Phased Strata Plan Declarations Form P

Year
2007
Number
B134
Sponsor(s)
Parksville

WHEREAS section 222 of the Strata Property Act provides for the approval of an approving officer of Phased Strata Plan Declaration Form P at the first phase of a phased strata plan, however the Act does not provide direction as to what the approving officer may consider during the approval process; AND WHEREAS phased strata plans can actually result in a subdivision if the developer does not proceed with the phasing, so the approving officer should be able to impose conditions equivalent to those in subdivision: THEREFORE BE IT RESOLVED that the Union of BC Municipalities urge the Province to expand and clarify the legislation that addresses Phased Strata Plan Declarations, so as to provide clear discretionary authority to the approving officer over the declaration approval and the ability to address servicing requirements.

Provincial Response

Ministry of Finance This issue involves the interaction between the Land Titles Act and the Strata Property Act. Improving the approval process for phased strata plans is in the best interest of applicants, local governments, agencies involved in the approval process, and the general public. The government will review the issue and intends to discuss any proposed changes in this area with stakeholders. The UBCM will be invited to participate in consultations once they are underway.

Convention Decision
Endorsed