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483 Housing Agreements For Affordable Housing And Special Needs Housing

In This Volume

483 (1) A local government may, by bylaw, enter into a housing agreement under this section.

  • (2) A housing agreement may include terms and conditions agreed to by the local government and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:
  • (a) the form of tenure of the housing units;
  • (b) the availability of the housing units to classes of persons identified in the agreement or the bylaw under subsection (1) for the agreement;
  • (c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);
  • (d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.
  • (3) A housing agreement may not vary the use or density from that permitted in the applicable zoning bylaw.
  • (4) A housing agreement may be amended only by bylaw adopted with the consent of the owner.
  • (5) If a housing agreement is entered into or amended, the local government must file in the land title office a notice that the land described in the notice is subject to the housing agreement.
  • (6) Once a notice is filed under subsection (5), the housing agreement and, if applicable, the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement, as amended if applicable.
  • (7) On filing under subsection (5), the registrar of land titles must make a note of the filing against the title to the land affected.
  • (8) In the event of any omission, mistake or misfeasance by the registrar of land titles or the staff of the registrar in relation to the making of a note of the filing under subsection (7),
  • (a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
  • (b) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and
  • (c) neither the assurance fund nor the minister charged with the administration of the Land Title Act, as a nominal defendant, is liable under Part 20 of the Land Title Act.
  • (9) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.

1993-58-4; 1998-34-197, effective September 23, 1998 (B.C. Reg. 311/98); 2004-66-153, effective January 20, 2005 (B.C. Reg. 16/2005); RSBC 2015-1-483, effective January 1, 2016 (B.C. Reg. 257/2015).

FORMS

Notice of Housing Agreement

Submissions (Local Government Filing Form)

On the Local Government Filing Form, select Nature of Interest, Housing Agreement Notice—Local Gov’t Act, or, where applicable, Housing Agreement Notice—Local Gov’t Act (Modification). No attachment is required.

The Local Government Filing Form can also be used to cancel any local government notices from registered titles.

Only authorized subscribers, as defined in E-filing Directions (reproduced at chapter 69 (Director’s Directions) in this Manual and available at ltsa.ca), have the authority to sign this form electronically.

Submissions (Hardcopy Template Attached to an Electronic Form 17)

For all other subscribers, use the Form 17 Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the Notice of Housing Agreement or, where applicable, Notice of Housing Agreement Modification.

The following is an example of the notice that a local government must file under s. 483(5) of the Act when attached, as a supporting document, to an electronic Form 17 Charge, Notation or Filing.