A draft Plan of Condominium is used to divide property to allow an individual to own part of a building (or unit) and a share of the property's common areas. This Plan can apply to new and existing residential, commercial and industrial buildings. The Condominium Act identifies five types of condominiums, including:
- Standard Condominium – this type of condominium includes individual units and may include common elements;
- Phased Condominium – the intention to create a phased condominium must be indicated in the declaration and applies to standard condominiums only. The phases occur by way of an amendment to the declaration;
- Vacant Land Condominium – the units within this type of condominium are not part of a building or structure and are located on one level. This type of condominium contains common elements and must be freehold;
- Common Element Condominium – this type of condominium does not include units. The owners of the common interest are owners of freehold parcels of land, which are also known as POTLs. These parcels are not part of the condominium property; and,
- Leasehold Condominium – this type of condominium includes leased land where owners have a leasehold interest in the units and common elements.
How to Apply
A Pre-Submission Meeting with Planning staff is encouraged prior to submitting a development application. The purpose of this meeting is for the applicant to present a development proposal on a preliminary basis to confirm the approvals required for the development of a site, identify the studies and technical requirements and to provide feedback and collaboratively discuss the development proposal.
Please note that all applications are subject to the Tariff of Fees By-Law 94-23.
Under the Planning Act, Richmond Hill has the authority to approve all draft Plans of Condominium. The Application process (where no other application is proposed) is as follows:
- A Pre-Submission Meeting may be held with Development Planning Division staff prior to the submission of a formal application. Following the meeting, the Development Planning Division issues a Submission Requirements letter. If a Condominium Exemption is sought under Section 9(6) of the Condominium Act, the request for the exemption must be made to the City as part of the Pre-Submission Meeting process. Exemptions will only be considered for applications that have received recent Planning Act approvals.
- The City receives a completed Consolidated Development Application Form, including a response to Richmond Hill's Submission Requirements letter and all other submission requirements.
- Once the application is deemed complete, the Development Planning Division circulates the application to other City departments and applicable external agencies for review and comment.
- For Vacant Land Draft Plan of Condominium applications, a statutory Council Public Meeting is held to provide an overview of the application and to receive comments from Council and the public.
- Following the Council Public Meeting (where required) and/or circulation of the application, the Development Planning Division prepares a recommendation report, inclusive of conditions of draft approval (as applicable) for consideration by the Committee of the Whole and the Committee decides to approve, deny or defer the application.
- Following approval of the application at a Council Meeting, the Development Planning Division issues a Notice of the Draft Approval and a 20-day appeal period begins. If the application is denied or referred back to staff, an appeal of the application to the Ontario Land Tribunal can be made in accordance with the Planning Act.
- If there are no appeals received within the 20-day period, your draft Plan of Condominium and related conditions of the draft approval become final and binding.
- The applicant clears all conditions of approval and prepares the final plan for review and approval.
- The City of Richmond Hill clears the final plan, declaration and required submission materials for the Land Registry Office.
- The Plan of Condominium is registered.
Email the Planning Division or call 905-771-8910, if you have any questions about your application. You can also visit the Planning and Building Services Department in person at the City of Richmond Hill's main Municipal Offices located at:
225 East Beaver Creek Road, Ground Floor
Richmond Hill, ON L4B 3P4