The Condominium Act classifies five types of condominium corporations (alone or in combination). These are:

  • Leasehold
  • Freehold, of which there are four types:
    • Common Elements
    • Phased
    • Standard
    • Vacant Land

You will need to determine which type of condominium corporation you wish to establish before filing your application. You should also consider applying for Zoning Applicable Law Certificate Program (ZAP) review that will identify any features of your proposal that do not comply with the Zoning By-law.

The Condominium Act (Section 9(2)) states that an application for condominium is processed in the same way as a Plan of Subdivision under Section 51 of the Planning Act, with necessary modifications.

This Act grants the City the authority to regulate the division of land and/or buildings through Plans of Condominium. This authority is used to regulate division of land and/or buildings into parcels or units that may be sold as part of a condominium corporation. It is also used to ensure that the rights of future owners are protected and that any interests or obligations in favour of the City are transferred from you to the future owners.

Application Requirements

To ensure the City’s interests are met and to appropriately assess the merits and technical aspects of your proposal, the City requires submission of a number of information items with your application(s), listed below.

In addition to the prescribed requirements of the Planning Act, the following information and material will be required under the Planning Act and the Official Plan, unless it is determined that certain studies, plans, drawings and reports are not applicable.

Forms

 Plans

Information/Studies

All submissions must include a covering memo listing all submitted materials along with the Submission Checklist.

The process for submitting a planning application to the City is as follows:

  • Prepare all of the materials identified under the Application Requirements that apply to your application.
  • Review the Planning Act and the Official Plan to ensure you have provided the required application information and materials to support the application in accordance with the City’s Terms of Reference.
  • Contact the district Planning Consultant (listed under Contact Information) to submit your application and receive instructions on how to make payment.
  • Upload your materials to the Application Submission Tool
  • Make your payment and provide the record of payment to the district Planning Consultant.

Review Procedure

After receiving your submission (which includes all application requirements and payment), the City will circulate your application to City divisions and external agencies and issue a written decision as to whether the submission is complete or incomplete in accordance with the City’s minimum application requirements (refer to the Complete Application Decision section below).

Complete Application Decision

The Toronto Official Plan provides the City the statutory authority to require information, studies and plans for submitting a complete application beyond the prescribed requirements of the Planning Act. The City will consider your application to be “complete” when it includes all of the minimum application requirements.

Within 30 days of making your submission (including payment), you will be advised in writing as to whether the submission is complete or incomplete.

Submitting a complete application to the City will allow for a more efficient and comprehensive review of all materials and will mark the beginning of time period under the Planning Act for the City to make a decision on the application.

The City will consider your application to be “incomplete” if it does not meet the minimum application requirements. Incomplete Application Notifications will be accompanied by a list of outstanding information and/or material that must be submitted for your submission to be determined to be complete.

If you disagree with the City’s determination of whether the submission is incomplete or if the City does not make a decision on the completeness of the submission within 30 days, the Planning Act allows you to file a motion for directions to request the Ontario Land Tribunal determine whether the information and material have in fact been provided; or whether a requirement was reasonable.

You are encouraged to submit all outstanding information and material as one comprehensive package. The application circulation and review process will only begin once a complete application is made to the City.

Application Circulation

Your application will be circulated to a number of City Divisions and/or Agencies, Boards and Commissions for detailed technical review and comment.

Depending upon the circumstances of your property, external agencies may also be asked to comment on your proposal. Refer to the External Agencies, Boards and Commissions web page for a list of external agencies.

Response to Applicant

The planner assigned to your application will coordinate responses from the circulation. These responses will be forwarded for you to consider as you revise your proposal.

Application Revision and Resubmission

In response to the comments on your initial submission, you may be asked to revise your proposal and/or provide additional information and material. Revised and/or additional information and material should be discussed and co-ordinated with the planner and resubmitted through Toronto Building customer service staff.

You must include a covering letter with all resubmissions that clearly indicates how and where your proposal has been revised and, if appropriate, why any requested revisions were not made.

