Overview Of Part 13

A phased strata plan involves the development of strata lots on one or more separate parcels of land in two or more phases. A strata plan is deposited for each separate phase. Upon deposit, the land in the relevant phase is subdivided from the remainder of the lands yet to be developed. Successively developed phases are automatically consolidated upon deposit of the phased strata plan, and the strata corporation for each new phase is automatically amalgamated with the strata corporation governing previous phases. The system provides owner developers with a degree of flexibility by enabling them to elect whether or not to proceed with each successive phase. It also aims to ensure that adequate provisions are made for common facilities.

Part 13 deals with the rights and responsibilities of owner developers in phased strata plans, deposit and approval of phased strata plans, security for common facilities, election to proceed, and amendment to the Phased Strata Plan Declaration. A Phased Strata Plan Declaration is a declaration in prescribed form by owner developers that they intend to create a strata plan by way of phased development. This declaration must be filed with the first phase on deposit of a phased strata plan, and must include the dates on which the owner developer elects to proceed with each phase of the development.

Note that Part 3 of the Act, which sets out the general duties of owner developers, applies to owner developers during the first phase of a phased strata plan. Part 3 does not apply to owner developers during subsequent phases except as set out in s. 13.4 of the Strata Property Regulation, B.C. Reg. 43/2000. The regulation is included at chapter 59 (Strata Property Regulations).