required by the zoning plan. As with any resource permit application, an environmental impact assessment is required. In addition, Form 9 of the RMA lists specific information that must be submitted as part of an application for subdivision consent.

The subdivision application will be reviewed by the local authority in accordance with the relevant provisions of the district plan and RMA. Subdivisions involving significant earthworks, discharges and/or diversion of watercourses may require Regional Council approval. In these cases, it is common for councils to cooperate with the applicant either informally or formally in processing the subdivision consent. In some situations, either notification or consideration of an s91 application may be deferred pending an application for regional permits. A joint hearing may also be deemed necessary (s102).

Conditions for subdivision consent may be imposed under s108 (Conditions for Resource Consent) and 220 (Conditions for Subdivision Consent). For most subdivisions these are based on matters outlined in the district plan.

Work carried out/approval conditions met

The second level of subdivision involves the consent holder meeting the terms of the subdivision consent. This usually involves the payment of financial or development contributions, the design and approval of the technical details by the council, and the completion of the physical works such as providing roads, water supply, earthworks and drainage.

During this time a licensed cadastral surveyor will define the properties and prepare the title plan for submission to the Council and filing with Land Information New Zealand.

Approval of the survey plan (including any annotations) by the local authority

This phase involves approval of the survey plan by the territorial authority prior to approval and filing by Land Information New Zealand.

The plan is submitted to Council at s223 to see if it is consistent with the subdivision approval. The Council has 10 days to either approve or reject the plan under Section 223(1A). It must ensure that the layout and provisions of the subdivision are correct and that all conditions of consent have been (or will be) met. Conditions may include matters such as required construction work, assignment of land for roads and reserves, payment of financial or development contributions, consolidation of parcels, protection of land from erosion, grant or reservation of easements, and registration of bonds or declarations of consent to secure conditions of an ongoing nature .

At this stage, the council may approve the plan under s223 notwithstanding that some or all of the conditions for subdivision approval have not yet been met. The Council’s certification may be endorsed either on the plan or on a copy or on a supporting document suitably linked to the plan. The certificate must be signed by the Chief Executive or an authorized representative of the Council.

In order for the survey plan to be deposited with the Registrar General of Land, s224(c) also requires the council to provide a certificate (on the plan or a document signed similarly to that for the s223 certificate) showing that all or some of the terms of the subdivision agreement have been met to his satisfaction. For each condition that has not been met, the s223 certificate must note that one or more of the following relevant actions have been taken:

a certificate of completion (s222) was issued;

a notice of consent (s221) has been issued;

a bond (s108(2)(b)) was entered into by the apportioning owner.

The two certificates can also be combined into one declaration and duly signed.

The plan and supporting documentation can then be submitted to Land Information New Zealand for approval, filing, registration and issuance of new titles.

Permission and deposit by Land Information New Zealand

The final phase of the subdivision involves the approval and filing of the survey plan by Land Information New Zealand and cannot be completed unless the plan is supported by the required s223 and 224(c) certificates and all required documentation for registration accompanied according to s224.

The plan can be submitted either in traditional paper form or as an electronic file. It is processed to verify the definition of land borders and to validate that it fits correctly in the national cadastral database (called Landonline). Once the plan has been assessed as correct, the plan is said to be ‘approved for survey’ under the Cadastral Surveying Act 2002.

It then remains in Landonline while it is checked for title purposes to ensure that all documentation (including an application for new titles) has been submitted and is in the correct format for registration. Once all matters are in order the plan will be deposited by Land Information New Zealand and fully integrated into Landonline to become part of the updated cadastre. New titles are eventually issued under the Land Transfer Act 1952 (or the Unit Titles Act 2010).

If any of the above matters cannot be properly dealt with, the plan cannot be deposited. In this case, a maximum period of three years from the date of the s223 approval applies for the clarification of the problems and the subsequent filing of the plan (s224(h)).

Differences between subdivision and land use

The basic difference is that subdivision cannot be performed unless “expressly permitted by a rule in a plan or resource permit” (s11 of the RMA), while land use activities are permitted unless in plans (or resources consents) (s9).

The main differences for councils between managing subdivisions and land use include the following:

The information requirements for subdivision permits in a roost plan are typically more extensive, particularly in relation to infrastructure and engineering matters. An application for a subdivision permit often includes the assessment of technical matters such as services and reserve contributions, as well as other financial contributions. This usually includes expert advice from surveyors and engineers (both in-house and external), recreation/open space planners, etc.

Section 220 provides a specific list of terms that may be included in a subdivision permit, in addition to the general terms for all §108 resource permits.

An applicant may only request to change or waive the terms of a subdivision consent, with the exception of a condition relating to the duration of the consent, prior to the filing of the survey plan under s223 (s.127(1)(a)).

An applicant may, after filing the survey plan (s221(3)), request the modification or waiver of any condition set forth in a consent notice. The provisions of ss88 through 121 and 127(4) through 132 apply to any request to modify or revoke a consent notice or to review a consent notice by the consenting authority.

Esplanade Reserves must be transferred upon subdivision (under certain circumstances described in s230 unless the district plan or resource permit provides otherwise).

The conditions attached to consent to subdivision are generally tiered or provide more opportunities for the applicant to bind or ensure compliance in order for subdivision to proceed, e.g. (b)).

Most subdivisions involve some form of easements, covenants, and rights of way

The conditions must be finite in order to be met in order to get an s224(c) certificate. However, a notice of approval is required for the permanent fulfillment of a condition by the division owner.