Recirculation, Further Revisions and Finalization of Application

This step in the process involves:

  • Recirculating your revised proposal to the City Divisions, and/or Agencies, Boards and Commissions that need to review the changes;
  • Holding further discussions over new material and/or technical matters; and
  • Undertaking subsequent resubmissions and re-circulations arising from these considerations.

These steps may be repeated until your application is finalized.

Satisfying Conditions for Draft Plan of Standard, Phased or Common Elements Condominium

If no appeal is submitted, approval of your Plan of Condominium is deemed to be in effect on the day that it was passed. You can begin to satisfy the conditions of draft approval and work towards the registration of your Plan of Condominium.

A number of conditions may be imposed in the Notice of Decision for draft plan approval that must be cleared prior to the issuance of final approval.

The following are standard conditions and instructions on how they may be cleared.

  • The plans submitted for final approval and registration must be in accordance with the approved draft plans specified.
    • The planner will compare the Condominium Plan submitted for registration with the Plan referenced in the Condominium approval to see that there are no changes. The Plan submitted with the Condominium Application has been compared to and is the same as the approved Site Plan for the development. If you are aware that the plan has changed, you need to advise the planner of this so that a decision can be made on what steps are necessary to proceed.
  • The owner shall provide to the district Director of Community Planning confirmation that the taxes have been paid in full.
    • In the final stages of clearance of conditions and as close to registration of the condominium plan as possible, go to the City’s tax division and obtain a statement of account or tax certificate which shows the taxes have been paid to date.
  • The owner shall file with the district Director of Community Planning a complete copy of the final version of the Declaration and Description to be registered, which includes the following schedules:
    • Schedule “A” containing statement from the declarant’s solicitor that in his or her opinion, based on the parcel register or abstract index and the plans and drawings recorded in them, the legal description is correct and the easements mentioned in the schedule will exist in law upon the registration of the Declaration and Description;
    • Schedule “G” being the certification of the project engineer and/or architect that all buildings have been constructed in accordance with the regulations made under the Condominium Act.
      • When the owner files a copy of the Declaration with the City of Toronto, it shall be accompanied with a letter of undertaking, stating that, “This is our undertaking to register the Declaration in the same form and content as was provided to you, subject to any changes the Land Registrar may require.” This is also our undertaking to provide you with a registered copy of the Declaration once it is registered. If the Land Registrar requires any amendments to the Declaration, we will advise you. This condition is satisfied by submitting a copy of the Declaration to the planner. If there are approval authority conditions to be included in the Declaration and Description, you might want to submit a draft copy first to ensure the wording is acceptable to the City. Once the City is satisfied, your Solicitor should provide the Planner with a final version of the Declaration and Description together with an undertaking that includes the wording in the condition. The undertaking is necessary to satisfy the City that the declaration containing the wording as approved will be what is registered on title.
  • Visitor parking spaces will be clearly delineated on the condominium plan to be registered and the Declaration shall contain a clause clearly specifying visitors parking shall form part of the common elements and neither be used by or sold to unit owners or be considered part of the exclusive use portions of the common elements.
    • If the site requires visitor parking spaces, this condition is satisfied by providing the planner with a draft declaration containing the wording in the condition.
  • The owner shall file with the district Director of Community Planning, a copy of the final Declaration and Description which contains a provision satisfactory to the Chief Planner or his designate whereby non-disabled owners and/or occupants of non-visitor handicapped parking units shall be obligated, upon notification by the condominium corporation, to exchange, at no cost to the disabled driver, the use of the handicapped parking unit with a disabled driver’s non-handicapped parking unit.
    • If the site requires handicapped parking spaces, this condition is satisfied by providing the planner with a draft declaration containing the wording to best reflect the arrangement for the specific type of parking. Alternatively, non-visitor handicapped parking spaces can be made common element, however, all condominium documents including the Declaration and Description must state that the condominium corporation will retain control over the spaces and that they cannot be made exclusive use portions of the common element. All non-visitor handicapped parking spaces must conform to one of the alternatives identified above.
  • The Owner shall ensure that there are separate water meters for the different components of the building or shall include wording in the Declaration that the services are to be shared and will designate who will be responsible to the local water authority (not to the City of Toronto in case of a change in the future) for payment in full of the water bill.
    • This condition is only used in the event that the condominium application may on registration result in two or more legal entities and it is satisfied by providing a draft declaration to the planner that contains wording in the condition.
  • The owner shall file with the district Director of Community Planning, fully executed copies of the following certificates satisfactory to the said Director:
    • certification from the applicant’s solicitor with respect to the creation of necessary easements;
    • certification from the applicant’s surveyor with respect to the identification of necessary easements;
    • certification from the applicant’s engineer with respect to the identification of necessary easements.
  • If the condominium is not registered within 5 years of the date of draft plan approval, then this approval shall be null and void and the plans and drawings must be resubmitted to the City of Toronto for approval.
    • In advance of the final registration the planner will check to ensure that the approval has not expired and the condominium can still be registered within the timelines in the condition.

