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259 Amending Strata Plan To Add To, Consolidate Or Divide A Strata Lot

In This Volume

259 (1) Strata lots may not be consolidated unless

  • (a) they are owned by the same person, and
  • (b) the holders of registered charges against the strata lots have dealt, to the satisfaction of the registrar, with the issue of the priority of their interests as they will apply to the consolidated strata lot.
  • (2) If a strata lot being divided includes a building that was not shown on the strata plan at the time the strata plan was deposited, sections 241 and 242 apply.
  • (3) To divide a strata lot into 2 or more strata lots, to consolidate 2 or more strata lots or to add part of a strata lot to another strata lot, the strata plan must be amended as follows:
  • (a) subject to section 260, a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting;
  • (b) an application to amend the strata plan must be made to the registrar accompanied by
    • (i) a subdivision, reference or explanatory plan, whichever the registrar requires, that
      • (A) shows the amendment,
      • (B) complies, as far as the registrar considers necessary, with sections 244 and 245, and
      • (C) is in a form required under the Land Title Act for a subdivision, reference or explanatory plan,
    • (ii) if a strata lot is being divided, a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws, Nisga’a Government laws or treaty first nation laws,
    • (iii) if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent’s approval,
    • (iv) if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent’s approval,
    • (v) if approval of the amendment is required, a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) or in section 260(4) has been passed and that the subdivision, reference or explanatory plan and any new Schedule of Unit Entitlement or Schedule of Voting Rights conform to the resolution, and
    • (vi) any document required by the registrar to resolve the priority of interests of any holders of registered charges against the strata lots being altered.
  • (4) Despite any other provision of this Act, an amendment to a strata plan under this section may result in a residential strata lot having less than one or more than one vote.
  • (5) Despite any other provision of this Act, a strata plan may not be amended to divide a strata lot if the amendment would result in a strata plan consisting of bare land strata lots and strata lots that are not bare land strata lots.

1998-43-259, effective July 1, 2000 (B.C. Reg. 43/2000); 1999-21-44, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-18 and 19 (part), effective June 21, 2002 (B.C. Reg. 149/2002); 2007-14-191, effective December 1, 2007 (B.C. Reg. 354/2007); 2007-36-173, effective April 3, 2009 (B.C. Reg. 55/2009).

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 57 (Strata Property Regulations) in this Manual, and the forms prescribed in the Strata Property Regulation are included at chapter 58 (Strata Property Forms) in this Manual.

For electronic plans, see the Electronic Land Title Plan and Plan Application Requirements at ltsa.ca.

For electronic land title forms, see E-filing Directions at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”. The Director’s directions for e-filing are also reproduced at chapter 69 (Director’s Directions) in this Manual.

For hardcopy land title transfer forms, see Hardcopy Land Title Forms (DR 04-11) at ltsa.ca.

For hardcopy land title forms, see chapter 33 (Land Title Act—Forms) in this Manual. Templates are available for download at ltsa.ca.

Building Not Previously Shown on Strata Plan: Section 259(2)

The following forms are required if the strata lot being subdivided includes a building that was not previously shown on the strata plan. See ss. 241 and 242 of the Act.

Endorsement of Nonoccupancy, Form S

Submissions

On the Survey Plan Certification form, select Form S and select the date. The form must contain an attached image of the plan.

Section 14.5(3) of the Strata Property Regulation states that the endorsement of nonoccupancy required by s. 241(1) of the Act must be in Form S, Endorsement of Nonoccupancy. This certificate is effective for 180 days. Form S is included at chapter 58 (Strata Property Forms) in this Manual.

Endorsement by Approving Authority, Form T

Submissions

On the Application to Deposit Plan, click Add Approver Signatures and select Form T from the Approval Type drop down menu on the Schedule of Approving Officers and Provincial Approvers.

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 any conditions or terms that have been imposed by the approving authority have been fulfilled. 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.

Endorsement of Surveyor, Form U

Form U is required if the strata plan includes a building that was not previously shown on the plan.

Submissions

On the Survey Plan Certification form, select Strata Form U1 or Strata Form U1/U2 and attach an image of the plan.

Section 14.5(5) of the Strata Property Regulation provides that the endorsement of the British Columbia land surveyor referred must be in Form U, Endorsement of Surveyor.

Approval of the Approving Officer: Section 259(3)(b)(ii)

There is no prescribed form for the certificate that the approving officer endorses on the plan.

Schedule of Unit Entitlement, Form V: Section 259(3)(b)(iii)

The Strata Property Regulation prescribes Form V, Schedule of Unit Entitlement, for the purpose of s. 259(3)(b)(iii) of the Act.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form V is in the class of supporting documents designated by the director for electronic filing.

Schedule of Voting Rights, Form W: Section 259(3)(b)(iv)

The Strata Property Regulation prescribes Form W, Schedule of Voting Rights, for the purpose of s. 259(3)(b)(iv) of the Act.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form W is in the class of supporting documents designated by the director for electronic filing.

Certificate of Strata Corporation, Form E: Section 259(3)(b)(v)

The Strata Property Regulation prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 259(3)(b)(v) of the Act.

Submissions

The Form E must be attached to the Application to Deposit Plan at Land Title Office. To attach the Form E, use the Strata Property Act Filing form, select Form E, Certificate of Strata Corporation, and attach an image of the original Form E, or use the Declaration form, describe the Form E and attach an image of the original Form E.