Good practice tips

Subdivision and land use applications for the same development area should normally be treated together to ensure that all potential impacts associated with a proposal are assessed.

Whether it is a subdivision permit, land use permit or common permit, it is important that you read all title deeds to ensure you are fully aware of all the details relating to the Site(s).

Another important difference between subdivision and land use is that subdivisions often involve a significant contribution of land and infrastructure that becomes public property after subdivision.

The overhead costs associated with subdivision are also different from those associated with land use permits. There are a number of costs associated with performing a subdivision that are not always readily apparent.

These costs generally include:

Your real estate legal questions answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

Your real estate legal questions answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I own a half undivided interest in a 2,340 square foot lot while my brother owns the remaining half undivided interest, ground floor and first floor building. He owns 1,290 sq.ft. and the remaining area of ​​1,050 sq.ft. is kept as open land. Now we would like to divide the above property so that 120 sq.m. of land together with a built ground floor and a first floor will belong to a brother and the open land of 1,050 sq.ft. will go to another brother. Please advise us of the procedures to be followed to achieve the above split.

– Deenathayalan, Chennai

If you are both joint owners of the entire property and the building on it, you can divide the property by measure and boundary by making a deed of division and registering it with the office of the relevant sub-registry. Before signing the document, you must obtain the approval of the local authority for the division of the property.

If your goal is simply to create an additional home or rental accommodation on your property, depending on local authority planning regulations, you may not need to split to build. Determining this is part of our evaluation process.

Generally, if you are able to comply with site area requirements and planning constraints, you can build a second home without having to apply for subdivision. This is subject to approval of the Resource Commitment which demonstrates that compliance with separate property areas can be achieved.

Subdivision is not always required to build an additional dwelling on your property, although separate titles provide financial flexibility and maximize the value of your development.

single family home zone

The purpose of the single-family home zone is to maintain and increase the quality of life in established residential areas.

(Recreational values ​​are the qualities of an area that attract people to live or visit there.)

Recreational values ​​can be created through things like historical character, distinctive trees, waterfront location, or “neighborhood character.”

Guidelines for the subdivision of single house zones

Tiny houses are inherently much smaller than traditional houses. But lot sizes tend to be much larger than what you need to build a tiny house. This has resulted in many people wanting to know what they can do with the extra space on the property.

Can you legally build more than one house on a lot?

In many cases it is legal to build other houses on the same lot. However, it is important to consult local authorities on house spacing rules and questions about how much you can buy.

I would say “possibly” because not every city allows it. Still confused? Don’t worry – I’m here to help!

Here are all the important rules and restrictions you should know before attempting to build multiple houses on one lot.

Get approval before you build!

Maybe you can build several houses on one lot. However, there are many restrictions and rules to be aware of.

The first thing you need to do is get permission to build multiple houses on one lot.

There are different procedures for this depending on where you live. However, most of the steps remain the same.

Before you even start planning, visit your city’s office for all the information you need.

From there you should also be able to find out if building more than one house is even legal in your area. If this is the case, make sure you get all the paperwork and policies and regulations. That way, you’ll be a lot better prepared when it comes time to start planning the build.

The most important information you want to know is the exact zone restrictions.

This will be the complete guideline for you when it comes time to build. However, it does much more than that! These zone restrictions give you a good idea of ​​what to expect in the case of common complications.

One of the best ways to learn something is to learn from the people who tried it before you.

Your property, but not (always) your rules

One of the biggest misconceptions is that the property you buy is yours, what you want.

But just because you’re buying a large lot doesn’t mean you can build whatever you want. There are many hoops to jump through.

This is particularly evident when building several houses on one plot.

However, that doesn’t mean you can’t build multiple houses as well. Once you visit your case worker’s office, you will have a better understanding of what you can do. What do you do when your city doesn’t allow you to build multiple houses?

Unfortunately, when building, you must abide by the laws of the country.

Why can’t you build additional houses on your lot?

It can be difficult to understand why the laws don’t allow you to build on your own property. However, there are many reasons why certain areas have such strict restrictions.

The main reason for this is that the city wants to maintain a certain image.

By being able to control who builds what and how the city can better control the path, the city looks as a whole. Most cities want to avoid their neighborhood and become a “dump”. We’ve all seen those small towns whose courtyards resemble junkyards with broken cars and furniture strewn across the lawn.

Some see this as another way for local government to have more control over the people. However, it’s not just because they’re worried about their city becoming an eyesore. Officials also have major concerns when it comes to safety when multiple homes are built on a lot.

This is why it is so important to only build within your local laws.

Lot size regulations to be observed

While some cities don’t specifically say you can’t build multiple lots, they have enacted regulations to prevent it.

One regulation that does just that is regulations on the size of parcels.

Some areas have restrictions on the size of plots you can purchase. This means you can build multiple houses, but they have to fit on a smaller lot.

While this makes it difficult to build multiple traditional homes on one lot, it’s good news for small homes. Tiny houses are only 150 square meters on average. So if your town only allows a half-acre lot, you still have plenty of room to build a few tiny houses.

However, you still need to ensure that you are following the correct building codes in accordance with your local government. Since you’re technically building on top of a loophole, you want to make sure everything else is in place properly!

Regulations for the distance between the individual houses on the property

The government has a weird way of restricting you without you even knowing it. One way to do this is to limit the distance between houses.

