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In This Volume

70 (1) An owner or owners may, with the prior written approval of the strata corporation, remove all or part of a wall that is a common boundary between

  • (a) adjoining strata lots, or
  • (b) strata lots that have been consolidated into a single strata lot.
  • (2) The strata corporation must approve the proposed removal under subsection (1) unless the removal
  • (a) fails to comply with
    • (i) a building regulation within the meaning of the Building Act;
    • (ii) any applicable municipal or regional district bylaws, or
    • (iii) any applicable Nisga’a Government laws,
    • (iv) any applicable standard established by a treaty first nation in accordance with an agreement described in section 6 of the Building Act, or
  • (b) interferes with the provision of utilities or other services to any other strata lot or to the common property.
  • (3) The owner or owners must give copies of any required building permits to the strata corporation when seeking its approval under subsection (1).
  • (4) Subject to the regulations, if an owner wishes to increase or decrease the habitable part of the area of a residential strata lot, by making a nonhabitable part of the strata lot habitable or by making a habitable part of the strata lot nonhabitable, and the unit entitlement of the strata lot is calculated on the basis of habitable area in accordance with section 246(3)(a)(i) or on the basis of square footage in accordance with section 1 of the Condominium Act, R.S.B.C. 1996, c. 64, the owner must
  • (a) seek an amendment to the Schedule of Unit Entitlement under section 261, and
  • (b) obtain the unanimous vote referred to in section 261 before making the change.

1998-43-70, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-11, effective June 21, 2002 (B.C. Reg. 149/2002); 2007-36-165, effective April 3, 2009 (B.C. Reg. 55/2009); 2015-2-59 (B.C. Reg. 172/2015).

REGULATIONS

Section 5.1 of the Strata Property Regulation, B.C. Reg. 43/2000, sets out the circumstances in which an owner need not comply with the requirements of s. 70(4) in decreasing or increasing the habitable area of a residential strata lot. Section 5.1 is included at chapter 57 (Strata Property Regulations) in this Manual.