How To . . . #7
Strata Title in Vancouver
Strata title property is a form of ownership in which a property owner owns their individual unit, plus a share of the common areas of the site, or “common property”. Residential, commercial, industrial and other types of buildings may be subdivided by way of a strata plan.
Each development is managed by its own “strata corporation”, although some strata corporations may choose to hire a property manager. The owner of each strata lot has one vote in the strata corporation, and generally pays monthly maintenance fees to cover shared expenses related to common property and to provide for a contingency fund, used for repairs and maintenance of common property. The strata corporation can pass strata by-laws (building regulations), and must hold a general meeting of all owners at least once a year, when the annual budget is approved, the “strata council” is elected, and special resolutions, if requested, are voted on.
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The governing legislation regarding strata title property is the British Columbia Strata Property Act. The creation of strata title property does not always require City approval, as noted further below.
New Buildings: When a new building containing two or more units is constructed and has not been occupied, a strata plan can be deposited for registration in the Provincial Land Title Office, without requiring any City approval on the strata plan. New development in most single-family districts generally cannot be strata titled, and the City may require a covenant to be registered against the property title to restrict strata titling in these districts. Some other uses, such as Artist Studios, may also be restricted from strata titling in some zoning districts.
Existing Buildings (Strata Conversions): Any proposal involving the conversion of a previously-occupied building to strata title ownership must receive City approval, in accordance with the Strata Property Act. The City’s process for conversion of previously-occupied buildings to strata or cooperative ownership is intended to assess the impact of conversion on the supply of rental accommodation in the area and to consider the impacts on residential tenants who are unwilling or unable to stay in their residence by purchasing a strata lot or cooperative unit. It also ensures that the building proposed for conversion is in a reasonable state of repair. Buildings are inspected by City staff for compliance with the Building, Electrical, Plumbing and Fire By-laws and in general must be upgraded to substantially comply with these by-laws. For attached dwellings, fire separation between units and life-safety systems such as sprinklers are mandatory.
City Council is the “approving authority” for conversion of previously occupied buildings into strata lots. Council has delegated its authority to the Subdivision Approving Officer for strata conversion applications of residential buildings with less than six units and for buildings which have not previously contained residential accommodation.
Application procedures and fees for strata conversions are detailed in the Strata Title and Cooperative Conversion Guidelines (PDF).
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Phased Strata: Phased strata applications can be considered to allow buildings on a site to be constructed in sequenced phases, with strata lots in earlier phases sold in order to raise funds to complete subsequent phases. A strata plan is registered after the first phase is completed, and as the development progresses, each subsequent phase is merged with the original strata plan. When the development is complete, there will be one strata plan for the entire development.
Bare Land Strata: Unlike a conventional strata plan, the boundaries of bare land strata lots are defined on land, much like a conventional legal parcel, instead of by the floors, walls and ceilings of a building. In general, most bare land strata developments have private access roads, for which all owners are responsible for maintaining, as well as any other common infrastructure, utilities such as sewer and water lines, amenities or facilities. In many parts of the Province, bare land strata plans are registered for mobile home parks, recreational developments and “gated communities”. The City only has a few areas where bare land strata plans have been approved, most of which have site-specific zoning, i.e. Comprehensive Development (CD-1) Districts.
Subdivision of Strata Lots and Other Strata Plan Amendments: Applications to further subdivide existing strata lots in buildings require staff review to ensure that the proposed amendment to the strata plan complies with all applicable City by-laws.
A resolution from the strata corporation approving the amendment may be required in some circumstances. Part 15 of the Strata Property Act details these and other requirements.
Other Approvals: The Superintendent of Real Estate, an agency of the Provincial government, may need to approve various schedules that accompany strata plans, for both new and existing buildings, prior to registration. Their office is located at 1200 - 13450 102nd Avenue, Surrey, B.C. For further information in this regard, please see: http://www.fic.gov.bc.ca/pdf/responsibilities_strata/SPA-03-001.pdf.