For example, some cities specify that homes must be at least 2 acres.

This means that there is a large distance between you and your neighbor.

But how does that limit you when it comes to building multiple homes on a lot? That means you can’t build multiple houses if they’re less than 2 acres apart. However, that doesn’t mean you can’t build multiple houses as well. You would only need to purchase a plot large enough to have semi-detached houses on either side.

This is another example of the government trying to impose control while leaving loopholes wide open!

Policies for additional lots on your property

If you’re lucky enough to live in a city that doesn’t limit the number of properties you can build on your own lot, rejoice! However, that doesn’t mean you’re completely out of the woods either.

Having the privilege of dictating what happens on your property means you have to work to protect it.

But what does that mean exactly?

Why should you still have rules when you can build however you want?

Unfortunately, zoning rules must always be followed, no matter how many houses you want to build. This has little to do with state control and more to do with security.

Here are some of the most common rules to keep in mind when planning to build multiple houses on one lot:

1) Water and electricity problems

The first thing you need to work out is how each home will receive water and electricity. In many cities you will get your water and electricity. In general, a city is contracted to a single utility company. This is because the city receives offers and kickbacks from the utility company.

But that also means that your choices in choosing where your energy comes from are limited.

Once you know which energy supplier you will be working with, ask them to visit your property. You need to make sure your lot can power all the houses you want to build.

The last thing you want to do is overwhelm the system. This also means you may have to pay extra money to set up your property properly to provide the right amount of electricity.

Being able to bring water to your house is a whole different story. Many people like to set up their own water collection system when planning to build multiple homes. But did you know that private collection of rainwater and lake water is illegal in some states?

This is done to ensure people’s safety.

So if you’re not able to collect your own water, what other options do you have? Similar to the utility company, you may not have options when it comes to water in your city. It would be a good idea to work with your city in planning how to provide water to each home.

2) Work with your city – not against it!

I admit government restrictions are frustrating. Especially if you’re just trying to do whatever you want with your own property.

However, sometimes it’s easier to go with the flow rather than fight the current.

Your city may be a lot more receptive to the idea of ​​apartment buildings than you think. Working with your city is definitely the way to go.

This is especially true as you will be submitting all of your permits and paperwork to your local office. Not only can they advise you on electricity and water, but they can also help ensure your properties are safe and legal.

Final Thoughts

Building multiple houses on a lot is not such a new idea.

Families used to buy a large piece of land for their whole family. As the members grew older and started their own families, they simply built another house on their parents’ property. Because of this, you will see old traditional houses that look like a small “colony”.

As the country got older, there were more and more restrictions. And while it can feel low key at times, at other times it can work in your favor.

So before you start planning to build your own family site, make sure you stay legal. If you don’t check with your city first, it’s a sure way to find yourself under a mountain of fines.

Much luck!

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You may have seen our blogs about urban subdivision, but rural subdivision is very different. In essence, the process for requesting a resource commitment is the same, but the potential issues and what you need to assess are very different. In this blog, we spend some time discussing the preliminary issues you need to consider.

planning regulations

Planning ability to divide varies greatly in rural areas. Aside from certain lifestyle zones, rural area subdivisions are generally not based on how much land you have, but on a number of other factors and location characteristics. It is important to remember that most district plans are geared towards preserving large parcels of land for primary production; The primary goal of zones is not to allow for subdivision, and many district plans actively prevent this. This means that you must thoroughly research the planning regulations beforehand and be sure that your proposal is consistent with the district planning rules and other regulations.

natural features

Natural features on your site, such as e.g. areas of native bush or wetlands, may be protected as part of rural subdivisions. Areas may also need to be planted, such as B. River edges or connections between existing natural features. This can involve significant development costs and would include fencing, weed and pest control. There may also be ongoing requirements (governed by “approval notices” on the title deeds of the new locations) to protect these areas.

You should also consider these areas when planning your development. Not only can you put limits on your development (e.g. watercourses are often surrounded by flood plains and fed by overland flow paths, both of which you want to keep development away from), but from an ecological perspective it’s good to keep development away from those. Human activities, the introduction of pests and weeds, and accidental water pollution from runoff can all have significant impacts on these natural areas. Try to base your development outside of these areas.

If your location contains or borders a watercourse or the coast, you may also need to create an Esplanade Reserve. This is a 20m strip along the edges of the watercourse or shoreline. The Council may also require you to ‘top up’ an existing reserve.

building areas

There are many things to consider when choosing a build platform, including:

Is the platform geotechnically stable? This requires an assessment by a geotechnical engineer,

Is the platform affected by other natural hazards such as flooding? You must stay away from these danger areas.

Will the platform meet district plan standards such as B. Yard returns?

Is the soil suitable for sewage disposal or stormwater management?

Can the platform be developed without extensive earthworks? Aside from changing the shape of the land, earthworks are expensive and can make the site less attractive to potential buyers.

Is the platform located away from mountain ridges, important landscapes and natural features? How close are houses on neighboring properties? These are all things that the city planners will evaluate with your resource permit application; Choose a good location from the start to avoid problems later.

What do your neighbors use their land for? Reverse sensitivity is a planning term that refers to sensitivities to other regulated activities at another location. In rural settings, these are often lifestylers who are sensitive to rural production activities such as harvesting, calving, morning milking, etc. Keep these potential issues in mind when choosing a building site.

How far is it from service hookups like electricity and telephone?

