Subdivision

Subdivision by instrument

Also known as separation of title or splitting title, subdivision by instrument may occur when the legal description on a certificate of title has two or more lot numbers and the proposed property line will coincide with the lot line(s) as shown on a registered plan.

Below is an example of a parcel suitable for subdivision by instrument. The certificate of title has a legal description which contains two lots, and the proposed subdivision creates a line between the two lots. The proposed lots must be easily described. In this example, one proposed lot is Lot 7 and the other proposed lot is Lot 8.

Example certificate of title. 



Example of property that is a candidate for subdivision by instrument.



Example of the site plan requirement for subdivision by instrument.

Subdivision by tentative plan

Subdivision by plan is required when the proposed lots cannot be easily described. A plan must be created by the applicant or an Alberta Land Surveyor to show the boundaries of each new lot. Upon approval of a subdivision by plan, an Alberta Land Surveyor prepares a plan of survey, based on monuments placed in the ground. The plan gets registered at the Land Titles Office.

Below is an example of a parcel suitable for subdivision by tentative plan. The certificate of title has a legal description which contains one lot.

Example of title.



Example of a property that is a candidate for subdivision by tentative plan.



Example of the site plan requirement for subdivision by tentative plan.​​​​​​​

Consider the location of the proposed subdivision line

The location and orientation of the proposed subdivision line will shape the new parcel size and dimension, which must comply with the land use district rules and must follow the existing lotting pattern on the block.

Check for road widening setbacks

The Land Use Bylaw Part 3, Division 1 contains a list of properties where road widening setbacks are required when a parcel is subdivided. The setback is required for additional roadway and a substantial amount of property may be affected. As a condition of approval, the land must be dedicated to The City of Calgary without compensation.

Consider the proposed vehicle access and if you will need authorization to alter an existing driveway or create a new driveway

Vehicle access is an important safety aspect of subdivision. Approval from Transportation may be required to alter or create a new driveway.

Check the certificate of title to ensure there are no registrations restricting the proposed development

The certificate of title lists registrations applicable to the parcel. They must be reviewed to ensure that there are no restrictions or right-of-ways in conflict with the proposed subdivision. If you do not understand the restrictions, seek legal guidance.

Consider the current location of the utilities and their potential to service the proposed subdivision

Some parcels may have utility constraints, such as a power pole located where vehicle access is desired, no accessibility to connect to a water main service line, or an existing gas utility right-of-way. To inquire about the underground utilities, contact Utility Safety Partners. The Real Property Report for the parcel will also indicate if there are any existing utility right-of-ways.

Relevant policies and resources

Subdivision is a legal process and must conform to the governing acts, regulations and bylaws:

• Municipal Government Act (MGA)
• MGA Subdivision and Development Regulations
• Land Titles Act
• 1P2007 Land Use Bylaw or applicable Direct Control District Bylaw

Parcels of land may also have additional policy plans and guidelines to adhere to, such as:

• Municipal Development Plan
• Calgary Transportation Plan
• Area Redevelopment Plan
• Low Density Residential Guidelines for Established Communities

Visit Planning & Development Publications to view these plans and guidelines.

Visit myProperty Map to view your parcel's land use district and additional applicable policy plans and guidelines.

Application submission

Subdivision applications are submitted online at calgary.ca/vista and are given an assigned file number for reference.

After submitting an application to Subdivision, in accordance with the provisions of section 653.1 of the Municipal Government Act, you will be notified in writing within 20 calendar days of your initial application status.  For a Subdivision application to be considered a “complete application” you will have to meet all the CARL requirements and make full payment upon submission. Once your application is determined to be complete a file manager will be assigned and the application will be sent for a circulation review.

If your application is incomplete - you will be notified in writing of the missing requirements and be given a deadline to submit. If by that deadline we still have not received all of the required information, your application will be deemed refused in accordance with the provisions of section 653.1 of the Municipal Government Act. We will then provide a notice to you of the deemed refusal  and no refund will be given for your application.

Circulation review

The application is reviewed by City of Calgary staff from Planning & Development, Transportation, Development Engineering and Parks, and utility companies where appropriate.  Sometimes community associations and ward councillors will view the application as well. The timeline for review and initial approval of the proposed subdivision is 60 days for subdivision by tentative plan and 21 days for subdivision by instrument. These timelines begin once the application has been accepted determined complete and circulation commences. If a decision cannot be made within the timeline, an extension agreement may be granted by the applicant. Or, the applicant may prefer to take a deemed refusal. An appeal may then be submitted to the Subdivision and Development Appeal Board within 14 days of the expiry date.

Decision rendered

Once the decision has been made on the application, a notification package is mailed electronically to the applicant including any required documents and information regarding the next steps. Once conditional approval is granted, the applicant has up to one year to satisfy any outstanding conditions and submit the endorsement documents, Separation of Title or Plan of Survey, for final approval.

Endorsement

The approval notification package contains information about submitting the final instrument and any other required information to The City. The endorsement of the final instrument is the last part of the subdivision approval from The City.

Registration

The applicant or land surveyor submits the endorsed final instrument (Separation of Title or Legal Plan) to the Land Titles Office for registration, along with any other required documents or agreements that must be registered at the same time. Refer to the Alberta Land Titles Office website for information regarding timelines for registration and other requirements.

Separation of Title example

New certificate of titles issued and application complete

Once the registration is processed by the Land Titles Office, new certificates of title will be issued for each new parcel created. This completes the application for subdivision. This completes the application for subdivision. For more information please visit Alberta Services.

Public notification and appeals

When required, a circulation package is sent electronically to the community association and ward councillor. A notification letter may be mailed to the adjacent property owners. A response is required within 14 days.

The applicant may appeal the application decision or a condition of approval to the Subdivision and Development Appeal Board within 14 days of notification of a subdivision decision. Adjacent property owners cannot appeal a subdivision application decision.