CONDOMINIUM FACT SHEET: CONDOMINIUM PLANS

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1 Office of Public Registry Administration CONDOMINIUM FACT SHEET: CONDOMINIUM PLANS What is the applicable legislation? The current Act is The Condominium Property Act, The current Regulations are The Condominium Property Regulations, Both the Act and the Regulations contain all recent amendments and are available on the Queen s Printer website at What is a condominium plan? A condominium plan is a plan that: is described in the heading of the plan as a condominium plan; shows the whole or any part of the buildings and land included in the plan as being divided into two or more units; and meets the requirements to be approved as a condominium plan. A condominium plan is deemed to be: a plan pursuant to The Land Surveys Act, 2000; and a plan of subdivision pursuant to The Planning and Development Act, Clause 2(1)(j) and subsection 2(3)of the Act What is a parcel? A parcel is all the land that is included in the condominium plan. Clause 2(1)(s) of the Act Who is a developer? A developer is a person who was the registered owner of the buildings and land included in a condominium plan on the day on which: the plan was registered before the Act came into force; the plan was approved pursuant to The Land Surveys Act, 2000; or titles were issued pursuant to the approved plan. 07/14/2016 Page 1

2 It includes a person who, as a result of a registration of a transfer executed by a person mentioned above, becomes the registered owner of all parts of buildings and land included in the plan that are not sold. Clause 2(1)(n) of the Act What types of condominium plans exist? A condominium plan can be a plan that consists of one or more of the following: bare land units; units intended or used for agricultural purposes; one or more buildings; and a phased development. Subsection 4(3) of the Regulations Condominium Units What types of units can be shown on a condominium plan? A condominium plan has to have a schedule that sets out, for each unit shown on the plan, whether the unit is: a bare land unit; a unit intended or used for agricultural purposes; a unit intended for residential purposes; a conversion unit; a parking unit; a services unit; or a regular unit. Clause 4(2)(ii) of the Regulations What is a bare land unit? A bare land unit is land that is situated within a parcel and described as a unit in a condominium plan by reference to boundaries governed by monuments placed pursuant to the provisions of The Land Surveys Act, 2000 and the regulations made pursuant to that Act respecting subdivision surveys. A bare land development is a development that consists of bare land units. Clauses 2(1)(c) and 2(1)(bb)(ii) of the Act What is a unit intended for agricultural purposes? A unit used for agricultural purposes includes the handling, storage, cleaning or drying of grain. Clause 2(1)(b) of the Regulations 07/14/2016 Page 2

3 What is a parking unit? Parking units were introduced to the Act in It is a titled unit used for parking. A parking unit is recorded in the Land Registry in the same way as other unit titles. Clause 2(1)(s.2) of the Act What is a services unit? A unit owned by a corporation and described as a unit in a condominium plan and includes any laundry room, recreational facility, landscaping area, roadway, hallway or other area intended for the benefit and use of all owners. Clause 2(1)(y.2) of the Act What is a conversion unit? A unit contained on a condominium plan that converts existing premises used for any purpose into units for residential purposes. Examples of this include: Apartment buildings; Buildings used for commercial retail purposes; or Warehouse lofts. Clause 2(1)(j.2) of the Act What is a regular unit? A regular unit is any other unit appearing on a plan that is not defined as a different type of unit such as a bare land unit, a services unit etc. Subsection 4(2.1) of the Regulations How can the units on a condominium plan be numbered? The units are to be numbered consecutively beginning with Unit 1 and ending with a unit numbered to correspond to the total number of units in the plan. Section 7 of the Regulations 07/14/2016 Page 3

