Bylaw Variance

Understand bylaw variances in Canadian real estate — what they are, how they work, and when they’re used in property development.

Bylaw Variance

July 11, 2025


What is By​law Variance​?

A bylaw variance is official permission granted by a municipal authority allowing a property owner to deviate from local zoning or building bylaw requirements under specific conditions.

Why By​law Variance​ Matters in Real Estate

In Canadian real estate development, variances provide flexibility for unique property constraints or design goals.



Common variance requests:
  • Reduced setback requirements
  • Height or lot coverage adjustments
  • Parking space modifications



Variances require public notice and municipal approval, balancing individual needs with community planning objectives.

Example of By​law Variance​ in Action

The homeowner applied for a bylaw variance to build a garage closer to the lot line than the zoning bylaw allows.

Key Takeaways

  • Allows deviation from bylaw standards
  • Granted by municipal authority
  • Requires formal application and approval
  • Balances property flexibility with planning goals
  • Common in redevelopment and custom builds

Related Terms

Additional Terms

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Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

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Green Infrastructure

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