Land, zoning and permits
Committee of adjustment and minor variances: a guide for garden suites and tiny homes
By Jonathan Kennedy, cabin owner and tiny home rental owner · Last reviewed October 28, 2026
A committee of adjustment is the local board that can approve a minor variance, a small exception to an Ontario zoning by-law, under section 45 of the Planning Act. It must hold a public hearing within 30 days of your application, and its decision is final if no one entitled to appeal does so within 20 days. Since November 2022, neighbours can't appeal. In 2026 a residential variance costs $745 to $5,011 in Toronto, Mississauga and Hamilton.
Your garden suite design is 30 cm too close to the lot line, or your lot is a little short of the town's minimum. The building department says no, and someone mentions the committee of adjustment. Here's what that means, what it costs and how often it works for small homes.
What is a committee of adjustment?
It's a body appointed by your municipality to decide applications for minor variances and some consents. On an application from the owner, it can authorize a minor variance from a zoning by-law (Planning Act, s. 45). It doesn't rezone land or pass by-laws; that's council's job.
What are the four tests for a minor variance?
The variance has to be minor, desirable for the appropriate development or use of the property, and keep the general intent of both the zoning by-law and the official plan (s. 45(1)). Toronto lists them in that form as the four tests (Toronto). The committee also has to apply any criteria the Province or the municipality has set by by-law.
Our take: "minor" isn't a number. Committees look at impact, not percentages, so a well-explained 1 m setback reduction with no effect on the neighbour often does better than a small one nobody explained. Bring a site plan and photos of the neighbouring side.
How much does a minor variance cost in 2026?
| Municipality | Fee | Notes |
|---|---|---|
| Toronto | $2,228.98 (additions to a house with up to three units); $5,011.08 (new house with up to three units) | Double if the work is already built |
| Mississauga | $794 (decks, driveways, small accessory structures); $1,361 (other low-density residential) | |
| Hamilton | $745 (routine variance, which includes secondary dwelling units); $4,135 (standard) | |
| Brampton | $12,212 for variances to the additional residential unit rules; $3,056 per other variance | Fee schedule doesn't print the year |
| Owen Sound | $1,000 (one provision); $1,500 (two or more) | A smaller-town example |
Sources: Toronto, Mississauga, Hamilton, Brampton, Owen Sound. Add the drawings or survey the committee asks for, and a planner if you hire one.
How long does a committee of adjustment take?
The law sets the minimum clock: a hearing within 30 days of the application, at least 10 days' notice to owners within 60 m (30 m for many house lots) and a sign on the property, a written decision within 10 days, then a 20-day appeal period (s. 45; O. Reg. 200/96). In practice, filing deadlines come four to seven weeks before each monthly hearing: Brampton's deadline for its November 24, 2026 hearing was October 21 (Brampton schedule). Add it up and expect about two to three months from a complete application to a final decision.
Can my neighbour appeal a minor variance?
No, not since November 28, 2022. Bill 23 limited appeals to the applicant, the Minister and a list of public bodies and utilities, so a neighbour can speak at the hearing but can't appeal (s. 45(12); Toronto). Appeals go to the Ontario Land Tribunal for $400, or in Toronto to the Toronto Local Appeal Body for $300 (OLT fees).
Do I need a minor variance for a garden suite or coach house?
Usually not, and less often than before. On urban residential land, the Planning Act stops a by-law from prohibiting one unit in a backyard building beside a house, and a municipality can't set a minimum size for it or require more than one parking space (s. 35.1). Since November 21, 2025, minimum setbacks on urban residential land outside the Greenbelt are deemed to be 90% of the by-law figure, so a building can sit up to 10% closer to a lot line without a variance (O. Reg. 545/06).
That shows in our research: only 4 of the 307 Ontario municipalities we've researched send a typical garden suite to a discretionary approval. You need a variance when your design breaks one of the town's numbers, such as height, size or a setback beyond the 10%.
Can a minor variance approve a tiny home on wheels?
Rarely, because living in one is usually a use the by-law doesn't permit, and changing a use needs council, not the committee. In 20 of the municipalities we've researched, a tiny home on wheels needs an approval, and in most of them that's a temporary use by-law for a "garden suite" under section 39.1 of the Planning Act, passed by council:
| Municipality | Answer | Temporary garden suite |
|---|---|---|
| Markham | Needs approval | Where a Temporary Use By-law is passed: one portable garden suite in the rear yard, maximum 60 m² GFA (not exceeding the principal dwelling's GFA), maximum height 4.5 m, at least 6.0 m from the main building, within 30.0 m of the street access lot line, 1.2 m rear/interior side setbacks, not with a coach house or garden home, and outside the Special Policy Area (s.4.9.10) [source] |
| Whitby | Needs approval | "Garden Suite" defined in By-law 1784 as a one-unit detached residential structure with bathroom and kitchen, ancillary to an existing residential structure and designed to be portable [source] |
| Milton | Needs approval | Garden suite: detached portable residential structure accessory to an existing dwelling, permitted through a temporary use by-law; not permitted as of right within any zone (By-law 144-2003, definitions and s.4.1 iv) [source] |
| Welland | Needs approval | Allowed only on a lot zoned for a single-detached dwelling, through a temporary use by-law (Planning Act s.39) and a s.39.1 agreement; must be small and portable, serviced by the principal dwelling, no new driveway, and not on a lot with an accessory dwelling unit (s.5.15) [source] |
| Georgina | Needs approval | Permitted only by site-specific by-law; e.g. By-law 500 s.28.5.209 (3430 Pollock Road) permits one garden suite of up to 108 m² under section 39 of the Planning Act until July 13, 2036 [source] |
| Brant | Needs approval | Only where a site-specific temporary zoning by-law amendment is approved; one per lot, accessory to an existing single detached dwelling; one extra parking space; within 40.0 m of the dwelling in the Agricultural zone (s.4.11) [source] |
If your town is on that list, talk to the planning department about a temporary use by-law, not a variance.
Questions people ask
- How much does a minor variance cost in Toronto?
- In 2026, $2,228.98 for additions and alterations to a house with up to three units and $5,011.08 for a new house with up to three units. The fee doubles if the work is already built.
- Can neighbours appeal a committee of adjustment decision in Ontario?
- No. Since November 28, 2022, only the applicant, the Minister and certain public bodies and utilities can appeal. Neighbours can still speak at the hearing.
- When does a minor variance decision become final?
- Twenty days after the decision, if no one entitled to appeal has filed one. The written decision states the last day for appeal.
- Is a setback reduction of 10% allowed without a variance in Ontario?
- Yes, on urban residential land outside the Greenbelt, since November 21, 2025: minimum setbacks are deemed to be 90% of the by-law figure.
- Do I need a minor variance for a garden suite?
- Only if your design breaks one of your municipality's standards, such as height or a setback beyond the 10% allowance. The Planning Act already lets you build one unit in a backyard building on most urban lots; check your municipality's page for its limits.