4 Condominium Plan Approvals and Submissions What must a condominium plan comply with? A plan submitted for approval must comply with the following: it must meet the requirements for approval; it must be accompanied by the appropriate documentation; and it must meet the parking requirements. Sections 9, 10 and 11 of the Act Subsection 3(1) of the Regulations What has to accompany an application for approval of a condominium plan? An application to approve a condominium plan must be submitted to the Controller of Surveys through Information Services Corporation. A plan may be prepared and provided in an electronic form as set out in The Land Surveys Act, 2000 and must be accompanied by the following: a first sheet containing: o a plan heading which clearly indicates whether the type of development within the plan consists of one or more of the following: bare land units; units intended or used for agricultural purposes; one or more buildings; and a phased development; o the external surface boundaries of the parcel and the location of any buildings in relation to the boundaries; and o a statement containing any particulars that are necessary to identify the title to the parcel; further sheets containing: o an illustration of the units and distinguishing the units by numbers; o an illustration of the common property and an indication of any common facilities; o if a building is to be divided into units: the boundaries of each unit in the building by reference to floors, walls or ceilings or other monuments as defined in The Land Surveys Act, 2000; and the approximate floor area to the nearest full square meter of each unit unless it is a services unit; and o where the land is to be divided into units: the boundaries of each unit by reference to boundaries governed by monuments placed pursuant to the provisions of The Land Surveys Act, 2000 respecting subdivision surveys; and the approximate area to the nearest full square meter of each unit unless it is a services unit; 07/14/2016 Page 4

5 a schedule C that specifies in whole numbers the unit factor for each unit in the parcel, specifies the area of the unit and sets out whether the unit is: o a bare land unit; o a unit intended or used for agricultural purposes; o a unit intended for residential purposes; o a conversion unit; o a parking unit; o a services unit; or o a regular unit; a separate sheet for the Developer s Certificate signed and sealed by the developer; a separate sheet that sets out a certificate of a Saskatchewan Land Surveyor stating that: o if buildings are shown on the plan, they are within the external surface boundaries of the parcel that is the subject of the plan; o if eaves or guttering project beyond the external surface boundaries of the parcel, an appropriate easement has been granted as belonging to the parcel and an interest based on the easement has been registered against the title to the parcel; and o the units shown in the plan are the same as the units that exits; a certificate of the clerk of the local authority in Form B stating that the proposed division of the buildings or land has been approved by the local authority. A division includes the conversion of existing premises used for apartments, flats or tenements; when a portion of a building shown on the plan, other than eaves or guttering, encroaches on a street of land, a copy of a permanent encroachment agreement in Form A respecting the street or land that is entered into by the local authority, the Ministry of Highways and Infrastructure and the developer; and proof of community planning approval. Section 9 and 10 of the Act Subsections 3(1.1.) and 12(1), sections 4, 5, 6 and 7.1, and Forms A, B and C of the Regulations Who can approve a condominium plan? A condominium plan must be approved by the Controller of Surveys in accordance with The Land Surveys Act, 2000 and the Act and regulations. Clause 2(1)(b.1) of the Act When can a local authority issue a certificate in Form B? A local authority shall direct the issue of the certificate in Form B if it is satisfied that: separate occupation of the proposed units will not contravene any development control or zoning bylaw; any consent of approval required pursuant to a zoning bylaw or an interim development control bylaw has been given in relation to the separate occupation of the proposed units; 07/14/2016 Page 5

6 the construction of any buildings and the division of the buildings and lands into units for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and the public interest; the requirement to designated parking spaces or parking units has been or will be complied with; and if the application relates to the conversion of existing premises used for apartments, flats or tenements into units intended for residential purposes; o the conversion will not reduce below the prescribed level of 2.5% for the availability of rental accommodation in the area; o the conversion will not create significant hardship for any or all of the tenants of the existing premises, taking into consideration any mitigation plan proposed by the developer; and o the building and the parcel have the physical characteristics considered necessary by the local authority to make the premises suitable for conversion. Subsection 10(5) of the Act Section 8 and 8.1 of the Regulations When does The Planning and Development Act, 2007 apply? The Planning and Development Act, 2007 (P&D Act) and regulations apply to any land that is subject to a condominium plan or proposed condominium plan or with respect to which a condominium plan is terminated except in the following circumstances: to the division of a building pursuant to the Act if the surface boundaries of the parcel correspond to the boundaries of a lawful parcel within the meaning of the P&D Act and any disposition of common property does not contravene the provisions of the Act; bare land condominium plans do not have to comply with section 133 of the P&D Act; if an approving authority is of the opinion, bare land condominium plans may not have to comply with some subdivision regulations; to relief from compliance as allowed in section 133 of the P&D Act if the land is subject to a proposed bare land condominium plan; to the access requirements in clause 128(1)(d) of the P&D Act if a unit is in a bare land condominium plan; and a parking unit is not a bare land unit that is required to be submitted for subdivision approval to the appropriate approving authority if it is: o designated to a unit intended for residential purposes; or o found on a plan in which at least 80% of the parking units are designated to a unit intended for residential purposes. In addition, and subject to other P&D Act provisions, if an approving authority is of the opinion that compliance with the requirement of any applicable subdivision regulations is impractical or undesirable because the proposed plan is a bare land condominium plan rather than a plan of subdivision, the approving authority may: 07/14/2016 Page 6

