Forbidden Plateau

Can I build two homes on my property?

Yes. The Rural Twenty (RU-20) zone allows for two single family homes to be constructed on a property,
subject to siting, lot coverage and building height restrictions of the zone.

Can I strata title my two homes?

Yes – Each home can be subdivided into individual strata titles.

How do I strata each of my homes?

The Strata Property Act outlines the steps required to subdivide buildings into individual strata lots, subject
to whether a building has been occupied in the past for greater than 6 months.

Once both homes are at ‘lock up’ stage (i.e. framing inspection approved and ready for drywall) a strata plan
application may filed directly with the local Land Titles Office by a BC Land Surveyor to create the two strata
lots. Prior to filing the application, only one fee simple lot exists.

The surveyor must also provide an endorsement on the plan confirming that neither home has been
occupied in the past for more than 6 months.

What happens if I occupy my house for longer than 6 months?

Where a home has been occupied for longer than 6 months, the Strata Property Act requires that the local
Authorizing Agency (Comox Valley Regional District) approve the strata conversion prior to filing the Strata
Plan at the Land Title Office.

The Authorizing Agency can either ‘Approve’ or ‘Refuse’ the conversion, based on a set of prescribed
evaluation criteria (i.e. current rental vacancy within the community) and strata conversion policies.

If ‘Approved’ by the Authorizing Agency, the Strata Plan application is deposited at the local Land Titles Office
by a BC Land Surveyor to create the two strata lots.

Does the Comox Valley Regional District have a Strata Conversion Policy?

Yes. In 2009 the Comox Valley Regional District (CVRD) adopted a blanket policy that prohibits the strata
conversion of second homes on any rural or residential property.

How does the CVRD policy affect my ability to strata title my homes?

In order to bypass the CVRD policy, both homes must be constructed to ‘lock-up’ stage and a strata plan
application deposited at the Land Titles Office prior to either of the homes being occupied for greater than 6
months. Two typical scenarios’ are as follows:

Scenario ‘A’

  • Building permit issued for Home ‘1’.
  • Builder completes construction and residents move in (building now occupied).
  • Building Permit issued for Home ‘2’ and construction begins.
  • Framing inspection approved and building at ‘lock-up’ stage within 6 months of first home being occupied.
  • BC Land Surveyor endorses plan and Strata Plan Application deposited with Land Titles Office.
  • Plan registered and two strata titles created.
  • Builder proceeds with completing construction of Home ‘2’.

Scenario ‘B’

  • Building permit issued for homes ‘1’ and ‘2’ .
  • Buildings constructed concurrently to ‘lock up’ stage.
  • BC Land surveyor completes survey and endorses that no buildings occupied.
  • Strata Plan Application deposited with Land Titles Office.
  • Plan registered and two strata titles created.
  • Builder proceeds with construction of either homes or individually one at a time.

What is ‘Limited Common’ Property?

Limited Common property is areas identified on a strata plan that are for the sole benefit and exclusive use of
each individual strata lot owner.

What is ‘Common Property’?

Common property represents those areas shown on a strata plan that are for shared used. Each strata lot
owner has an equal beneficial interest in, and responsibility for, the common property (i.e. shared driveway
access).

Is Common Property required in all Strata Plans?

No. A strata plan can be formed exclusively of two (or more) areas of ‘limited common property’

How are ‘Limited Common’ and ‘Common’ Property designated?

Both Limited and Common property are defined on the strata plan at the time it is filed with the local land
title office.

How do I apply for a Strata Conversion?

A Strata Conversion application can be submitted directly with the Regional District of Nanaimo
(http://www.rdn.bc.ca/) along with supporting documents (i.e. building plans , inspection report, etc…) and
application fee’s ($600).

How long is the application process?

The conversion process varies on a case-by-case basis; however, typically takes 6 – 10 months to complete.

Where can I find more information about the Strata Title process?

A copy of the Strata Property Act can be viewed on-line at (http://www.bclaws.ca/) You can also speak
directly with a BC Land Surveyor (http://www.abcls.ca/)
for information about strata titling homes on a
specific property.