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"Point in Time" Regulation Content

Strata Property Act

Bare Land Strata Regulations

B.C. Reg. 75/78

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 February 29, 2016
November 15, 2018
February 5, 2021
Section 3 March 11, 2021
Section 4 March 11, 2021
Section 5 March 11, 2021
Section 6 March 11, 2021
Section 7 March 11, 2021
Section 9 March 11, 2021
Section 11 January 14, 2010
Section 12 February 29, 2016
March 11, 2021
Section 13 March 11, 2021
Section 14 February 29, 2016
March 11, 2021
Section 16 March 11, 2021
Section 18 March 11, 2021
Section 19 March 11, 2021
Section 20 March 11, 2021
Section 21 March 11, 2021

 Section 1, definitions of "code" and "improvement district" BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

"code" means

(a) a bylaw adopted by a council under section 306 of the Vancouver Charter or under section 697 of the Local Government Act, or by the trustees of any improvement district under the Water Act,

(b) regulations made by the Lieutenant Governor in Council under section 692 of the Local Government Act, and

(c) regulations made under the Health Act, Gas Safety Act or the Electrical Safety Act1;

"improvement district" means an improvement district as defined in the Water Act;

 Section 1 (1) definition of "code" (c) BEFORE amended by BC Reg 237/2018, effective November 15, 2018.

(c) regulations made under the Health Act, Gas Safety Act or the Electrical Safety Act1;

 Section 1 (1) definition of "code" (d) was added by BC Reg 237/2018, effective November 15, 2018.

 Section 1 (1) definition of "medical health officer" BEFORE repealed by BC Reg 237/2018, effective November 15, 2018.

"medical health officer" means the medical health officer as defined in the Health Act;

 Section 1 (1) definition of "potable water" BEFORE amended by BC Reg 237/2018, effective November 15, 2018.

"potable water" means water which is approved for drinking purposes by a medical health officer under the Health Act;

 Section 1 (1) definition of "professional engineer" BEFORE amended by BC Reg 11/2021, effective February 5, 2021.

"professional engineer" means a person who is registered or duly licensed as such under the Engineers and Geoscientists Act;

 Section 3 (1) (b) and (e) (iv) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(b) hear from all persons who, in his opinion, are affected by the bare land strata plan,

(e) refuse to approve the bare land strata plan, if he considers that

(iv) the highways required to be dedicated prior to the approval of the bare land strata plan by the approving officer are not cleared, drained, constructed and surfaced to his satisfaction, or unless, in such circumstances as he considers proper, security in an amount and in a form acceptable to him is provided by the owner-developer,

 Section 4 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

4   Where the land intended to be included in a bare land strata plan is situated in an improvement district, the approving officer shall, within 7 days after the bare land strata plan is received by him for approval, notify the trustees of the improvement district.

 Section 5 (1) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Where the approving officer considers that portions of the land intended to be included in a bare land strata plan are or may be necessary

he may refuse to approve the bare land strata plan unless

 Section 6 (1) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) The approving officer may decline to approve a bare land strata plan if, where he considers access routes are necessary, he considers that

 Section 7 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

7   No bare land strata plan shall be approved by an approving officer unless he is satisfied that the access routes he considers necessary will not encroach on a strata lot.

 Section 9 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Where the land intended to be included in a bare land strata plan adjoins a lake, river, stream or other body of water, the approving officer may refuse to approve it unless the owner-developer has provided by dedication without compensation a strip of land not exceeding 7 m in width along the bank or shore for the purpose of providing public access, if, in his opinion, it is in the public interest to do so.

 Section 11 (a) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(a) the official community plan has been approved by the Minister of Transportation and Highways, and

 Section 12 BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

Water and sewers

12   Where land in a bare land strata plan would, if subdivided under the Land Title Act, be required to be connected by water, sewer or storm drainage mains to a water utility, community water system, sewage collection and disposal system or a drainage system operated by a municipality, regional district, improvement district, water district or any other public authority pursuant to a bylaw regulating the subdivision of land under the Local Government Act or Water Act, the approving officer shall not approve the bare land strata plan unless

(a) the water, sewer and storm drainage mains connecting the land to the utility or systems have been constructed in accordance with the standards and procedures set out in the bylaw, or

(b) the owner-developer has, in such circumstances as the approving officer considers appropriate, furnished security to the municipality, regional district or improvement district for the cost or his portion of the cost of constructing the water, sewer and storm mains in form satisfactory to the approving officer.

