Variance

Explore how zoning variances work in Canadian real estate, why they're needed, and how to apply for one when planning property improvements.

Variance

May 22, 2025


What is a Variance?

A variance is a formal exemption granted by a municipality allowing a property owner to deviate from local zoning bylaws under specific circumstances.

Why Do Variances Matter in Real Estate

In Canadian real estate, zoning bylaws govern property use, setbacks, height restrictions, and lot coverage. When a proposed construction project or renovation does not comply, the owner may apply for a variance.


Common reasons for variances include:
  • Building closer to a property line than permitted
  • Adding a structure taller than zoning allows
  • Expanding a non-conforming building

Municipalities evaluate variance applications based on:
  • Whether the change is minor
  • Whether it meets the general intent of the bylaw
  • Whether it will negatively impact neighbours or the community


Public notice and hearings are typically required. Approval is granted by a committee of adjustment or zoning board. Denied variances may require project redesign or appeal.


Understanding variances allows homeowners and developers to navigate zoning restrictions and explore site-specific flexibility.

Example of a Variance

A homeowner applies for a variance to build a two-storey garage that slightly exceeds the height limit in their zoning district.

Key Takeaways

  • Allows minor exceptions to zoning rules.
  • Requires municipal application and review.
  • Common for additions or non-standard builds.
  • Public input and hearings may apply.
  • Must show no major adverse impact.

Related Terms

  • Zoning
  • Land Use Bylaws
  • Setback
  • Building Permit
  • Official Plan

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

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

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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