After receiving your submission (which includes all application requirements and payment), the City will circulate your application to City divisions and external agencies and issue a written decision as to whether the submission is complete or incomplete in accordance with the City’s minimum application requirements (refer to the Complete Application Decision section below).

Within 14 days of submission, you will be required to post a sign on the subject property in accordance with the procedures outlined in the application form.

Complete Application Decision

The Toronto Official Plan provides the City the statutory authority to require additional information, studies and plans for submitting a complete application beyond the prescribed requirements of the Planning Act. The City will consider your application to be “complete” when it includes all of the minimum application requirements.

Within 30 days of making your submission (including payment), you will be advised in writing as to whether the submission is complete or incomplete.

Submitting a complete application to the City will allow for a more efficient and comprehensive review of all materials and will mark the beginning of the time period under the Planning Act for the City to make a decision on the application.

For Vacant Land Draft Plan of Condominium applications, within 15 days of your submission being deemed complete, the City Clerk will also issue a formal Notice of Application to the public in the newspaper, in accordance with the Planning Act.

The City will consider your application to be “incomplete” if it does not meet the minimum application requirements. Incomplete Application Notifications will be accompanied by a list of outstanding information and/or material that must be submitted for your submission to be determined to be complete.

If you disagree with the City’s determination of whether the submission is incomplete or if the City does not make a decision on the completeness of the submission within 30 days, the Planning Act allow you to file a motion for directions to request the Ontario Land Tribunal determine whether the information and material have in fact been provided; or whether a requirement was reasonable.

You are encouraged to submit all outstanding information and material as one comprehensive package. The application circulation and review process will only begin once a complete application is made to the City.

Application Circulation

Your application will be circulated to a number of City Divisions and/or Agencies, Boards and Commissions for detailed technical review and comment.

Depending upon the circumstances of your property, external agencies may also be asked to comment on your proposal. For example, if your property is close to a watercourse, the Toronto and Region Conservation Authority will be asked for their input and/or approval (a service for which the TRCA charges). If your property is next to a rail line, the appropriate rail authority will be asked to comment. Refer to the External Agencies, Boards and Commissions web page for a list of external agencies that may be asked to comment on your application.

Community Consultation Meeting

Although not required by the Planning Act, and it is rare for these applications, staff may hold a meeting with the local community on your Vacant Land Plan of Condominium application. The meeting is organized by City Planning staff and usually attended by the Ward Councillor.

The community consultation meeting:

  • allows staff to explain the planning process to the local community;
  • allows the applicant to publicly present their proposal;
  • allows the local community to comment on the proposal; and
  • provides public input for City Planning to consider when evaluating the proposal.

Response to Applicant

The planner assigned to your application will co-ordinate responses from the circulation along with any comments received from the Ward Councillor and the local community. These responses will be forwarded for you to consider as you revise your proposal.

Application Revision and Resubmission

In response to the comments on your initial submission, you may be asked to revise your proposal and/or provide additional information and material. Revised and/or additional information and material should be discussed and co-ordinated with the planner and resubmitted through Toronto Building customer service staff.

You will be asked to include a covering letter with all resubmissions that clearly indicates how and where your proposal has been revised and, if appropriate, why any requested revisions were not made.