Access

All new sites must have legal access from an established road. They also need to be sure that access is suitable and not affected by natural hazards such as flooding. This sounds simple in principle, but it can be more complicated on rural construction sites as roads can be far from good construction sites and creek crossings or similar may be required. Part of the access may be subject to extensive flooding. All of this increases the cost and complexity of a project. Think carefully about accessing the new sites.

water, sewage and rainwater

Very few rural areas have access to mains water services. This means that waste water, rainwater and drinking water supply have to be managed on site. You must also demonstrate how to achieve hydrological neutrality; often this is done through the use of tanks or additional planting to offset the new impervious areas. You also need to consider how you will provide the water supply for firefighting purposes.

In the case of wastewater, the type of soil and the condition of the property affect the disposal and treatment areas. While the detailed design of the systems is completed at the building permit stage, you need to ensure that the new site can fundamentally service a new dwelling. Soil type and characteristics such as flood plains can affect this. Engaging an engineer at an early stage is required and is often performed by your geotechnical engineer as part of their site surveys.

electricity and telephone

Electricity and telephone are also important services. Make sure connections are available in your area and how much it costs to connect. Connection fees can be significant, so don’t leave this until the last minute. If you want your development to be served over wireless telecom rather than wired, make sure your proposed build platform is served. After years of visiting rural properties, we can confirm that this is definitely not always the case!

Costs

If you are interested in the cost of some of these reports and research, take a look at Anne’s blog. Also remember that conducting detailed investigations in advance and employing the appropriate specialists will reduce the time it takes for the council to process your application and the associated costs. Check out our blog on community costs here.

Would you like to know more?

We blog weekly so you can find a lot of free information on our website www.planningplus.co.nz

developed an e-guide that you can download for free by simply subscribing to our website. And of course, our friendly team is always available to talk about your specific proposal. We have extensive experience in rural development, particularly Hannah and Anne who have been working in this environment for over 15 years. We also know council procedures inside out, give you realistic advice and relieve you of the stress of the process.

You can reach us on 09 427 9966 or [email protected]. We look forward to meeting you!

Disclaimer

As with all of our blogs, the information presented here is general in nature and is intended as a preliminary guide only. This should not replace your own investigation or the use of your own professionals.

Hannah Thomson is Director of Planning Plus and has over 17 years of resource management experience in both local government and the private sector. Hannah has a wide range of experience including commercial, rural, residential and coastal development and subdivision from small to large scale and having served on both the Council and the Environmental Court as a mediation and hearing expert. Hannah has assisted councils in developing policies and has also assisted individuals with submissions to the council.

Email Hannah

Disclaimer As with all of our blogs, the information presented here is general in nature and is intended as a preliminary guide only. This should not replace your own investigation or the use of your own professionals.

#Land subdivision #subdivisions

First, what is a cross-lease title?

Cross-lease developments emerged in the 1970s as a faster and cheaper alternative to proper subdivision, and were designed to circumvent certain subdivision rules. The main benefits of cross-leases were virtually eliminated with the introduction of the Resource Management Act in 1991, when they were effectively ended. At face value, a cross lease looks just like a proper subdivision, however there are some very important exceptions that anyone who owns a cross lease property should be aware of.

All cross-lease property owners own an undivided interest (%) in the entire property and they lease a piece of land on which their home sits from the other cross-lease owners.

At the time the cross lease was set up, a survey plan was prepared showing the location of the homes and buildings and the land they leased from the other cross leaseholder(s).

If changes or additions are made to any of the houses or buildings that alter the layout of the land they occupy, your title will become defective.

Making any changes or additions without the written consent of all other cross-lease owners is illegal and may void your insurance.

If changes or additions have been made, the Cross Lease must be updated, which requires the creation of a new survey plan and the updating and signing of the lease by all Cross Lease owners. This can be a costly and difficult exercise if the other cross-lease owners are unwilling to give their consent.

Much has been written in the press lately about the pitfalls of owning a cross lease. Check out this interesting article compiled by the NZ Herald: Cross about cross-lease: Battles from the property fight zone

What can you do?

Luckily, there’s a fairly simple fix, which is converting your cross-lease to a proper fee-simple title. This process is managed through a subdivision request to the Council. Since your property already includes a house, the process is usually quite simple and inexpensive.

NB. This information is general in nature and the process for a particular applicant may vary depending on circumstances.

How do I benefit from it?

Your property is a big investment. By upgrading your Cross Lease to a proper Fee Simple title, you don’t need to get permission from your neighboring Cross Lease owner to do anything and the land around your home becomes your land. This usually increases the value of your property and makes it more attractive if you decide to sell it.

What can we do for you?

At The Surveying Company we have a team of designers, surveyors and civil engineers with years of experience in this type of work. We’ll help you turn your Cross Lease into a robust and superior Fee Simple title and manage the job from start to finish.

You are in safe hands!

If you are interested and would like to know more, please do not hesitate to contact us at The Surveying Company. The initial consultation is free!

The house is divided into several apartments. The people attending the conference can be divided into three different groups. He plans to split up his property. The property is divided into building lots.