7 relieve the applicant from compliance, in whole or in part, with the requirement; and issue a certificate of approval for the bare land condominium plan, endorsed to indicate that the approval is granted in accordance with the subdivision regulations subject to the waiver of any provisions of those regulations. Section 3 of the Act Subsection 8(4) of the Regulations How long can a developer take to act on a plan? The issuance of titles pursuant to an approved condominium plan, replacement plan or amendment plan must be obtained within one year after the date that the plan was approved. Section 108 of the Act What has to be provided along with an application to issue titles pursuant to an approved condominium plan? Once the condominium plan has been approved, an application to raise titles for the parcel is to be submitted to the Land Registry at Information Services Corporation. This must be accompanied by: an application to register an interest based on an endorsed declaration or a developer s reservation in Form J; an application to register an interest based on a permanent encroachment agreement, if required; if required, a description of the parking space or parking unit that is designated to the unit or a description indicating that the unit contains a parking area of garage within the boundaries of the unit in Form F.1; a Form C that specifies the unit factor for each unit; the information to be provided in Form OO to obtain a condominium corporation number; a standard unit description; the value of each condominium unit; and if available, the name of the new condominium corporation as approved by the Corporate Registry. Clause 2(1)(z.01), subsection 5.1(1) and section 34 of the Act Subsections 3(2) and 12.1(b), sections 21, 22 and 41 and form F.1, and OO of the Regulations 07/14/2016 Page 7

8 What happens when the application to issue titles for the parcel pursuant to an approved condominium plan is submitted to the Land Registry? An application to issue titles for the parcel is to be submitted to the Land Registry at Information Services Corporation. On receipt of the application, the Land Registry will: advise the developer of the condominium corporation number; cancel the ownership register for the parcel and titles described in the plan, except as to any mines and minerals included in the parcel; issue in the name of the developer a title for each unit in the plan designate a parking space or a parking unit for each unit intended for residential purposes if required by the Act; carry forward any interests that were registered against the cancelled title; and register against all titles any interest that affects all of the owners. Subsections 5.1(2) and 5.1(3) of the Act Phased Developments What is a phased development? A phased development means a condominium developed in stages pursuant to sections 16 to 20 of the Act. Clause 2(1)(e) of the Regulations What is an additional unit? It is a unit not described in a condominium plan, but described in a declaration. Clause 2(1)(b) of the Act When are additional units relevant? On a phased development, a developer s declaration sets out any units to be added or built by the developer in subsequent phases of the development. These additional units will be shown on future replacement plans. Section 16 of the Act What is a replacement plan? It is a condominium plan that shows the parcel, buildings and units together with any additional units and additional common facilities. It is used in Phased Developments. Clause 2(1)(x) of the Act 07/14/2016 Page 8

9 When is a replacement plan required? For each phase of the development disclosed in the developer s reservation registered against titles issued pursuant to the original condominium plan, a developer must submit an application for and obtain the issuance of titles pursuant to an approved replacement plan. This must occur within: two years after the day on which the developer s reservation interest is registered for the phase; or any period of extension allowed pursuant to the Act. You should further note that any approved condominium plan, replacement plan or amended plan must be acted on within one year of the date of its approval. Subsection 17(1) and 108 of the Act What happens if titles are not obtained pursuant to the replacement plan within the time required? Where issuance of titles is not obtained within the time required, all rights reserved to the developer under the developer s reservation cease. Subsection 17(2) of the Act How can a developer amend a declaration? A developer may amend a declaration by: obtaining approval of the amendment by a special resolution of the corporation; obtaining a certificate of acceptance granted by the minister; and registering, before the expiry period, an amendment to the interest based on a developer s reservation accompanied by: o a notice of amendment to the declaration in the prescribed form; and o a declaration endorsed with the certificate of acceptance. Section 18 of the Act How can a developer obtain an extension of time on the declaration? A developer can obtain an extension of time by: obtaining consent of the corporation; or obtaining a court order. How can the developer obtain an extension of time via the consent of the corporation? The time allowed for the completion of any additional units or additional common facilities may be extended by consent by: approval of the extension by special resolution of the corporation; 07/14/2016 Page 9