Recirculation, Further Revisions and Finalization of Application

This step in the process involves:

  • Recirculating your revised proposal to the City Divisions, and/or Agencies, Boards and Commissions that need to review the changes;
  • Holding further discussions over new material and/or technical matters; and
  • Undertaking subsequent resubmissions and re-circulations arising from these considerations.

These steps may be repeated until your application is finalized.

Public Meeting at Community Council

The Planning Act requires that the City to hold a public meeting when considering applications for Vacant Land Plan of Condominium. The public meeting takes place at the meeting of one of the four Community Councils considering your proposal

Once your application has been finalized, the City will issue a formal notice of the public meeting. The City also requires that you post the date and time of the public meeting on the sign erected on the property.

City staff will prepare and submit a Report with recommendations on your application to Community Council. At the public meeting, members of Council will consider the staff report and provide a public forum for debate on the merits of your application. You have an opportunity to present and respond to questions about your proposal and the public can write in or attend to make their views known before Community Council makes a recommendation on your application.

City Council Decision

Community Council are empowered to make recommendations on your application to City Council. City Council has delegated the approval authority for Vacant Land Plans of Condominium to the Chief Planner and makes recommendations to the Chief Planner based on the input of the Community Council.

Draft Approval of Plan of Condominium

City Council has delegated approval authority for Plans of Condominium, with the exception of rental residential conversions, to the Chief Planner. The Chief Planner will issue draft approval of your application, with any appropriate conditions attached.

The Planning Act provides an appeal process once the City approves your Plan of Condominium. The City will issue a notice within 15 days of the Chief Planner’s draft approval. After this notice has been issued, there is a 20-day period within which a party can appeal this approval to the Ontario Land Tribunal. If no appeal is submitted, the approval is deemed to be in effect.

A similar appeal procedure applies should the City refuse your application.

This section outlines the steps the City will undertake to review your application to convert an existing rental property to condominium tenure. It also provides important milestones so you can monitor the progress of your application through the review process.

City Council has retained the authority to make decisions on Rental Residential Conversion applications involving buildings with six or more rental units and less than six rental units if requested by the Ward Councillor.

Important Information for Residential Rental Conversions

In addition to Plan of Condominium approval, these proposals may also require approval by City Council of both a Rental Housing Demolition and Conversion application under Section 111 of the City of Toronto Act and an Official Plan Amendment application.

In the interim, for further information on review procedures regarding Rental Housing Demolition and Conversion applications, please contact Community Policy staff at communitypolicy@toronto.ca.

Pre-Application Inquiry

You are strongly encouraged to schedule a Pre-Application Inquiry with City staff to discuss your proposal. Please contact the Planning Consultant at your local district for more information.

Review Procedure

After receiving your submission (which includes all application requirements and payment), the City will circulate your application to City divisions and external agencies and issue a written decision as to whether the submission is complete or incomplete in accordance with the City’s minimum application requirements (refer to the Complete Application Decision section below).

Complete Application Decision

The Toronto Official Plan provides the City the statutory authority to require information, studies and plans for submitting a complete application beyond the prescribed requirements of the Planning Act. The City will consider your application to be “complete” when it includes all of the minimum application requirements.

Within 30 days of making your submission (including payment), you will be advised in writing as to whether the submission is complete or incomplete.

Submitting a complete application to the City will allow for a more efficient and comprehensive review of all materials and will mark the beginning of time period under the Planning Act for the City to make a decision on the application.

The City will consider your application to be “incomplete” if it does not meet the minimum application requirements. Incomplete Application Notifications will be accompanied by a list of outstanding information and/or material that must be submitted for your submission to be determined to be complete.

If you disagree with the City’s determination of whether the submission is incomplete or if the City does not make a decision on the completeness of the submission within 30 days, the Planning Act allows you to file a motion for directions to request the Ontario Land Tribunal determine whether the information and material have in fact been provided; or whether a requirement was reasonable.

You are encouraged to submit all outstanding information and material as one comprehensive package. The application circulation and review process will only begin once a complete application is made to the City.

Application Circulation

Your application will be circulated to a number of City Divisions and/or Agencies, Boards and Commissions for detailed technical review and comment.