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The City does not keep strata plans on file. All strata plans are deposited at the Provincial Land Title Office, located at 88 - 6th Street, New Westminster, B.C.
The Strata Property Act does not contain any provisions which permit government intervention in the affairs of a strata corporation. As a result, neither the City nor the Superintendent of Real Estate can investigate breaches of the Act or take action to enforce the Act against strata owners or strata corporations.
The Superintendent of Real Estate has prepared 29 Instruction Guides that explain various topics in relation to the Strata Property Act. The information on this website should enable strata developers, owners and councils to more fully understand the specific requirements of the Act, and their respective rights and obligations.
Instruction Guides: http://www.fic.gov.bc.ca/responsibilities/strataowners/overview.htm
Strata Property Act: http://www.qp.gov.bc.ca/statreg/stat/S/98043_00.htm
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For further information regarding strata, please contact the Processing Centre-Subdivision and Strata Title at 604.873.7721 or 604.871.6627. Submission Requirements for Strata Conversions, Phased Strata, Bare Land Strata and Subdivision of Strata Lots are available at the Subdivision and Strata counter, located on the 3rd Floor of the East Wing of City Hall, or visit: http://vancouver.ca/commsvcs/developmentservices/subdivision/stratatitle.htm.
PHONE
DEVELOPMENT SERVICES
General enquiries on Development and Building 604-873-7613
/ 7611
Trades Permits Applications (Plumbing, Gas, Electrical, and Street Occupancy
Permits) 604-873-7608 / 7062 / 7052 / 7600
Enquiries on notification and status of Development
Applications 604-873-7344
Status of Building Permit Applications, except field
reviews 604-873-7611
Subdivision and Strata Enquiries 604-871-6627 / 604-873-7556
Tree Permits and Landscape Plan Review (Enquiries on Tree By-law, landscaping
and tree removal) 604-871-6378
LICENCES AND INSPECTIONS
Inspections 604-873-7601 / 7603
Business Licences 604-873-7568
Secondary Suites 604-873-7945
PLANNING DEPARTMENT
Rezoning Centre (General enquiries on rezoning) 604-873-7455
Heritage Planning 604-873-7056
SUPPORT SERVICES - BY-LAW ADMINISTRATION
Occupancy Permits 604-873-7539
ENGINEERING SERVICES
Building Grades 604-873-7316
Permits Counter 604-873-7216
Development Permit Coordinator (Engineering Requirements) 604-873-7773
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IN PERSON
City Hall is open from 8:30 a.m. to 5:00 p.m., Monday to Friday (*please
note exceptions in brackets)
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Development Services
Enquiry Centre - East Wing, 2nd Floor (*8:30 to 4:30; Limited Service on Tuesdays from 8:30 to 10:00 am, due to staff meeting)
Processing Centre - East Wing, 3rd Floor (*8:30 to 4:30)
2675 Yukon Street (11th and Yukon)
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Planning Department
Rezoning Centre and Heritage Planning
East Wing, 3rd Floor
2675 Yukon Street (11th and Yukon) |
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Support Services (*8:30 to 4:30)
By-law Administration
East Wing, 2nd Floor
2675 Yukon Street (11th and Yukon) |
Engineering Services
Engineering Permit Counter
Main Building, Main Floor
453 West 12th Avenue (12th and Cambie) |
MAIL
Clearly mark the Department (and division or area of department if
possible) on the envelope and send to:
City of Vancouver
(department name here)
453 West 12th Avenue
Vancouver, BC V5Y 1V4
FAX
Board of Variance 604-873-7475
Enquiry Centre 604-873-7100
Processing Centre 604-873-7100
Subdivision and Strata 604-873-7100
Licences and Inspections 604-873-7100
Support Services 604-873-7100
Planning Department 604-873-7100
Engineering Services 604-871-6191
VANMAP ( www.vancouver.ca/vanmap )
A web-based map system providing property information such as, property
lines, zoning information, aerial photos, addresses, parks, etc.
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