Approval Process for Bare Land Strata Plans
The following guidelines apply.
The minimum parcel size of the strata lots must meet the minimum parcel
size of the zoning bylaw.
If the Regional District does not have a subdivision bylaw, the requirements
of the provincial Subdivision Regulations (B.C. Regulation 262/70
to the Local Services Act apply. In this instance averaging of
the minimum parcel sizes of the Regional District zoning bylaws is still
possible. The minimum lot sizes permitted will be those set out in the
provincial Subdivision Regulations or minimum lot dimensions specified
by the Regional District. These cannot be reduced or averaged.
Lot density should be calculated based on the total area minus
any dedication for the access routes.
Sections 5 and 8 of B.C. Regulation 75/78, bare land strata
subdivisions must provide public road dedications to lands beyond and
to a body of water, as well as for continuity of existing roads.
The Minister of Transportation and Infrastructure has the authority to require these
highway accesses for all rural subdivisions. The Provincial Approving
Officer will administer this authority. The Provincial Approving Officer
may require widening of existing public roads. These dedications cannot
be accomplished by the strata plan. The road dedication must be done
on a conventional subdivision or reference plan, before the strata plan
is approved. Such roads need not be constructed, just dedicated by plan
at the discretion of the Provincial Approving Officer.
The internal roads of the strata plan are private roads. The strata
regulations refer to them as access routes, and they should be shown
as such on the strata plan.
Community Water, Sewage and Drainage Systems
Community water and sewage systems and storm drainage systems are treated
the same as in any conventional subdivision.
The following apply to systems that are not
Regional District, or Improvement District jurisdiction:
Community water system
- Treated as a utility
- Must meet all the requirements of the Ministry of Environment, Utility Regulation Section, Water Management Branch.
- Regional Health Authority approval pursuant to the Drinking Water
Protection Regulation B.C. Reg. 200/2003
Community sewer system
B.C. Regulation 75/78 requires developers to provide assurance that
they will register any easements necessary to protect water or sewer
lines where they go through strata lots.
Deposits and Guarantees
The Ministry and the Provincial Approving Officer cannot hold a security
deposit to guarantee completion of services. If a public third party
— such as a Regional District — or the agencies that have jurisdiction
wish to hold the security, the Approving Officer may approve the plan
provided the agency or public third party certifies that it has sufficient
For further information on easements and statutory rights-of-way, see sections 182 and 218 of the Land Title Act, as well as, Section 14 and 15 of the Bare Land Strata Regulation.