Table of Contents

1.01.04.05 Covenants

Covenants

The Approving Officer may require a covenant as a condition of approval, or there may already be one or more covenants on the title which must be complied with. The following are some of the most common cases, but there are others as well:

  • A parcel cannot satisfy sewage disposal regulations (with respect to on-site primary and secondary sewage disposal areas)      
  • Part of the lands to be subdivided is subject to natural hazards, including erosion, flooding, landslip or rock fall
  • Approval is based either on specific land uses only or on denying specific land uses

A covenant may be of a negative or positive nature and may include one or more conditions as noted under Section 219 of the Land Title Act. Various agencies and line ministries can recommend covenants as conditions of approval under different Acts such as:

Community Charter (Regional District, municipalities)

Drinking Water Protection Act

Health Act

Heritage Conservation Act

Agricultural Land Commission Act

Local Government Act (Regional District, municipalities)

This guide is a living document; it is subject to change without notice. Please check the Rural Subdivisions Website (http://www.th.gov.bc.ca/DA/Subdivision_Home.asp) to make sure your version is sufficiently current.