Amended Schedule of Interest on Destruction, Form Z.1

See s. 17.20(1) of the Strata Property Regulation, which states that an application made under s. 259 of the Act by a strata corporation that is subject to a schedule of interest on destruction must be accompanied by an Amended Schedule of Interest on Destruction. Section 17.20(1) of the regulation sets out the requirements for this schedule. The Strata Property Regulation prescribes Form Z.1, Amended Schedule of Interest on Destruction, for the purpose of s. 259 of the Act.

Submissions

On the Strata Property Act Filing form, select Form Z.1, Amended Schedule of Interest on Destruction, and attach an image of the original Form Z.1.

PRACTICE

Instruments Filed in Support

Submissions

The director has approved the use of the electronic Application to Deposit Plan at Land Title Office, Survey Plan Certification Form, and Declaration. These forms are reproduced in the Green Book and are available at ltsa.ca.

An application to amend the strata plan to add to, consolidate, or divide a strata lot must be in an electronic Application to Deposit Plan at Land Title Office and include the Survey Plan Certification with attached plan. Supporting documentation, including a Form E, must be attached to a Declaration and submitted immediately following the plan application. A Form E may be attached to a Strata Property Act Filing form rather than a Declaration and submitted following the electronic plan application.

Amended Sheet of Strata Plan

Submissions

The amended sheet of the strata plan must be prepared by a British Columbia land surveyor. The amended sheet must contain all of the information from the original sheet of the plan and must be numbered as an amended sheet of the strata plan. Where a sheet is being amended multiple times, the amended sheets must be numbered in the following format: Amended sheet 1A of 6, Amended sheet 1B of 6. New strata lots must continue the existing numbering series of the original strata plan (or last division or consolidation). All portions of the strata lots must be assigned a strata lot number and no remainder lots are permitted.

The amended sheet must contain an appropriate plan title indicating whether a division or consolidation is involved and which strata lots have been divided or consolidated. The plan title must include a “Pursuant to s. 259” statement. The surveyor includes the original strata plan number on the subdivision or consolidation amended sheet.

The registrar adds the amended sheet to the original strata plan, and issues a new title for each new strata lot.

Subdivision, Reference, or Explanatory Plan

In determining whether a subdivision, reference, or explanatory plan is required, the registrar considers the location of previously defined buildings and boundaries and whether the plan is a bare land strata plan.

The registrar’s decision on whether to require a reference plan or an explanatory plan is guided by the considerations set out under s. 99 of the Land Title Act. With respect to an amendment to a strata plan to add to, consolidate, or divide a strata lot, the registrar prefers a reference plan. However, the registrar may accept an explanatory plan as long as:

  1. the new boundaries do not contain excessive curves or jogs and are not affected by a natural boundary; and
  2. the registrar is of the opinion that a survey is not required to establish the location of the boundaries on the ground.

Schedule of Unit Entitlement, Form V

If the strata plan amendment changes the unit entitlement, a new schedule of unit entitlement is required. The new schedule of unit entitlement must be filed as a separate document. It must be based on one of the formulas set out under s. 246(3), (5), or (6) of the Act and must cover all of the lots in the strata plan, not just the lots affected by the amendment. The registrar confirms that the schedule is included in the application and, where applicable, that the schedule has been signed by a British Columbia land surveyor.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form V is in the class of supporting documents designated by the director for electronic filing.

Schedule of Voting Rights, Form W

If the strata plan amendment changes voting rights, a new schedule of voting rights is required. The new schedule of voting rights must be filed as a separate document. It must be based on one of the formulas set out under s. 247 and 248 of the Act and must cover all of the lots in the strata plan, not just the lots affected by the amendment. The registrar confirms that the schedule is included in the application.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form W is in the class of supporting documents designated by the director for electronic filing.

Certificate of Strata Corporation, Form E

A Form E, Certificate of Strata Corporation, is not required in an application to divide a non-residential strata lot or to consolidate two or more residential or non-residential strata lots, if:

  1. the total unit entitlement of the lots affected is equal to or less than their original unit entitlement;
  2. the total voting rights of the lots affected is equal to or less than their original voting rights; and
  3. the share of common expenses borne by strata lots other than those included in the strata plan amendment does not increase. See s. 260(1), (2), and (3) of the Act.

A Form E, Certificate of Strata Corporation, is required in the following circumstances.

  • In an application to divide a residential strata lot into two or more lots, the Form E states that a 3/4 vote was passed and that the plan and any new Form V or W comply with the resolution. See s. 260(4) of the Act.
  • In an application in circumstances other than those set out in points 1 to 4 above, the Form E states that a unanimous resolution was passed and that the plan and any new Form V or W comply with the resolution. See s. 259(3)(a) of the Act.

Submissions

The director has approved the use of the electronic Declaration or the Strata Property Act Filing form. These forms are reproduced in the Green Book, are available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form E is in the class of supporting documents designated by the director for electronic filing.

Access

Following division, access must be available to each strata lot.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 249(3) of the Act which provides that the registrar is under no duty to ensure that a Schedule of Unit Entitlement or a Schedule of Voting Rights complies with the Act or the regulations, or has been approved by the superintendent.