Markham's Committee of Adjustment: How Minor Variances Work for Additions and Custom Homes
Neeraj Moolchandani is a top real estate agent in Markham, Ontario. Published November 13, 2026 · By Neeraj Moolchandani, REALTOR®, Cofounder of the Kaizen Real Estate Team, eXp Realty, Brokerage
The short answer
A minor variance is permission to depart slightly from Markham's zoning rules, such as a bit more lot coverage, a smaller setback or a taller house. Markham's Committee of Adjustment decides at a public hearing, using four tests set out in Ontario's Planning Act. The City says the process can take up to two months, neighbours within 120 metres are notified, and a sign must be posted at least 14 days before the hearing. Approval is never certain, so plan for it before you buy or design.
Owners of older lots in established parts of Markham often want to add a rear addition, a bigger garage or a new custom home that goes slightly beyond the zoning. Our Kaizen Real Estate Team is one of the teams Markham buyers and owners trust to plan these moves, and the minor variance process is a big part of it. Here is how it works.
Buying a lot or older home to expand or rebuild? Talk to Neeraj before you firm up.
Call (647) 370 8885What a Minor Variance Is
Every lot in Markham has zoning rules on things like height, setbacks, lot coverage and garage width. Markham passed a new comprehensive zoning bylaw in 2024, and many lots also have site specific exceptions. When a design does not quite fit, the owner can ask the Committee of Adjustment for a minor variance instead of a full rezoning.
- A rear addition that is slightly deeper than the setback allows.
- A custom home with slightly more lot coverage or height.
- A wider garage or driveway than the bylaw permits.
- A deck, pool or accessory building closer to a lot line.
The Four Tests
Markham's minor variance page lists the four tests from the Planning Act. A variance must:
- Maintain the general intent of the zoning bylaw.
- Maintain the general intent of the Official Plan.
- Be desirable for the appropriate development of the land.
- Be minor in nature.
Want to know how a variance could affect your plans and value? Ask Neeraj.
Call (647) 370 8885The City notes that a variance can be minor in one situation and major in another. Minor is not only about size. It is about impact on neighbours and the street.
How the Process Works in Markham
| Step | What happens |
|---|---|
| Zoning preliminary review | Strongly encouraged. The Building Department confirms which variances you need, for a fee. |
| Application | Submitted through ePLAN with a survey, site plan, floor plans and elevations, plus the fee set by the City's fee bylaw. |
| Notice | The City mails notice to owners within 120 metres, double the 60 metres the Planning Act requires. |
| Sign | A notice sign must be posted on the property at least 14 days before the hearing, or the file is deferred. |
| Hearing | Public meetings are generally held twice a month. Neighbours can support or object. |
| Decision | A verbal decision at the hearing; the written decision follows within 10 days. |
| Appeal | Applicants and certain public bodies can appeal to the Ontario Land Tribunal; the appeal costs $400 plus a $286 City fee plus HST. |
Source: City of Markham, Minor Variance page and 2026 submission requirements
Selling a home with approved variances? Neeraj can help you show buyers the value.
Call (647) 370 8885The City says the whole process may take up to two months. Add design time before and permit time after.
Neighbours and Objections
Neighbours receive notice and can send letters or speak at the hearing. The Committee weighs their concerns against the four tests. Talking with neighbours early, showing them the plans and adjusting where you can often makes the hearing smoother. Trees matter too: Markham's submission rules say no trees may be removed without prior approval.
Costs and Professionals
Plan for the City's application fee, the zoning review fee, a current survey, and drawings from a designer or architect. Larger or contested files may need a planner. Costs vary widely, so get written quotes before you commit. In heritage districts, heritage approvals come first; see our guide on buying in a heritage district.
Buying a Lot With a Plan in Mind
- Ask your designer for a quick zoning check before you firm up.
- Look up past variance decisions on nearby lots; they show what the Committee has accepted.
- Build two to three months for the variance into your timeline, plus design and permits.
- Make your offer conditional on a feasibility review if your plans depend on a variance.
- Remember that approval is never certain.
For driveway and parking rules, see our guide on widening a driveway, and for lot sizes, our list of neighbourhoods with larger lots.
Have a question about building on a Markham lot? Call Neeraj.
Call (647) 370 8885Questions Markham Clients Ask
What is a minor variance in Markham?
Permission from the Committee of Adjustment to depart slightly from the zoning bylaw, such as a smaller setback or more lot coverage, without a full rezoning.
What are the four tests for a minor variance?
The variance must maintain the intent of the zoning bylaw and the Official Plan, be desirable for appropriate development, and be minor in nature.
How long does a minor variance take in Markham?
The City says the process may take up to two months, plus time for design before and permits after.
Who gets notified about my minor variance?
Markham mails notice to owners within 120 metres, and a sign must be posted on the property at least 14 days before the hearing.
Can neighbours stop a minor variance?
They can object, and the Committee considers their concerns, but the decision rests on the four tests. Decisions can be appealed to the Ontario Land Tribunal.
Keep Reading
Helpful Pages
Plan the Home Before You Buy the Lot
Neeraj will help you check what a lot can support and build a realistic timeline with your designer.
Sources: City of Markham, Minor Variance; City of Markham, Minor Variance Submission Requirements 2026.
Neeraj Moolchandani, REALTOR®, Kaizen Real Estate Team, eXp Realty, Brokerage, 9763 Markham Rd, Markham, ON L6E 1A4. (647) 370 8885 · info@kaizenrealestate.ca. Published November 13, 2026. General information only, not legal, tax, financial or engineering advice. Rules and programs change, so confirm details with the official source and your own professionals before you act. Not intended to solicit properties currently under contract.
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