Draft Plan of Condominium
A draft Plan of Condominium is used to divide property to allow an individual to own part of a building (or unit) or land and a share of the property's common areas. Draft Plan of Condominium's can apply to new and existing residential, commercial and industrial buildings. The Condominium Act, 1998 identifies five types of condominiums, including:
- Standard Condominium – this type of condominium has no standard physical layout or structure and may include individual units and/or common elements. Standard condominiums can apply to residential, commercial, industrial and mixed uses;
- Phased Condominium – this type of condominium is a standard condominium that is phased through amendments to the original condominium declaration and description plans. The intention to create a phased condominium must be stated in the condominium declaration;
- Vacant Land Condominium – this type of condominium is one that contains at least one unit with no structures on it at the time of registration of the condominium’s declaration and description. Vacant lots are the “units” and the common elements include roads, parking etc. This type of condominium is mostly used for single detached dwellings but can also be used for industrial or commercial units;
- Common Element Condominium – this type of condominium does not include units and is comprised only of common elements. The owners own parcels of tied land (called “POTLs”) and the common interest in the condominium (i.e. private road, amenity areas, parking) attaches to their POTL instead of the unit. The POTLs are not part of the condominium; and,
- Leasehold Condominium – this type of condominium is where the lands are leased instead of owned by the declarant. The owner of the lands leases the lands to the declarant who in turn subleases them to the condominium. The owners end up owning a leasehold interest in their units instead of a freehold interest. The term of the lease on the lands is between 40 and 99 years.
How to Apply
A Pre-Submission Meeting with Planning staff is strongly 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.
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.
- Draft Plan of Condominium Application [Online fillable form]
- The City receives a completed Draft Plan of Condominium application, including a response to Richmond Hill's Submission Requirements letter and all other submission requirements. As part of the Draft Plan of Condominium application online submission, the Authorization of Applicant/Registered Owner(s) must be completed.
- 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, the 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 Development 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