144 Air Space Plan | Land Title Practice Manual

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144 (1) An air space plan must

(a) have its side boundary limits consist of vertical or inclined surfaces conforming to or lying within the boundaries of the single parcel referred to in section 143(1)(b),
(b) have as its upper and lower limit a horizontal or inclined plane or arc of a circle, or combination of them,
(c) have a title, identifying the single parcel on the plan referred to in section 143(1)(b) and indicating that the plan is a subdivision of the whole or part of that parcel,
(d) have noted on it the geodetic elevation of one corner of the ground surface of the single parcel referred to in section 143(1)(b) and the geodetic elevation of every corner or angle of the air space parcel,
(e)
include
- (i) a plot to scale of the single parcel referred to in section 143(1)(b), and
- (ii) a 3 dimensional paraline drawing of the air space parcel contained between the planes or arcs and, if the surfaces of the air space parcel are both horizontal and vertical the plan must so state, otherwise all boundaries of the air space parcel must be fully dimensioned for length and direction, and
(f)
contain a book of reference that
- (i) allots a parcel letter or number to each air space parcel by reference to the lettered or numbered corners of it as shown on the plan, or as otherwise designated by a rule made under section 385(5), and
- (ii) states the cubic contents of each air space parcel.

(2) An air space plan tendered for deposit must

(a) be prepared by a British Columbia land surveyor and bear the statement approved by the director,
(b) be accompanied by whatever number of copies may be required by the registrar for taxing authorities,
(c) comply with the rules respecting surveys and plans made under section 385(5) for the purposes of this Part,
(d) be signed and witnessed in the same manner as is required under this Act for a subdivision plan,
(e) comply with subsection (1), and
(f) be approved by the proper approving officer.

1979-219-141; 2004-21-62; 2004-66-85, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Surveyor’s Statement

Electronic Plans

An electronic airspace plan with a pre-assigned plan number is attached to a Survey Plan Certification form. This form accompanies the electronic Application to Deposit Plan at Land Title Office and includes the Statement by Surveyor. These forms are available at ltsa.ca. See “Request New Plan Numbers” at https://help.ltsa.ca/myltsa-enterprise/request-new-plan-numbers.

For electronic plans, the Statement by Surveyor must be in the form approved by the Director of Land Titles and must be contained in the electronic Survey Plan Certification form to which the British Columbia land surveyor applies their electronic signature. An electronic image of the plan is attached to the Survey Plan Certification form.

Survey and Plan Rule 3-6 and Electronic Land Title Plan and Plan Application Requirements s. 4.2 apply.

The signatures of all owners and holders of registered charges and plan approvals are located on the electronic Application to Deposit Plan at Land Title Office. See the Electronic Land Title Plan and Plan Application Requirements s. 4.3.

PRACTICE

Survey and Plan Rules and Director’s Directions for Electronic Plans

Rule 4-10 of the Survey and Plan Rules states that an air space plan prepared under Part 9 of the Act must comply with Part 3 of the Rules and include the additional information set out in Rule 4-10, including the requirements under Rule 4-10(2)(b) to (e) for an isometric view of an air space parcel. The Rules are available at www.abcls.ca. Note that these rules are revised frequently and readers should refer to the ABCLS website for the most up-to-date version.

Air space corner labeling

With respect to the labeling of air space corners, the director requires the plan to comply with Survey and Plan Rule 4-10(2)(j), (k), and (l) and Electronic Land Title Plan and Plan Application Requirements s. 4.1(h).

Surface Delineations

The surface delineations of an air space parcel include inclined surfaces, arcs of circles, or combinations of the horizontal, vertical, and inclined surfaces and arcs of circles.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 97 of the Act regarding the signature and witnessing requirements applicable to air space plans.