Quick links
- BC Strata Housing website: You can’t tell by looking
- Bare Land Strata Regulation
- ParcelMap BC
- myLTSA Explorer
What is a bare land strata?
In bare land stratas, the land is subdivided and the strata plan is filed before any homes are constructed. Before a person applies to deposit a bare land strata plan, the person must obtain the approval of an approving officer (usually the municipal engineer, chief planning officer, or some other employee of the municipality appointed by the municipal council). The strata plan must comply with the Bare Land Strata Regulation.
The strata lot is essentially a plot of land. The owner-developer often sells the strata lot and the purchaser agrees to hire the developer to build the home.
You can’t tell by looking at a property whether it’s a bare land strata. Just because there are detached homes does not necessarily mean it’s a bare land strata. You have to look at the strata plan. The words “bare land strata” will appear on the first page of the strata plan near the signature of the approving officer. Also, the strata lots will be empty. There won’t be any outlines of the homes on them, only the surveyor’s dimensions of each strata lot and the common property. The only buildings shown on a bare land strata plan are buildings that are common property such as a club house. The common property could also include roads, streetlights, a septic system, a clubhouse, playground, forested areas and more. Pipes, wires, cables, ducts and other facilities for passage or provisions of water, sewage, gas, oil or other similar services may also be common property.
- If the words “bare land strata” do not appear on the first page of the strata plan it’s not a bare land strata!
- If the homes are shown on the strata plan it is not a bare land strata, it’s a “building strata” (just like a condo building)!
Bare land strata vs. building strata
There is often confusion about the difference between bare land stratas and building stratas. There are two important differences that every owner should understand.
- Insurance
- Repairs and maintenance
The Strata Property Act says that the strata corporation must insure common property, common assets, and buildings shown on the strata plan. If there’s a clubhouse or some other common property building, then it’s obvious that the strata corporation must insure it. However, there have been situations where the strata corporation mistakenly thought that each owner was responsible to insure their “house”. If the “houses” are shown on the strata plan, the strata corporation must insure them.
Repairs are a different matter. When it comes to repairs it doesn’t matter whether the house is insured by the strata or the owner. What matters are the boundaries of the strata lot. The Strata Property Act says that the strata corporation must repair and maintain common property and common assets. If the “house” is entirely inside the strata lot (the plot of land), there is no part of the house that is common property. Therefore the owner of the strata lot is responsible to repair and maintain the roof, windows, siding, garage, driveway, etc.
It’s important to clarify whether the home is in a bare land or building strata and understand the insurance and maintenance implications before proceeding with a purchase.
How to confirm your strata is a bare land strata
There are two easy ways to check whether the strata corporation is a bare land strata.
- ParcelMap BC
- MyLTSA Explorer
1. Go to ParcelMap BC. On the left side select Civic Address (type an address in the search bar) or Plan Number (type a strata plan number in the search bar). When the map appears zoom in and out to see the detailed information for the property. In ParcelMapBC, purple indicates strata properties of which there are 2 types: building stratas and bare land stratas. Blue properties are not stratas.
- Dark purple: These say “Building Strata [strata number]”. The purple area does not show individual strata lots.
- Light purple: These are bare land stratas. Zoom in and you can see each bare land strata lot.
- For example, search VIS2219. You’ll see 5 bare land strata lots (A, B, C, D, E) and a common property road. Move to the right on the map and you’ll see two building stratas that are dark purple: EPS 1700 and VIS6467.
2. Go to the myLTSA website and register for a free “myLTSA Explorer” account. Search the strata plan number (such as VIS2219). In the search results it will show you that a strata plan is available to purchase. Under “Type” it will say either “Strata Plan” or “Bare Land Strata Plan”. If you wish you can purchase and download it.
Are the laws the same for bare land stratas?
The Strata Property Act and Standard Bylaws apply to all strata corporations, including bare land stratas. Every so often you’ll see an exception. For example, Standard Bylaw 5 says “An owner must obtain the written approval of the strata corporation before making an alteration to a strata lot that involves any of the following (a) the structure of a building, (b) the exterior of a building, (c) chimneys, stairs, balconies or other things attached to the exterior of a building…” However, it also says “This section does not apply to a strata lot in a bare land strata plan.”
There are two additional sets of regulations for bare land stratas: Bare Land Strata Regulations and Bare Land Strata Plan Cancellation Regulation. The development might also have a building scheme.
What’s a building scheme?
At the time of subdivision, a developer can impose certain restrictions called a “statutory building scheme” (SBS). It’s usually meant to establish a “look and feel” for consistency and to enhance the value of property. It might restrict the size of buildings, the styles, finishes or colours. This can limit the nature of renovations especially changes to the exterior. It could restrict landscaping, the height of trees and fences. Residents might not be allowed to park RVs and boats in their driveways, add outbuildings or secondary suites, have livestock or other animals, or use the property for business purposes.
The owner developer files the SBS with the strata plan under Section 220 of the Land Title Act. It’s registered at the Land Title Office and forms a “charge” against the property. It’s included in the disclosure statement provided to first buyers, and listed on the title record. A SBS will remain registered against the title of a property and bind the future owners of the property.
The building scheme requires owners to request certain approvals from the developer. This creates a problem with older building schemes when the developer no longer exists or can’t be found. Owners are left in a difficult position. If they want to make changes to the property that require approval there is nobody to get approval from. This doesn’t invalidate the building scheme or the requirement for approval. If a situation arises, the other owners could go to court to have the SBS enforced.
Some stratas might incorporate a SBS into the strata’s bylaws so that the strata corporation can enforce the same rules. Dealing with a building scheme is complex and it’s a good idea to get legal advice.
Member-only resources
Log in to your account to access the following resources:
- 3 sample strata plans (including phased and bare land strata plans)
- Purchasing documents from the Land Titles Office
