Quick links
- Strata Property Act
- Schedule of Standard Bylaws
- Strata Property Regulation (including forms)
- Bare Land Strata Regulations
- BC Strata Housing website “Find it Fast”
- Changes to Strata Legislation (2011 to present)
What legislation governs stratas in BC?
Whether a duplex, townhouse, condo, bare land, or commercial strata, all strata corporations in British Columbia must operate according to the law. While strata owners and council members aren’t expected to be experts on all of this legislation, the strata corporation is legally responsible to comply with it. When needed, strata councils may rely on lawyers, consultants, contractors, and tradespersons to ensure compliance.
Strata owners and council members should become familiar with:
- Strata Property Act
- Strata Property Regulation (including forms)
- Schedule of Standard Bylaws and/or amended bylaws
- For bare land stratas: Bare Land Strata Regulations and Bare Land Strata Plan Cancellation Regulation
- A strata created before 2000 may need to look up information in the previous legislation, the Condominium Act (repealed)
Strata owners and councils should also look up information as needed in the:
Stratas must also comply with federal, provincial, and municipal laws including:
- Personal Information Protection Act (PIPA)
- Human Rights Code
- Low Carbon Fuels Act and Regulations
- Employment Standards Act
- Workers Compensation Act and Occupational Health and Safety Regulation
- BC Fire Code
- BC Building Code and Plumbing Code
- Electrical Code, Safety Standards Act, and Safety Regulations
- Municipal bylaws and more
About the Strata Property Act and Regulation
The Strata Property Act (SPA) is the main piece of legislation that governs strata corporations in BC. It’s accompanied by the Strata Property Regulation which adds details. For example SPA s. 35 lists the documents and records that a strata corporation is required to keep and says “Records referred to in this section must be retained by the strata corporation for the periods set out in the regulations.” You then have to read Regulation 4.1 to see how long each type of record must be kept.
The legislation in BC started with the Strata Titles Act in 1966. It was quite short, just 25 sections that gave a bare-bones framework about how to create a strata development but not much about operating the strata. Generation two of the Strata Titles Act came out in 1974. Its 67 sections filled in more detail and gave more direction to strata corporations and councils. In 1979, it expanded to about 130 sections and was renamed the Condominium Act. The legislation underwent a major rewrite in the mid-90s emerging with a new name. The Strata Property Act received royal assent on July 30, 1998 and became effective on July 1, 2000. It’s now one of the longest pieces of legislation in BC with over 300 sections. To learn more about the history of strata legislation in BC, see the interview with Kevin Zakreski, a staff lawyer at the British Columbia Law Institute (BCLI), featured in the August 2023 issue of the VISOA Bulletin.
The Strata Property Act is lengthy and complex. No one expects you to memorize it. We organized this knowledge base to make it easy to look up topics. The articles will help you find the relevant sections of the Strata Property Act.
About the Schedule of Standard Bylaws
The Schedule of Standard Bylaws are the default bylaws for all strata corporations. The Standard Bylaws apply except where different bylaws have been registered with the Land Title Office. For example, the Standard Bylaws allow an owner, tenant or occupant to have a maximum of one dog or one cat. The strata corporation could amend this bylaw to increase or decrease the number of dogs and cats allowed or it could prohibit them. A ¾ vote of the owners at an annual or special general meeting is required to create, amend, or repeal a bylaw. Learn more about bylaws.
In other words, all strata corporations have bylaws even if they have never adopted their own bylaws.
How strata legislation applies to bare land stratas
The Strata Property Act and Standard Bylaws also apply to 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. Learn more about bare land stratas.
Member-only resources
Log in to your account to access the following resources:
- Strata Property Act convenience copy
- Standard Bylaws convenience copy
- Strata Property Regulation convenience copy
- Bare Land Strata Regulations convenience copy