10 granting by the minister of a certificate of acceptance; and registering an amendment of a developer s reservation interest, before the expiry of the time allowed for completion, which is to be accompanied with: o a notice of extension in Form Q; and o a declaration endorsed with the certificate of acceptance. Subsections 19(1)-(3) of the Act Section 29 and Form Q of the Regulations How much extension of time can be granted on a phased development via consent? The period or periods of extension granted for the submission of titles pursuant to a replacement plan for a particular phase of a phased development must not exceed four years after the day on which developer s declaration interest for that phase is registered. Subsection 19(4) of the Act When is an extension of time effective? No extension of time is effective unless an amendment to the interest based on a developer s reservation has been registered. Subsection 19(5) of the Act How can the developer obtain an extension of time via application to the courts? A developer may apply to the court for an order amending the declaration or extending the time for obtaining the issuance of titles pursuant to the replacement plan by: making an application not later than one year after the expiration of the time allowed for obtaining the issuance of titles pursuant to the replacement plan; and serving the application on the corporation, the local authority, the minister and any other person the court considers appropriate. Each served party is entitled to appear and be heard in person or by counsel. Section 20 of the Act What may a court do when an application to extend time is made? On hearing an application to extend time, the court may make any order it considers appropriate including: restoring the rights of the developer under the developer s reservation on any terms and conditions that the court considers appropriate; directing the minister to grant a certificate of acceptance; directing the Controller of Surveys to approve the replacement plan; directing the Registrar to issue titles pursuant to the approved replacement plan; and 07/14/2016 Page 10

11 directing the developer s reservation to lapse and directing the Registrar to take any necessary steps to give effect to that order. Subsection 20(3) of the Act How are titles issued pursuant to a replacement plan? Once the replacement plan has been approved, an application to raise new titles is to be submitted to the Land Registry at Information Services Corporation. This must be accompanied with: a certificate of a member of the board stating that the corporation, by a resolution of the board, approves or does not oppose the issuance of titles pursuant to the plan; a developer s reservation, if required; an authorization of issuance of titles pursuant to the replacement plan in Form X; and a schedule specifying the unit factors for each unit in Form V. Subsections 23(1) - 23(2.1) of the Act Section 38 and Form V and X of the Regulations What happens when a developer submits an application to issue titles pursuant to a replacement plan? On receipt of an application, the Land Registry will: discharge the interest based on a developer s reservation registered on titles; cancel the titles to the units described in the condominium plan; issue to the owners titles for their units as described in the replacement plan, subject to all interests affecting those units that are registered on the cancelled titles; issue to the developer titles to the additional units; designate a parking space or a parking unit for each additional unit; register against the titles to the additional units any interest that affects all of the owners; and do any other things that the Registrar considers necessary or advisable to carry out the purposes of this section. Subsection 23(3) of the Act What is the developer responsible for in relation to the registration of a replacement plan? The developer is responsible: for all expenses and liabilities incurred on or in connection with the additional units, additional common facilities and any land to be added to the common property up to the date that titles are issued pursuant to a replacement plan, including: o property taxes; o local improvement charges; and o fire and public liability insurance premiums; 07/14/2016 Page 11

