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

Rent Control

Rent control refers to government regulations that limit how much landlords can increase rent for residential tenants each year.. more

Receivership

Receivership is a legal process where a court or secured creditor appoints a receiver to take control of a borrower’s assets, such as property or. more

REALTOR

A REALTOR is a licensed real estate professional who is a member of the Canadian Real Estate Association (CREA) and adheres to its Code of Ethics and. more

Property Use History

Property use history refers to the documented past uses, functions, and occupancy of a property, which may affect environmental risk, zoning, or. more

Property Management

Property management is the oversight and administration of real estate assets on behalf of the owner, covering leasing, maintenance, financial. more

Property Maintenance

Property maintenance refers to the ongoing upkeep, repair, and management of a building or land to preserve its safety, functionality, and appearance.. more

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