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