12 to indemnify the owners of the units described in the condominium plan and the corporation for all costs, damages, claims and demands of any kind resulting from the exercise of any of the rights reserved to the developer under the developer s reservation interest; and for the fees of the Registrar and Controller of Surveys for services provided to meet the replacement plan requirements. Subsection 23(4) of the Act Condominium Plan Amendments What is the process for amending a condominium plan? Basically, there are three steps that that need to occur. The condominium corporation has to: obtain the required consent to proceed; obtain approval of the Controller of Surveys of either a new condominium plan or an amendment to an existing condominium plan; and submit an application to issue new titles to the Land Registry. Section 14 of the Act What consent is required for the condominium plan to be amended? Unanimous consent of all unit owners and holders of registered interests based on mortgages must be obtained. However, if consent of 80% of all units owners and holders of registered interests based on mortgages is obtained, those who did not consent must be served with a notice stating that required 80% consent has been obtained and a non-consenting owner or mortgage holder can apply to the court within 30 days to challenge the decision to amend the plan. If no applications to court are made during the 30 day period, the amendment can proceed. Subsections 14(1) and 14(2) of the Act What has to be provided with an application to issue titles pursuant to an amendment to a condominium plan? Once an amended or new condominium plan has been approved, an application to raise titles is to be submitted to the Land Registry at Information Services Corporation. This must be accompanied by: a copy of the approval of the Controller of Surveys for a new condominium plan or a copy of an order for an amended condominium plan; an amending instrument in Form R; a schedule of units, service units and unit factors in Form V; a Form S which includes: 07/14/2016 Page 12

13 a certificate from the condominium corporation under the seal of the corporation stating that the consents of the corporation have been obtained; proof of service of a notice of the amending instrument, effected not less than 30 days before submitting the application to issue titles on anyone who did not provide consent; and proof of service of a notice of the amending instrument on the local authority; if the plan includes units intended for residential purposes, a designation of parking in Form F.1; an standard unit description; an interest analysis prepared by ISC; and where the amendment affects unit factors, a statement showing the existing units, with accompanying unit factors and registered owners, together with the units and unit factors that the registered owners will own as a result of the amendment. Although your application to issue titles will not be rejected if there is no standard unit description attached, it is recommended that you consider preparing a standard unit description and submit it with your application to issue titles upon an amendment of a condominium plan if one has not already been filed with the Director of Corporations. Section 14 of the Act Sections 31 and Form S, R and V of the Regulations What form does the certificate of consent have to be in? A certificate of consent from the condominium corporation must be in Form S. Section 32 and Form S of the Regulations What happens when the new or amended condominium plan is submitted to the Land Registry? On receipt of an application, the Land Registry will: issue any new titles; register against the new title issued for a unit any interest registered against the cancelled title to that unit that has not been discharged; and register against the new title issued for a unit any additional interests that affect all the owners based on the statement setting out the priority of the interests. Subsection 14(10) of the Act 07/14/2016 Page 13

14 Condominium Plan Amendments of Unit Factors What is the process for amending unit factors? Basically, there are two steps that need to occur. The condominium corporation has to: obtain the required consent to proceed; and submit an application to issue new titles to the Land Registry. Sections 14 and 15.1 of the Act What consent is required for amending unit factors? Unanimous consent of all unit owners and holders of registered interests based on mortgages must be obtained. However, if 80% consent of all units owners and holders of registered interests based on mortgages are obtained, those who did not consent must be served with a notice stating that required 80% consent has been obtained and a non-consenting owner or mortgage holder can apply to the court within 30 days to challenge the decision to amend unit factors. If no applications to court are made within the 30 day period, the amendment can proceed. Subsections 14(1), 14(2), and 15.1(1) of the Act What has to be provided with an application to issue titles pursuant to an amendment of unit factors? Once a new or amended condominium plan has been approved, an application to raise titles is to be submitted to the Land Registry at Information Services Corporation. This must be accompanied by: an amending instrument in Form W; a schedule of existing and amended units, service units and unit factors; a Form S which includes: a certificate from the condominium corporation under the seal of the corporation stating that the consents of the corporation have been obtained; proof of service of a notice of the amending instrument, effected not less than 30 days before submitting the application to issue titles on anyone who did not provide consent; and proof of service of a notice of the amending instrument on the local authority; a statement showing the existing units, with accompanying unit factors and registered owners, together with the units and unit factors that the registered owners will own as a result of the amendment; if the plan includes units intended for residential purposes, a designation of parking in Form F.1; and a standard unit description. 07/14/2016 Page 14

