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242 Approval For Conversion Of Previously Occupied Buildings

In This Volume

242 (1) For the purposes of this section, “approving authority” means

  • (a) the municipal council of the municipality if the land is located in a municipality,
  • (b) the regional board of the regional district if the land is located in a regional district but not in a municipality and is neither Nisga’a Lands nor treaty lands of a treaty first nation,
  • (c) the Nisga’a Village Government if the land is located within Nisga’a Village Lands,
  • (d) the Nisga’a Lisims Government if the land is Nisga’a Lands other than Nisga’a Village Lands, or
  • (e) the governing body of the treaty first nation if the land is located within the treaty lands of that treaty first nation.
  • (2) If a person applying to deposit a strata plan wishes to include in the strata plan a previously occupied building, the person must submit the proposed strata plan to the approving authority.
  • (3) The approving authority may
  • (a) approve the strata plan, or approve the strata plan subject to terms and conditions, or
  • (b) refuse to approve the strata plan, or refuse to approve the strata plan until terms and conditions imposed by the approving authority are met.
  • (4) The decision of the approving authority under subsection (3) is final and may not be appealed.
  • (5) The approving authority must not approve the strata plan unless the building substantially complies with the following:
  • (a) the applicable bylaws of the municipality or regional district;
  • (b) applicable Nisga’a Government laws;
  • (b.1) the applicable laws of the treaty first nation;
  • (c) the building regulations within the meaning of the Building Act, except, in relation to a treaty first nation that has entered into an agreement described in section 6 of that Act, to the extent that the agreement enables the treaty first nation to establish standards that are different from those established by the building regulations.
  • (6) In making its decision, the approving authority must consider
  • (a) the priority of rental accommodation over privately owned housing in the area,
  • (b) any proposals for the relocation of persons occupying a residential building,
  • (c) the life expectancy of the building,
  • (d) projected major increases in maintenance costs due to the condition of the building, and
  • any other matters that, in its opinion, are relevant.
  • (7) If the approving authority approves the strata plan without terms and conditions, an authorized signatory of the approving authority must endorse the plan in accordance with the regulations.
  • (8) If the approving authority approves the strata plan subject to terms and conditions, an authorized signatory of the approving authority must endorse the plan in accordance with the regulations once the terms and conditions have been met.
  • (9) The endorsement must be dated not more than 180 days before the date the strata plan is tendered for deposit.
  • (10) The approving authority may, by resolution, with respect to a specified type of previously occupied building,
  • (a) delegate to an approving officer or other person designated in the resolution the exercise of the powers and performance of the duties of the approving authority under this section, and
  • (b) impose limits or conditions on the exercise of the powers and performance of the duties delegated by the resolution.
  • (11) This section does not apply to a strata plan that includes a previously occupied building if the person applying to deposit the strata plan is the government or the Crown in right of Canada.

1998-43-242, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-16, effective June 21, 2002 (B.C. Reg. 149/2002); 2007-36-170, 171, effective April 3, 2009 (B.C. Reg. 55/2009); 2015-2-60 (B.C. Reg. 172/2015).

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 57 (Strata Property Regulations) in this Manual.

“Previously Occupied”

See s. 14.1 of the Strata Property Regulation for the definition of “previously occupied” for the purpose of s. 242 of the Act.

Endorsement by Approving Authority, Form T: Section 242(7) or (8)

Section 14.5(4) of the Strata Property Regulation states that the approval of the approving authority required by s. 242(7) or (8) of the Act must be in Form T, Endorsement by Approving Authority. The approving authority does not sign Form T until the owner developer has fulfilled any conditions or terms imposed by the approving authority. Section 242(9) of the Act specifies that the endorsement must not be dated more than 180 days before the date of the strata plan deposit. Form T is included at chapter 58 (Strata Property Forms) in this Manual.

Submissions

On the Application to Deposit Plan at Land Title Office, click the Schedule of Approving Officers and Provincial Approvers and select Form T from the Approval Type drop down menu.

Conversion Approved under the Condominium Act

Section 17.18 of the Strata Property Regulation states that s. 242(9) of the Strata Property Act does not apply to an approval of a conversion of a previously occupied building obtained under s. 9 of the Condominium Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Application of s. 242 to Sale of Shared Interest in Land

Section 242(1) to (6) and (11) of the Strata Property Act applies to an application for approval of a sale or offering for sale of a shared interest in land under s. 8 of the Real Estate Development Marketing Act, as if the intended sale or offering were an intended conversion of the land and building or buildings into strata lots under the Strata Property Act.

Decision under s. 242(4) Is Final

A decision of an approving authority under s. 242 of the Strata Property Act is final, and there is no appeal provision corresponding to s. 89 of the Land Title Act. However, see the Judicial Review Procedure Act.

CASE LAW

Application

Section 242 of the Strata Property Act and s. 9 of the Condominium Act both provide that if a strata plan tendered for deposit includes a previously occupied building, the proposed plan must be submitted for approval to an approving authority. In making its decision, the approving authority is to consider, in addition to the specified issues, any other matters that, in its opinion, are relevant. The respondents lived in a newly constructed house on the same lot as their previous house which they sold to a third party. Before the new house was constructed, the respondents had a strata plan approved by the municipal council under s. 242 of the Strata Property Act. The petitioners, the village, and the next-door neighbours of the respondent sought a declaration that the strata plan should never have been permitted by the municipal council. The court found that s. 242 only deals with approval for conversion of previously occupied buildings. In this case, the second building was not occupied at the time the strata plan was registered. As a result, the respondents would have needed to file an endorsement of nonoccupancy under s. 241. The court also found that the strata plan should not have been approved under s. 242(5) because the building did not comply with municipal bylaws. In granting the petitioners’ application, the court declared that the municipal council exceeded the limits of its statutory power of decision as approving authority under the Strata Property Act. As no other relief was sought, the court made no further order (Burton v. Harris, 2003 BCSC 523).