LCP As Ancillary Use

By Bradley Cronquist
Categories: Blog, Real Estate

The Land Title Office recently considered the filing of a “building” strata plan in which a number of the strata lots consisted of a bunkhouse measuring less than 100 sq. ft.  Each of the bunkhouse strata lots had designated for their exclusive use LCP which was considerably larger than the strata lot, and in some cases the LCP area measured over 2,000 sq. ft.

The Registrar requires, for the filing of a building strata plan, that strata lots shall be the primary use area, with the LCP area only intended for ancillary uses to the strata lot.  These requirements are set out in the case of Swan Lake Recreation Resort Ltd. v. Registrar, Kamloops Land Title Office, and the Land Title Office Practice Bulletin No. 0299.1.

The Registrar’s concern was that the bunkhouse strata lots, being under 100 sq. ft., were intended to be only for ancillary use to the much larger LCP area. 

The Registrar made inquiries with the lawyer for the developer seeking clarification of the intended use of the strata lot and LCP, and received a memorandum from the lawyer in response. 

The memorandum set out that the bunkhouse strata lots were all connected to services including plumbing, electricity, potable water and sewer, were permanent, and built on reinforced concrete foundations, and were of a suitable size to accommodate a bed and furniture to permit the use of the bunkhouse for habitation.

Even though the lawyer for the developer confirmed the LCP could be used for the parking of a recreational vehicle, and was developed to permit a recreational vehicle parked on the LCP to be hooked up to services, the Registrar appeared to be satisfied that the requirements of Land Title Office Practice Bulletin No. 0299.1 were met and approved the filing of the strata plan.

As this was a building strata plan, no approval from an approving officer was required.  If the strata plan was a bare land strata plan, approving officer approval would have been required.

Other developers who wish to avoid approving officer approval for a strata plan, and wish to sell interests in land for the purpose of parking a recreational vehicle, may seek to rely upon this decision.  However, they will have to meet a similar test of satisfying the Registrar that the purpose of the LCP is an ancillary use to the building strata lot.

For more information on this topic, contact Pushor Mitchell Partner, Brad Cronquist at:
cronquist@pushormitchell.com or (250) 869-1150