265 Amending Strata Plan To Make Common Property Into Land Held By The Strata Corporation

REGULATIONS

See s. 14.14 of the Strata Property Regulation, B.C. Reg. 43/2000, at chapter 59 (Strata Property Regulations), regarding the registrar’s obligation to note any freehold disposition of common property on the common property record.

PRACTICE

Signatures on Subdivision Plan

Submissions

The director has approved the use of the electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.

The signature blocks that are required normally on a hardcopy plan are available in one of three schedules in the electronic Application to Deposit Plan at Land Title Office. Each signature block is accessed and created by clicking on Add Owner/Charge Signatures, Add Approver Signatures, or Add SG Signatures buttons at the bottom of the form. Selection from the drop-down menu in each of the signature schedules automatically populates the signature or witness field with the appropriate editable text for the schedule selected. For assistance in completing the form, see the Electronic Plan Application Help Guide at ltsa.ca.

Waiver of Signature Requirements

Interests of Owners Not Affected

Under s. 97(3) of the Land Title Act, and in the following instances, the registrar usually accepts plans not signed by all owners:

1. Incorporeal charge owners (for example, owners of easements and rights of way) do not sign the plan unless a dedication directly crosses their charges.
2. Owners of lots covered by a building scheme need not sign a plan, except where a plan effects a dedication.
3. Lease holders need not sign a plan, except where it may materially affect their rights, such as a dedication.
4. A builders lien claimant need not sign a subdivision plan where there is no dedication.

Amendment Where Common Property Is Part of a Building

The registrar permits the registration of a freehold subdivision within a building only if it is registered concurrently with a strata plan amendment that creates a new strata lot from the lot shown on the subdivision plan. The subdivision plan must be accompanied by a s. 262 application to amend the strata plan to make the land held by the strata corporation into a new strata lot, and must include all the documentation required under s. 262(3).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

In conjunction with Part 7 of the Land Title Act, see the Survey and Plan Rules regarding the requirements for surveys and plans. 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.

CASE LAW

For discussion of a case where statutory requirements rendered a parking lease invalid because it constituted a subdivision of common property without compliance with the required application process set out in s. 257 of the Strata Property Act, see the annotation for Abstract Projects Inc. v. Strata Plan EPS 6069, 2023 BCSC 42 under “257 Amending strata plan to designate limited common property” in this chapter.