Applications for Consent
Whether you're planning to build something new or make changes to your land, this page can help you understand the process and requirements to make sure everything goes smoothly.
You will need to complete a Consent Application with the City of Burlington's Committee of Adjustment If you are looking to:
- Establish a lease
- Establish easements/right-of-ways
- Establish a Validation of Title
- Perform a lot addition
- Sever a property into one or two new lots
If you are creating more lots, you will need to apply for a plan of subdivision.
How to apply for a Consent
View the steps below to learn how to apply for a land consent with the committee.
1. Mandatory Pre-consultation
Before submitting a formal Consent application with the City, you must complete the mandatory pre-consultation process by completing the Online Pre-consultation Meeting Request Form and following the instructions on the form to include all necessary information and fees to go along with your request.
Please allow for at least three weeks between receiving your submission and pre-consultation comments provided, to allow staff to circulate the request to relevant departments and agencies for their comments.
Pre-consultation comments are provided in a report format. If the applicant wishes to discuss the comments further, a virtual or in-person meeting can be set.
We credit your pre-consultation fee to your Consent application as long as you submit it within one year of the pre-consultation meeting date.
If your proposed development application is substantially different from the one you presented during the pre-consultation meeting, the fee will not be credited. A new pre-consultation meeting and fee may be required. We will not credit additional pre-consultation fees to a future development application fee.
2. Review and complete our Consent Application Form
Download, review and complete one Consent Application Form. The form details processes and requirements for submission.
- Please download, review and complete the Region of Halton's Protocol for Reviewing Development Applications with Respect to Contaminated or Potentially Contaminated Sites. Please note if your Consent application needs Minor Variances, please fill out a Minor Variance application for each lot.
- Follow the instructions listed on the Land Consent Application Form and any instructions you've received from staff during your pre-consultation meeting. Complete your application and submit it with any necessary fees.
Validation of Title
A “Validation of Title” application is a way to legally fix past mistakes in how land was sold or mortgaged so that the property’s title is treated as if the mistake never happened. It does not create a new lot; it simply repairs a broken chain of title caused by a past contravention of Ontario’s Planning Act.
What validation of title is
- It is a formal process under section 57 of the Planning Act that allows a municipality (or other consent authority) to issue a “certificate of validation.”
- That certificate “legalizes” an earlier transfer, mortgage, or other document that was technically void because Planning Act requirements were not followed at the time
What the validation certificate does
- It “turns back the clock” and treats the earlier offending transfer or interest as if the Planning Act breach had never stopped it from taking effect, thereby restoring a clean, marketable title.
- It does not sever land or create a new lot; it only fixes a past conveyance or interest that should have been valid but was not because proper Planning Act approvals were missing.
How the application is assessed
- The decision‑maker must apply essentially the same planning tests used for a consent (land severance) application, including the criteria in subsection 51(24) of the Planning Act, and the specific validation regulation (O. Reg. 144/95).
- The certificate can only be issued if the situation it legalizes conforms with any applicable official plan, zoning by‑law, and any Minister’s zoning order; if it does not conform, the application may not be processed or approved.
How to apply for a Validation of Title
Review and complete our Validation of Title Application Form
Download, review and complete one Validation of Title Application Form. The form details processes and requirements for submission.
1. Complete your application form and supporting documentation
- Completed application form, signed by the Owner or authorized agent, including all questions about ownership, land history, and purpose of the application.
- Application Fee (see payment instructions contained in the application form)
- Survey and mapping documents
- A recent OLS stamped survey or reference plan (R‑plan) showing the exact boundaries and dimensions of the land to be validated;
- A key map / sketch showing:
- the subject land in relation to nearby roads and properties
- existing buildings, driveways, easements, etc.
- the part(s) of the land affected by the invalid transfer or interest.
- Planning and Legal background information
- A brief legal opinion explaining property ownership:
- Chronology of events that outline the history of the property and that details how the title contravention occurred;
- what instrument(s) need to be validated
- why validation will not create any new lot beyond what planning approvals intend.
- Any relevant supporting decisions or approvals, such as:
- prior consents or severances affecting the land
- minor variances or zoning approvals
- applicable subdivision or reference plans.
- A brief legal opinion explaining property ownership:
Follow the instructions listed on the Validation of Title Application Form and any instructions you've received from staff during your preliminary discussions. Complete your application and submit it with any necessary fees.
2. Submit your application and supporting documentation
Once you have all necessary information and forms, please submit your completed PDF application and supporting materials to the Committee of Adjustment.
How to apply for a Change of Conditions
Section 53(23) of the Planning Act allows for Council or the Minister, as the case may be, to change the conditions of Provisional Consent at any time before a consent is given.
1. Consulting with Staff
Consult with Committee of Adjustment staff regarding your request to change conditions to see if this is an appropriate process for what you are trying to achieve;
2. Completing and submitting your application and materials
Download, review and complete your Change of Conditions Application form by following the instructions listed on the Change of Conditions Application Form and any instructions you've received from staff during your preliminary discussions. Once you have all necessary information and forms, please submit your completed PDF application and supporting materials to the Committee of Adjustment. Staff will advise of any necessary fees at that time.