Current examples on the web

An important point was the rhythmic feel: the band members decided to divide the beats evenly. — Tom Roland, Billboard, July 19, 2022

The Wisconsin Builders Association represented Hidden Hills Development LLC, which wanted to subdivide an area in 2017. — Cathy Kozlowicz, Milwaukee Journal Sentinel, May 17, 2022

The property owner applied for permission to subdivide the property at 444 South Rand Road — at the southeast corner of Route 12 and Route 22 — to make the property more attractive to a potential buyer, village documents said. – Jesse Wright, chicagotribune.com, April 11, 2022

The company works with homeowners to subdivide their land, build a new home on the new lot, then sell it and split the proceeds. – Los Angeles Times, February 25, 2022

In addition, Irgens will subdivide the land for future housing and other commercial developments. — Tom Daykin, Milwaukee Journal Sentinel, December 15, 2021

Another concern, Knights resident Cindy Boyer said, is that the project will create a domino effect with other residents wanting to subdivide their land. — Suzanne Baker, chicagotribune.com, December 11, 2021

The buyer plans to subdivide the property for a future fast food restaurant and small shopping mall. — Kathy Jumper, al, December 12, 2021

By legalizing semi-detached houses nationwide and allowing single family lots to be subdivided, S.B. 9 effectively ended the zoning of single-family homes in a state of 40 million people whose identity is based on suburban idyll. – New York Times, October 8, 2021

See more

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A land use permit is required for an activity that has an impact on the environment.

This contains:

buildings and conversions

earthworks

retail trade

horticulture

remove vegetation.

The Auckland Unitary Plan sets rules and standards to manage the impact of activities, buildings and development on the environment.

A cross lease (sometimes referred to as a flats plan) is a common type of subdivision in residential areas. It originated as a means of circumventing council planning rules to subdivide a property into sections smaller than originally permitted.

A cross lease creates a title where there are multiple owners of the property related to one title. These owners have equal shares in the land and any improvements on the land (e.g. houses, sheds, fences and driveway). Each shareholder of the property will lease their home and all other buildings attached thereto and part of the property. Part of the land is held as common land (used by all, most commonly as a driveway). The most common rental period is 999 years. Each building and leased area is identified on an overall survey plan (also known as a dwelling plan).

Each shareholder will be granted a combined title and leasehold title. This title contains the following information:

the tenant’s ownership interest in the entire block and

the leaseholder’s share of the individual property.

How a cross lease works:

The entire plot area belongs equally to all owners of the cross lease.

The individual owners then lease a specific building or buildings listed on a housing plan. This lease has a term of 999 years.

The portion of land on which the building(s) stand is then recorded in a cross-lease agreement on the Certificate of Title.

If you wish to make changes to the cross-lease contract you must obtain the consent of all other cross-lease owners and any changes to the shape or number of buildings must be recorded and shown on a new plan. Any change requires a resource commitment from the community.

This is still a common form of property ownership and banks have no difficulty in registering a mortgage on such property.

A cross lease works most efficiently when only 2-4 houses are involved, anything larger is best treated as a single title.

As inflation and other factors continue to drive up the prices of building materials, it’s no news that the cost of building a home in Canada has been rising lately. While it’s an exciting thing to plan for and the results worth the expense, building a home is a significant undertaking and requires financial preparation. This article looks at the cost of building a home in Canada and the factors to consider when preparing to start building your own home.

The central theses

Factors that affect the cost of building a home in Canada include the price of land, population/demand for homes, proposed home design, materials and adjustments, permits and fees, choice of contractor, and style of finish

Just like the cost of renting a house, the cost of building a house is higher in populous cities with a more expensive housing market

It generally takes contractors 8 to 10 months to complete a modern home construction project. Custom homes typically take longer to complete due to the design customizations involved

Cost of Building a New Home in Canada by Province (Table)

When building a home in Ontario, Toronto, St. Johns or anywhere else in Canada, cost is the key factor influencing the decision making. Everyone wants to build a home that is exquisite without breaking the bank.

Studies show that as of 2021, a 2,500 square foot single family home in Canada will cost between $700,000 and $900,000 to build. However, this number varies depending on the location where you want to build a house. Below is a breakdown of the cost per square foot to build a home in major provincial cities.

The average cost of building a home in Canada (prices are cost per square foot and do not include the cost of acquiring the land):

Location Single Family Custom Home Calgary $125 – $185 $405 – $860 Edmonton $130 – $185 $406 – $860 Halifax $90 – $150 $250 – $500 Montreal $105 – $180 $390 – $800 Ottawa/ Gatineau $120 – $195 $435 – $910 St – $700 Toronto/GTA $115 – $215 $400 – $900 Vancouver $145 – $260 $430 – $1090 Winnipeg $125 – $190 $410 – $860

Source: Canada cost guide 2021 (Altus Group)

A closer look at the cost of building a home, as shown in our construction cost per square foot table above, shows that different cities have different numbers. The cost of building a home in Ontario’s most populous cities, Toronto and Ottawa, ranges from $115 to $900 and $120 to $910, respectively. Additionally, the cost of building a home in BC’s largest city, Vancouver, showed the highest numbers in Canada’s housing market, with a whopping average cost per square foot ranging from $145 to $1090.

However, the cost of building a home in Nova Scotia’s largest city, Halifax, and Newfoundland and Labrador’s largest, St. John’s, is the lowest cost per square foot to build a home.

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Cost Factors for Home Construction in Canada

If you’re wondering why costs vary so much between cities and what factors are causing fluctuations in Canada’s real estate market, island prices are the biggest factor. Given the population disparity and demand for homes in these cities, it makes sense that building a home in Ontario would cost significantly more than the numbers in Nova Scotia and other less popular areas.

