Subdivision is the division of any area of land into two or more lots and includes joining lots or changing boundary lines. Whether you and your neighbour are just swapping pieces of property, or if you are designing a residential development creating many lots, approval of a plan of subdivision is required.
What is the Subdivision By-law?
The Municipal Government Act gives municipalities the right to adopt a Subdivision By-law. This By-law controls the subdivision of land and protects the owner by ensuring that lots which are created can be used as intended. pdf
The West Hants Subdivision By-law
(372 KB) regulates the creation of new lots, additions to lots, consolidation of lots, boundary adjustments, and the construction of new roads and the installation of municipal services.
How do I apply?
1. Contact the Development Officer to discuss your project. This is necessary because different areas require different lot sizes and frontages depending on their location and zone. 2. Contact the Public Works Department to determine whether the lot can be serviced by sewer and/or water. a) If sewer services are not available, the lot must meet Nova Scotia Environment requirements for the installation of an on-site sewage disposal system. b) If municipal water services are not available, you should investigate obtaining an adequate well water supply on the proposed lot before you subdivide. You may wish to talk to the Nova Scotia Environment, neighbours or local well drillers as possible sources of information. 3. Contact the Department of Transportation and Infrastructure Renewal for driveway access on provincial public roads. 4. Seek legal advice or contact the Land Registration Office to determine the requirements of the Land Registration Act. 5. Arrange for a plan of subdivision to be prepared by a registered Nova Scotia Land Surveyor. 6. Complete a Subdivision Approval Application and submit to the Planning and Development Department along with 14 copies of the survey plan and the fee.
What is the procedure for Approval?
Once a complete application has been received, the Development Officer sends a copy of the plan to other departments and agencies such as Nova Scotia Environment, Department Transportation and Infrastructure Renewal, Land Registration Office, Public Works, and Provincial Assessment for their review or approval.
The Development Officer reviews the application for conformance with the Subdivision and Land Use By-laws and when all required submissions and external approvals are received, the subdivision plan is approved.
The plan, a Notice of Subdivision Approval and fee are sent to the Registry of Deeds for registration. Once the documents have been registered, the approved plans will be returned to you.
How long is the process?
The length of time required to grant subdivision approval can vary depending on location and approvals required from other departments or agencies. Generally, the process takes about four to six weeks.
Note: Larger scale subdivisions involving new roads or phased development require additional submissions including a concept plan, engineered street and service designs, storm drainage plan, etc. Please contact the Development Officer for more information.
Development Officer Doug MacInnis (902) 798-8391 Ext. 120
Director of Public Works Brad Carrigan (902) 798-8391 Ext. 126
Nova Scotia Environment 136 Exhibition Street Kentville, NS (902) 679-6086
Nova Scotia Transportation & Infrastructure Renewal Windsor-West Hants Industrial Park 4 Ivey Lane Windsor, NS (902) 798-2369