15 Sections 14 and 15.1 of the Act Sections 31 and 37 and Form S, W and V of the Regulations What happens when the new or amended condominium plan to change unit factors is submitted to the Land Registry? On receipt of an application, the Land Registry will: cancel the title to each unit; issue a new title to the unit showing the amended unit factor; and provide the new unit factor schedule to the Controller of Surveys, and then the plan is amended. Subsection 15.1(3) of the Act What is not considered an amendment of unit factors? The following are not considered a change to the unit factors and therefore, do not have to follow the unit factor amendment requirements of the Act: a change from a parking space to a parking unit; and where the Controller of Surveys orders a correction pursuant to section 41 of The Land Surveys Act, 2000 to correct an omission, clerical error or other defect in an approved condominium plan. Subsections 15.1(1.1) and 15.1(4) of the Act Redivision of Units Does a redivision require a new plan? In the case of a proposed redivision, the Controller of Surveys may: require a new condominium plan to be submitted for approval; or permit the redivision to occur by an amendment to an existing condominium plan. Subsection 25(5) of the Act Section 39.1 of the Regulations When can an owner redivide a unit? The owner of a unit may redivide a unit by obtaining: approval of the local authority; the Controller of Survey s approval of a new condominium plan or of an amendment to an existing condominium plan; the issuance of titles pursuant to the new condominium plan or the amendment to an existing condominium plan; and the specification of parking space or parking unit that is designated for each new unit intended for residential purposes, if required. 07/14/2016 Page 15

16 The submission to the Controller of Surveys has to meet the following requirements: identify the existing unit that is to be redivided; specify the unit or units into which the existing unit is to be redivided; include the unit factor schedule that specifies in whole numbers the unit factor for each unit in the parcel which must apportion among the units involved in the redivision the unit factors for any units in the original plan that are included in the redivision; ensure that the unit or units created on a redivision are not numbered in a manner that uses numbers already assigned to units in the existing condominium plan; the provisions of the Act relating to condominium plan apply, with any necessary modification, to a new condominium plan or amendment of a condominium plan submitted to the Controller of Surveys for redivision; must be made pursuant to section 42 of The Land Surveys Act, 2000 if done by a plan amendment; if the new or amended condominium plan proposes to create a new services unit or additional common property, the approval of the corporation in Form NN must accompany the plan or amendment when it is submitted to the Controller of Surveys for approval; and any other documents or information required by the Controller of Surveys. Section 25 of the Act Section 39 and 39.1and Form NN of the Regulations What has to be provided with an application to issue titles pursuant to a redivision? Once a new or amended condominium plan has been approved, an application to raise titles is to be submitted to the Land Registry at Information Services Corporation. This must be accompanied by: the written consent of the owner of the unit to be redivided; the written consent of any mortgage holder of an interest that is registered against the title to the unit to be redivided; confirmation that the Controller of Surveys has approved the plan amendment if done by plan amendment; a description of the parking space or parking unit that is designated for each new unit; applications for issuance of titles to the new titles being created; information to update the records for the condominium corporation for the Director of Corporations; and any other application or information that the Registrar may require. The Registrar has the authority to surrender the title with or without the consent of: the owner of the unit; and any holder of an interest that is based on a mortgage that is registered against the title to the unit. 07/14/2016 Page 16

17 Subsections 25(6) and 25(8) of the Act Subsections 39(4) and 39.1(3) of the Regulations What happens when the new or an amended condominium plan to redivide a unit is submitted to the Land Registry? On receipt of an application, the Land Registry will do the following, as required: cancel the titles to each unit being redivided or to all the existing units; issue a new title for each unit being created that: o references the new condominium plan; o contains the same ownership, value and interest registration information as the title surrendered; and o references the parking space or parking unit designated for each unit; ensures that interests affecting a unit that were registered on the cancelled title or titles carry forward to the new titles; and if done by plan amendment, submit to the Controller of Surveys to amend the plan. Subsection 25(7) of the Act Subsections 39(5) and 39.1(4) of the Regulations 07/14/2016 Page 17

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