In addition, building a house in urban cities costs significantly more than in the countryside, sometimes even with large margins. Using the table above as a cost calculator to build a home in Canada, one can conclude that cost factors such as land price, population/demand for homes, and custom property value can drive up the cost of building a home . Other cost factors to consider are house design, materials and adjustments, permits and fees, choice of contractor and type of finish.

How long does it take to build a house?

When it comes to building a home in Canada, the length of time it takes to build a home depends on the type of contractor used, the type of home, the nature of the land, and the availability of resources such as funds and building materials. Typically, it takes around 8 to 10 months for a conventional home builder, while a custom home can take up to 16 months to complete due to the various customizations.

From selecting a construction site and obtaining mortgage approvals/permits to building the house and completing it, the time it takes to build a house is highly dependent on all parties involved such as the builder, contractor, city officials, designers and suppliers .

Alternatives to house building in Canada

As the cost of building a home in Canada continues to rise, you may want to consider alternatives such as home renovation and rental housing in addition to building your own home. Home renovation allows you to reduce the cost of building a home by remodeling an existing home, which costs less than building an entirely new one. You could also demolish small existing houses on large lots and build your preferred design using the available space.

Second, the rent-to-own alternative allows you to rent a home with the option to buy it in the future. This agreement is usually made between the buyer and a landlord or hire-purchase company, as part of your rent is used as a down payment towards the purchase. This is called a rental loan and you can buy the house during your lease or after your lease expires. This may answer your question if you were wondering if it’s cheaper to build your own house.

Final Thoughts

Ultimately, the only way to accurately determine the cost of building a home in Canada is to set the price and start creating your budget estimates. As material prices, contract fees, and other factors are constantly changing, it all affects the final cost of building a home.

As previously mentioned, the location, design, building materials, contractor, and type of home you choose all play an important role in the overall pricing budget you will have at the end of the day.

The houses may be tiny, but interest in them is huge.

Designed for weekend retreats, summer getaways, or even full-time living, more and more Nova Scotians are embracing the tiny home movement.

Jennifer Constable is a pro at tiny living. For six years, she and her husband raised their two children on a boat in Bermuda. Today they live in Mahone Bay, N.S. — and not only do they live small, they help others do the same.

The couple runs Full Moon Tiny Shelters, a company that builds custom homes under 250 square feet.

“Whether it’s about being smarter with space, whether it’s realizing how little space you really need, whether it’s going through all your stuff and deciding what’s important, everyone we build one for said it actually opened up positive aspects of their lives that they didn’t necessarily expect,” she said.

James and Jennifer Constable operate Full Moon Tiny Shelters based out of Mahone Bay, N.S. (Felicia Latour/CBC)

Tiny homes and minimalism in general have been on the rise for a while. That could be due to shows like Tiny House Hunters or Tiny House, Big Living, but people’s view of the environment is also changing.

Carrie Thornhill, who started a meetup group for tiny home enthusiasts in Nova Scotia that now has 1,400 members, said there are two demographics that are drawn to tiny home living.

“Retirees who are downsizing and potentially wanting to go back to their hippie roots and live a little closer to the country. And … young people who are just starting out and who might find the housing market a bit too expensive to get in,” she said.

How much does a tiny house cost?

A tiny house costs between 60,000 and 120,000 US dollars. But if you build it yourself, it could cost as little as $30,000.

Other advantages of tiny houses, apart from the low costs, include the reduced carbon footprint. Since many are built on wheels, their mobility is another benefit.

“Disasters and problems with the weather and changing economies or changing communities, you have an opportunity to just take your home with you and very, very easily move it somewhere cheaper,” said Carey Rolfe, designer and builder of Underway Tiny EcoHomes in Newport, N.S.

Disadvantages of Tiny Home Living

Tiny houses are not for everyone. Studies have shown that as a family grows, it can lead to overcrowding and stress.

Another aspect is the climate. Rolfe said tiny homes are popular in places like California and Texas for a reason.

“Part of the problem is that everyone has seen the tiny home shows coming from southern, warmer climates. So the cost of building insulation and airtightness in these tiny houses is much less, so there’s a distorted perception that tiny homes are cheap,” he says.

In Nova Scotia, it’s technically illegal to live in the tiny houses on wheels for the most part because, as moveable structures, they don’t fall under building codes. Instead, they are classified as RVs. Most municipalities prohibit people from living in RVs or RV-like structures year-round.

An exception is Yarmouth, which includes tiny homes as a housing option within its parish boundaries.

Tiny houses offer a lower carbon footprint compared to a traditional house. (CBC)

There is hope that building codes across the country will be updated to allow for tiny homes.

“As our perceptions change and tiny houses gain legitimacy within regulations, particularly as we see tiny houses being included in building codes in the near future, I think people’s perceptions are going to change, and I think that this will become a possibility,” said Rolfe.

“I don’t think it’s a question of if, but I think it’s a question of when.”

The new Coastal Protection Act being introduced in the Nova Scotia legislature will force property owners to construct new buildings farther from the province’s vulnerable shores.

“Climate change means rising sea levels, greater risk of flooding and coastal erosion. We must protect the natural ecosystems that help defend our coasts and this legislation will help us do that,” Environment Secretary Margaret Miller said on Tuesday.

She warned that the law is not intended to help in cases where structures are already threatened by rising seawater.

“It’s not about funding breakwaters or retaining walls. Instead, this legislation is about future building,” Miller said.