[am. B.C. Reg. 546/2004, App. s. 28.]

 Section 12 (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(b) the owner-developer has, in such circumstances as the approving officer considers appropriate, furnished security to the municipality, regional district or improvement district for the cost or his portion of the cost of constructing the water, sewer and storm mains in form satisfactory to the approving officer.

 Section 13 (1), (2) (a), (3) (a) and (5) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Where land intended to be included in a bare land strata plan is required to be connected to a water utility, community water system, sewage collection and disposal system or a drainage system pursuant to a bylaw enacted under section 746, 747 or 938 of the Local Government Act, the approving officer shall not approve the bare land strata plan unless he is satisfied that a water distribution system, sewage collection system and drainage system serving all the strata lots can be constructed on the land in accordance with the standards set out in the codes, or where the codes do not provide standards, in accordance with standards generally accepted as good engineering practice.

(2) Where the land intended to be included in a bare land strata plan is not required to be connected to a water utility or community water system, the approving officer shall not approve the bare land strata plan unless

(a) he is satisfied that each strata lot intended to be created has an adequate proven source of potable water or will have a supply of potable water adequate for its use or any prospective use the approving officer considers likely, or

(3) Where the land intended to be included in a bare land strata plan is not required to be connected to a sewage collection and disposal system, the approving officer shall not approve the bare land strata plan unless

(a) he is satisfied that a sewage disposal system can be constructed on each strata lot in accordance with the standards set out in the codes, or

(5) In such circumstances as the approving officer considers appropriate, he may approve a bare land strata plan where the requirements of subsection (2), (3) or (4) are not met if the owner-developer agrees in writing to enter into such covenants registrable under section 182 of the Land Title Act as the approving officer considers advisable.

 Section 14 (2) BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

(2) Where the owner-developer intends to supply the development with water from a source regulated under the Water Act, the owner-developer shall obtain a licence to divert and use the amount of water required to serve the development prior to the approval of the bare land strata plan by the approving officer.

 Section 14 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Where the source of potable water intended to supply the development is on land not intended to be included in the bare land strata plan, the approving officer shall not approve it unless he is satisfied that the owner-developer has obtained all rights-of-way or easements necessary to transport water from the source to the development.

 Section 16 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

16   Notwithstanding section 13 of this regulation, where

(a) a water distribution system, sewage collection system or drainage system is required to be constructed prior to the approval of a bare land strata plan by the approving officer, and

(b) the required systems have not been constructed on the land intended to be included in the bare land strata plan at the time it is submitted to the approving officer for approval,

the approving officer may, in such circumstances as he considers appropriate, approve the bare land strata plan if the owner-developer has furnished security for the cost of constructing the systems in an amount and form satisfactory to the approving officer.

 Section 18 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

18   On the approval of a bare land strata plan, the approving officer shall write on it "Approved as a bare land strata plan under the Strata Property Act" with the date of approval and shall sign it and append below his signature the title ................ [Municipal, or as the case may be] ............. Approving Officer for ...............[Name of municipality, or as the case may be]............... .

 Section 19 (3) (a) (part) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) satisfy himself that

(b) write on the plan "Inspected under the Strata Property Act", with the date of the inspection and his signature.

 Section 20 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) A bare land strata plan shall be tendered for deposit to the registrar within 2 months after it has been approved by the approving officer, or within such further time as the registrar, on application made to him before the expiration of the 2 months, may allow for sufficient cause.

 Section 21 (1) and (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Where the approving officer approves a bare land strata plan on the condition that a covenant or easement benefiting or burdening the land or any adjacent land be registered in the land registry office, he shall endorse the condition on the bare land strata plan.

(2) No registrar shall deposit a bare land strata plan until he is satisfied that all conditions endorsed on it by the approving officer have been met.