Submission Requirements and Processing Procedures for Phased Strata Proposals
How to Make an Application
Legislation pertaining to Phased Strata Plans is contained in Part 13 of the Strata Property Act. A preliminary proposal for approval of a Form P must include the following:
1. A letter of application, which clearly states:
- the property address and legal description;
- the name, address, telephone and fax numbers of the person making the application.
- a brief description of the project, including reference to approved development and building permits; and
- whether any existing buildings on the site will be retained.
2. A current title search of the properties involved in the proposal, from the Land Title Office in New Westminster. You may be asked to provide copies of any charges on title, or submit a charge summary prepared by a lawyer, if they are extensive.
3. Two copies, both signed by the owner, of the Form P (Phased Strata Plan Declaration), including the sketch plan as described in the Form P.
4. A non-refundable fee of $3,780.00, which also covers all subsequent strata plan approvals. Cheques should be made out to the “City of Vancouver”.
Process for Review of a Form P
Upon receipt of the above submission, staff will review the proposed Form P against the approved Development Permit and drawings, and all other relevant approvals. The information contained in the Form P must be consistent with that on the approved Development Permit. If not, it will be necessary to amend the Form P, or obtain approval for a minor amendment to the Development Permit. The number of units in each phase, the location of common facilities and the location and implications of the proposed phase boundaries will be reviewed.
As deposit of a phased strata plan is a form of subdivision, the proposal will also be evaluated against the provisions of the City’s Subdivision By-law, with respect to access, servicing and compliance with other relevant by-laws, such as the Vancouver Building By-law, at the proposed phase boundaries. Based on this review, it may be necessary to register legal agreements at the time of the Phase 1 strata plan approval, to address issues such as reciprocal access between phases, or non-compliance with the Vancouver Building By-law at phase boundaries.
If agreements are required, you will be advised in writing, at the time of the Form P approval. Agreements may be discharged upon registration of the subsequent phased strata plans, if applicable.
Pursuant to Section 223 of the Strata Property Act, if common facilities are to be constructed in a phase other than the first phase, security must be provided by posting a bond, irrevocable letter of credit, or other security in an amount sufficient to cover the full cost of constructing each facility, including the cost of the land, unless other arrangements are made, to the satisfaction of the Approving Officer, to ensure the completion of each common facility. If security is required, it will be released once the common facility has been substantially completed, as verified by a professional engineer or architect, or if agreed to by the strata corporation and owner developer, pursuant to Section 226 of the Strata Property Act.
If one or more of the proposed phases contains an existing, previously-occupied building, approval will be required from the Approving Authority for conversion of that building to strata title ownership, pursuant to Section 242 of the Strata Property Act. Please refer to the City’s Strata Title and Cooperative Conversion Guidelines for further information in this regard. As a separate application (and fee) is required, this will impact the timing of the Form P approval.
If the Form P is acceptable, it will be forwarded to the Approving Officer for signature. It generally takes four to six weeks to process a Form P application.
Form P proposals can be delivered to the Rezoning and Subdivision Counter, Third Floor, East Wing at City Hall, or mailed to:
The Approving Officer
Development Services
City of Vancouver
453 West 12th Avenue
Vancouver, BC V5Y 1V4
For further information, please call 604.871.6627 or 604.873.7556.
| Please note that the information contained in this website is intended as an overview about the Subdivision and Strata Title process. This information should not be construed as legal documentation. It departs from the necessary legal and technical terminology used in the Vancouver Charter and applicable City by-laws. Any contradiction, dispute, or difference between the contents of this website and applicable City by-laws, policies or guidelines will be resolved by reference to the by-laws or other official documents. |
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