“It is designed to prevent today’s problems from appearing in tomorrow’s homes, businesses and country homes. We cannot change the past, but we can ensure that new buildings are built in safer locations that are not at high risk of flooding or coastal erosion.”

Environment Secretary Margaret Miller said the new seafront protection legislation will prevent future construction work from damaging properties and the seafront. (CBC)

The new rules will help protect salt marshes, dunes and other coastal features that filter water and allow the coast to naturally adapt to the effects of climate change, she said.

The legislation, which will be applied nationwide, is expected to come into force within 12 to 18 months.

There are currently around 60,000 properties along Nova Scotia’s 13,000 kilometers of coastline, and about 70 percent of the province’s population lives within 20 kilometers of the coast.

More work needs to be done on mapping the affected areas to determine what types of setbacks need to be made, said John Somers of the Environment Department.

“The law focuses on spanning the high-water mark to allow for the dynamic movement of the coast … so there’s a lot of detail to work out there,” he said.

“And by the way, in [Halifax Regional Municipality] they already have a backlash across HRM, including downtown. There’s a minimum vertical setback of 3.8 meters above mean sea level, so it’s a fairly common approach to regulating land development near the coast.”

Nancy Anningson of the Ecology Action Center said the new rules will help prevent people from being put at risk in dangerous places negatively impacted by coastal climate change. (CBC)

The new rules do not affect minor renovations, such as For example, building a patio or conservatory on top of a cottage, Miller said.

The Ecology Action Center fully supports the new regulations, said Nancy Anningson, its lead coastal adaptation coordinator.

She said while some communities already have rules for building near shore, “it’s very diverse, it’s a little bit like the Wild West all over Nova Scotia.”

And not all current restrictions will be effective to prevent damage to buildings and coastlines as sea levels rise.

One development unlikely to move forward under the new law would be Queen’s Marque, a two-acre complex under construction on the Halifax waterfront next to the Maritime Museum of the Atlantic, Anningson said.

“The difficult thing about something like this is that this is forward-looking legislation and it’s happening now, which we’re excited about. If it had happened a few years ago we probably wouldn’t build it, that would be my guess.”

Coastal construction in Nova Scotia will be affected by new legislation dealing with rising sea levels and protecting the province’s eroding shoreline. (Robert Kurz/CBC)

There are other municipal “loopholes” addressed by the regulations, she added.

“If you didn’t know it when you bought this lot and built your dream home, you are in immediate danger. We have to prevent that.”

The regulations are expected to specify what type of sea level rise to expect and how much adjacent land will be affected.

“It’s tricky. I mean, there’s a certain amount of uncertainty in all of this. And you know, you’re trying to define a coastal protection zone, and literally the sand moves, the coast changes as it adapts,” Anningson said.

“There are margins, there are low, medium and high margins when people try to predict sea level rise. If we’re really talking about protection for the future, I think we have to start at the top end. This is our opportunity to say, let’s be safe.”

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Backyard Suites are separate freestanding buildings built either over an ancillary structure such as a garage or simply on their own. They are often referred to as granny suites, carriage houses, and could be shaped like a tiny house. Your ability to develop your property depends on the land use laws specific to the region you live in. Halifax is divided into several zones. Please refer to the Interactive Property Information Map to determine which bylaw zone governs your property. You can access the statutes of your zone directly from the map. Once you are aware of the development restrictions of your property, you can start planning your project.

things to know

On September 1, 2020, Halifax Regional Council approved all land use ordinances to allow backyard suites. The new rules mean you or your neighbor can get permission to install a backyard suite by getting the right permits. The following information describes the new rules for Backyard Suites: Maximum floor area: 90 m2 * or the maximum permitted size for an outbuilding (garage) for your zone; which is smaller

Designated Backyard Suite Parking Required: No

Size, Setbacks, Height: Same zoning requirements as for annexes (garages) For additional assistance in obtaining planning permission for an annex suite, see the Backyard Suite How-to Guide. Common Related Permissions:

You will need a building permit for the suite and even if there is water and sewage connection you will also need a water permit.

Depending on the scope of the project, you may also need a lot sorting permit and possibly a ROWD permit. A Backyard Suite building permit expires 2 years from the date of issue.

Frequently Asked Questions

1. May I have more than one adjoining suite or backyard suite?

No – you can have either an annex suite or a backyard suite. 2. Who can stay in a Backyard Suite?

Everyone. Backyard Suites can be used as housing for aging parents, adult children, or as a rental unit for the general public. 3. Can I have a backyard suite as an accessory for an apartment building?

no A backyard suite is only considered an accessory for low-density housing – one-unit apartments, two-unit apartments, or townhouse apartments. 4. Do I need a separate water or power meter to develop a garden suite?

Halifax Water allows you to connect to the side of the main house. However, should it be too difficult to connect to the side wall of the main residence, depending on the property, Halifax Water may consider adding a separate side wall for a backyard suite that connects directly to the street.

Regarding electricity meters, the backyard suite can share the same meter or a second meter can be installed depending on the owner’s preference. 5. Can I convert a tiny home into a garden suite?

A tiny home is a house that is usually smaller than 30 square meters. A tiny home can be developed as a backyard suite as long as it meets the requirements of the National Building Code. 6. Can the backyard suite have the same street number as the main apartment?

No – A backyard suite will be assigned a new citizen number separate from the main residence at the planning permission application stage. 7. Can I have a Backyard Suite and garage on my property?

