Draft Plan of Condominium Application

Answer

Ontario’s Planning Act (Section 51) and Condominium Act (Section 9(2)), grants the City authority to regulate the division of property to allow an individual to own part of a building (or unit) and a share of the property’s common areas, through Plans of Condominium.

A Draft Plan of Condominium is similar to a Draft Plan of Subdivision in that it is a way of dividing property. A condominium, or condo, can be individually owned units in a complex or a building containing multiple units. 

The Condominium Act identifies the following four (4) types of freehold condominiums:

  • Standard Condominium 
  • Common Elements Condominium 
  • Phased Condominium 
  • Vacant Land Condominium

The Condominium Act identifies the following leasehold type of condominium:

  • Leasehold Condominium 

A rental building does not require a Draft Plan of Condominium Application.

Answer

A Draft Plan of Condominium Application establishes the occupancy, or ownership structure, for a building. Unit owners have individual ownership of their personal units and share possession and responsibility, usually through a condo board, of common spaces with others who live there. A Draft Plan of Condominium shows the common elements for the building (e.g., lobbies, corridors, and amenity areas), the shape, size, and locations of the units. A plan of survey is always included in the Draft Plan of Condominium Application.

A Development Application Form is required for Draft Plan of Condominiums in accordance with the Development Application Submission Process. Information related to Draft Plan of Condominium Applications can be obtained by calling 905-832-2281 or by emailing DevelopmentPlanning@vaughan.ca

Answer

Pre-Application Consultation

Before submitting a Development Application for a Draft Plan of Condominium for a Vacant Land condominium, the landowner must arrange a Pre-Application Consultation (PAC) meeting with the Development Planning Department. The purpose of this meeting is for the landowner to present a proposal and for City staff to identify, on a preliminary basis only, the required information for a complete submission of the Draft Plan of Condominium Application.

To arrange a PAC Meeting, please contact the Development Planning Department at 905-832-2281 or by emailing DevelopmentPlanning@vaughan.ca.

Please note that a PAC meeting is only required for Vacant Land Condominium applications. For more information regarding the submission requirements for the other types of Draft Plan of Condominium Applications, please refer to the Development Application Submission Process.

Submitting a Draft Plan of Condominium Application

When a Draft Plan of Condominium application is submitted, the landowner must pay a processing fee in accordance with the Fees and Charges By-law 

The planner assigned to the file will send an acknowledgment letter to the landowner advising the file number and setting out any additional requirements to be completed. For Vacant Land Condominiums the City is also required to send a "Notice of Complete Application" to the landowner within 30 days of receipt of the application and to the public with 15 days of the Notice of Complete Application being issued to the landowner, if all application requirements identified at the PAC meeting are satisfied. If all requirements are not satisfied, a "Notice of Incomplete Application" will be sent to the landowner within 30 days of receipt of the application. The application will be circulated to all affected internal departments and external agencies. 

For Vacant Land Condominiums, a public notification sign advising that a complete Draft Plan of Condominium application has been submitted must be erected on the property in accordance with the Planning Act and the City's Notice Signs Procedures and Protocols.

A Draft Plan of Condominium Application is required to be processed in accordance with the statutory timelines prescribed in the Planning Act

No Public Meeting is required for Draft Plan of Condominium Applications; however, the City is still required to provide Notices of Decision to all entitled persons and public bodies. 

Committee of the Whole

Although a Public Meeting is no longer required for Draft Plan of Condominium Applications, the Development Planning Department is still required to assess all types of Draft Plan of Condominium Applications and to receive comments and/or conditions from circulated parties, followed by the preparation of a Technical Report, with a recommendation to the Committee of the Whole. The recommendation of the Committee of the Whole is then forwarded to a Vaughan Council meeting for approval.  

Condominium Agreement

The Development Planning Department is responsible for preparing the Condominium Agreement for an approved Draft Plan of Condominium application, based on the conditions of Draft Plan of Condominium approval.

Ontario Land Tribunal Appeal Process

Section 51 of the Planning Act states that if an application is made for approval of a Draft Plan of Condominium and City Council fails to make a decision on it within 120 days after the day the application is received by the City, the applicant may appeal to the Ontario Land Tribunal with respect to the proposed subdivision by filing a notice with the Office of the City Clerk.

If City of Vaughan Council approves or refuses to give approval to a Draft Plan of Condominium application, the Development Planning Department, within 15 days of Council’s decision, gives written notice of it in the prescribed manner to: the landowner, each person or public body that made a written request to be notified of the decision, a municipality or a planning board for a planning area in which the land to be subdivided is situated, and any other person or public body that is prescribed, in accordance with Section 51 of the Planning Act.

Following the written Notice of Decision, the 20-day appeal period starts, within which a party prescribed by Section 51 of the Planning Act can appeal this decision to the Ontario Land Tribunal. Once this period expires, and if no appeals have been received, a Final Notice of Decision is given, and the draft approval of the Plan of Condominium comes into full force and effect on the day it was approved by Council.