Depending upon the circumstances of your property, external agencies may also be asked to comment on your proposal. Refer to the External Agencies, Boards and Commissions web page for a list of external agencies.

Community Consultation Meeting

City Council has directed that the local community, including existing tenants, be consulted on Rental Residential Conversion applications involving buildings with six or more rental units and less than six rental units if requested by the Ward Councillor. This meeting is organized by City Planning staff and usually attended by the Ward Councillor.

The City will, at least 14 days before the meeting, issue notice of the meeting to tenants of the subject building by mail and to the general public by placing an advertisement in the local community newspaper. You will be requested to pay for the cost of providing notice of the meeting.

The community consultation meeting:

  • allows staff to explain the planning process to the local community;
  • allows the applicant to publicly present their proposal;
  • allows the local community to comment on the proposal; and
  • provides public input for City Planning to consider when evaluating the proposal.

Response to Applicant

The planner assigned to your application(s) co-ordinates responses from the circulation along with any comments received from the Ward Councillor and local community. These responses will be forwarded for you to consider as you revise your proposal.

Application Revision and Resubmission

In response to the comments on your initial submission, you may be asked to revise your proposal and/or provide additional information and material. Revised and/or additional information and material should be discussed and co-ordinated with the planner and resubmitted through Toronto Building customer service staff.

You will be asked to include a covering letter with all resubmissions that clearly indicates how and where your proposal has been revised and, if appropriate, why any requested revisions were not made.

Recirculation, Consultation, Further Revisions and Finalization of Application

This step in the process involves:

  • Recirculating your revised proposal to the City Divisions, and/or Agencies, Boards and Commissions that need to review the changes;
  • Holding further discussions over new material and/or technical matters;
  • Conducting further consultations with the Ward Councillor or the local community; and
  • Undertaking subsequent resubmissions and recirculations arising from these considerations.

These steps may be repeated until your application is finalized.

Public Meeting at Community Council

City Council has retained the authority to make decisions on Rental Residential Conversion applications involving buildings with six or more rental units and less than six rental units if requested by the Ward Councillor. City Council has also directed that a public meeting be held to consider all such applications. This meeting is usually held at the appropriate Community Council or, if the application has City-wide significance, the Planning and Housing Committee. Once your application has been finalized, the City will issue the notice of the public meeting.

City staff will prepare and submit a Report with recommendations on your application(s) to Community Council. At the public meeting, members of Council will consider the staff report and provide a public forum for debate on the merits of your application(s). You have an opportunity to present and respond to questions about your proposal and the public can write in or attend to make their views known before Community Council makes a recommendation on your application(s).

City Council Decision

For Rental Residential Conversion applications involving buildings with six or more rental units and less than six rental units if requested by the Ward Councillor, Community Councils and the Planning and Housing Committee are empowered to make recommendations on your application to City Council for final decision. Based on these recommendations, City Council may approve or refuse your application to convert rental residential buildings to condominium tenure.

Draft Approval of Plan of Condominium

Should City Council approve your application, it will direct the Chief Planner to take any action necessary to give effect to that decision, including the provision of appropriate conditions.

Among other conditions, you may be required to undertake a Comprehensive Reserve Study, which may include:

  • Physical analysis of the building components, to be undertaken by a qualified consultant agreeable to the City, evaluating the structural soundness and general condition and maintenance of the building and associated facilities, and the repairs needed to bring the building and facilities into compliance with property standards.
  • Financial analysis of the contributions to the reserve fund that will be required to be paid over a period of time (not less than 30 years).

The Planning Act provides a process to appeal City Council’s decision should your Rental Residential Conversion application be approved.

The City will issue a notice within 15 days of the Chief Planner’s draft approval. After this notice has been issued, there is a 20-day period within which a party can appeal this approval to the Ontario Land Tribunal. If no appeal is submitted, approval of your Plan of Condominium is deemed to be in force on the day that it was passed. You can begin to satisfy the conditions of draft approval and work towards the registration of your Plan of Condominium.

A similar appeal procedure applies should the City refuse your application.

*Words in bold are defined in the Glossary of Terms.