Rules regarding the total number of outbuildings vary by community plan area and applicable land use statute. View the Interactive Property Information Map to determine which statute zone governs your property. You can access the statutes of your zone directly from the map.

documents required

Evidence is always required when applying for a permit. We consider a secondary suite to be a residential extension or renovation that requires the following documents: Floor plan Consists of a floor plan showing the interior layout of each floor, including:

Foundation, footing and wall locations

Rooms marked with suggested uses with full dimensions

Location of plumbing and electrical installations, drains, heating and ventilation equipment, all smoke detectors and carbon monoxide detectors

Size, space, and span of all framing members, including decks, steps, and stairways

Total area per floor and the total area of ​​the proposed building

Locations of foundations, footings and walls Spaces marked with proposed uses with full dimensions Location of plumbing, electrical fixtures, drains, heating and ventilation equipment Any smoke detectors and carbon monoxide detectors Size, space and span of all framing members including decks, steps and stairways Total area per floor and the total area of ​​the proposed building. A roof plan, which must include:

Display of roof structure, roof slopes, ridges/valleys/peaks and ventilation openings

detailed information about beams and columns that carry loads

Floor plan showing roof structure, roof slopes, crests/valleys/peaks and ventilation outlets Detailed information about beams and columns carrying loads A cross-section to be taken through an external wall from foundation to roof showing:

Size of the foundation and foundation wall and external degrees above the basement

all floor, roof and wall constructions

Size of foundation and foundation wall and outer grade above basement All floor, roof and wall construction Construction details and annotations such as B. All sources of heating, ventilation or other mechanical systems must be included. site plan

Must include the lot dimensions and building footprint and any projections such as decks, eaves and doorsteps. Also indicate the distance of the proposed building from all property lines, the location and dimensions of the driveway, existing buildings and setbacks to existing buildings.

Provide watercourse buffer and coastal area information (calculated according to applicable land use laws) as required. If the building is within the municipal service boundary, the following shall be included: Sewer, stormwater and water supply lines Fire service connection points Heights Dimensions of all sides of the structure including the finished slope, the total height to the highest point of the roof and the slope of the roof. Exterior finishes, window and door type, sizes and locations, including the height of the window sills from the ground. Total area of ​​each exposed building area, the area of ​​window, door and hood openings and required boundary distance, if known.

Location and dimensions of outside decks, stairways, guards and handrails.

Fire Hydrant Locations Documents normally required outside of municipal services: On-site Sewage System Notification Letter/Installation Certificate – Confirmation from Nova Scotia Environment that a Qualified Person has designed an on-site sewage system for the property. [NEW CONSTRUCTION ONLY]

NS Transportation Infrastructure (NSTI) Renewal Approval – Provincial-owned roads require approval from Nova Scotia Transportation and Infrastructure Renewal before any work can be performed on the roadway or within the freeway right-of-way, including the installation of an on-ramp or construction of any structure therein 100 meters from any highway.

document naming

Automated workflows have been designed to speed up the application process when clients use the document naming convention.

If these document names are not used during the application phase, the applicant must manually assign the correct document type to each document so that the system knows which document has been submitted.

inspections required

View the Important Inspection Information Sheet (PDF). We consider a backyard suite to be a residential building permit requiring the following inspections: Building code inspections

Each permit holder is responsible for requesting inspections at specific stages of construction. Required building inspections are included in the approval costs. Once approval has been granted, the required inspections for the project can be viewed by logging into their client portal account. These inspections check the building for compliance with the requirements of the Nova Scotia Building Code Regulations, Halifax Regional Municipality By-law B-201 Respecting the Building Code, and other relevant codes and standards. Although the required inspections may vary depending on the scope of work on the Addition project, building code inspections may include: Foundation Inspection: Performed when the foundations have been placed and formwork removed. Before Backfill Inspection: Performed after the foundation has been installed and made moisture proof with the drain tile in place and a minimum of 6 inches of stone. Underground Piping Inspection: Performed to check the piping beneath the concrete slab and any external storm or sewer lines. Underground Insulation Inspection: Conducted to verify that the insulation is installed under the concrete slab according to the code. Rough Inspection of Plumbing: Performed after the plumbing has been installed but before the insulation is placed in the walls. This is often done during the same site visit as the frame inspection.

Frame Inspection: Performed when all mechanical, plumbing and electrical components are installed. The building must be weatherproof. Before Drywall Inspection: Performed when all insulation and vapor barriers are completed. Final Plumbing Inspection: Review of the completed plumbing system. Necessary sanitary installations are to be installed and the hot water and heating system of the building must be in operation. This inspection is often carried out at the same time as the building inspection Building inspection: review of the structure and systems as a whole. A home must not be occupied until this inspection and issuance of a occupancy permit has been requested to ensure that all health and life safety issues have been addressed.

fees

Backyard Suite charges are based on building value. For detailed information on how Permit Fees are calculated and for a complete list of fee rates, visit the Permission Fees page. payment options

Full payment for the permit must be made at the time of application.

On-line

Payment can be made online during the application process. Online permit applications must be paid for online using Visa, MasterCard, Visa Debit, MasterCard Debit, or Amex. Only one type of payment is accepted through our online payment system.

Personally

If you prefer to pay in person, visit our planning and development desk at:

5251 Duke Street, 3rd Floor, Suite 300, Duke Tower, Halifax

8:30am – 12:00pm & 1:00pm. – 4:30 p.m. (closed between 12-1 p.m.)

Monday to Friday, excluding public holidays

apply online