Subdivision & Stratification

Subdivision

The term Subdivision refers to the alteration of an existing property line and/or the creation of several lots from one or more parcels.

Applications to subdivide are reviewed by the City of Fernie's Approving Officer to ensure compliance with provincial legislation such as the Land Title Act, the City's Official Community Plan, Fernie's Zoning Bylaw, the Subdivision & Development Servicing Bylaw and other relevant municipal bylaws.

Application Process

Property owners wanting to subdivide must download and complete an application form.

Subdivision applications can be submitted at City Hall, along with the permit fee and required supporting documents, as outlined on page two of the application form.

Applications are reviewed by the Planning department and may involve a referral to other City of Fernie departments and external stakeholders or government agencies for input.

Once the application has been reviewed and is determined to be feasible, the Planning department drafts a Preliminary Layout Agreement (PLA) outlining the conditions the applicant must meet in order for the Subdivision to be approved. While each Subdivision is different and includes different requirements, some common conditions may involve:

  • Registering covenants on title
  • Installing required City services
  • Removal and/or relocation of non-conforming accessory structures
  • Legalizing the siting of an existing non-conforming structure through applying for a Development Variance Permit
  • Apply for a Zoning Amendment if the proposed subdivision requires a different land use (for example, dividing an R1 parcel into two R1SL lots)
  • Apply for a Hazard Lands Development Permit if the property is identified as being within one or more of the Hazard Land Development Permit Areas
  • The construction of a new road to ensure adequate access

Other conditions may apply dependent on the scope of the Subdivision.

Once conditions are met, the applicant obtains a legal subdivision plan through a BC registered land surveyor. Approved subdivisions are registered through the Land Title Office with the signature of an Approving Officer on the plan of subdivision. A notification is sent to BC Assessment and other external agencies to assign a new civic address as required.

Subdivision applications may take varying lengths of time to complete and are dependent on how long the applicant takes to meet the conditions included in the Preliminary Layout Agreement (PLA), and the length of the registration process through the Land Title Office.

Property owners wishing to consolidate lots must consult with a legal representative to complete the transaction. This process does not require approval from the City of Fernie.

Requirements

In addition to meeting regulations and bylaw requirements, a subdivision must:

  • Provide adequate road access to the property
  • Provide satisfactory City servicing
  • Adhere to Part 14, Division 11 the Local Government Act, which requires the minimum frontage for new parcels be at least 10 percent of the parcel perimeter.
  • Address any potential hazardous conditions and environmental issues
  • Not unreasonably impact the established amenities of adjacent properties
  • Be suited to the configuration of the land
  • Not prevent future subdivision of adjacent land

The City of Fernie provides guidance through the subdivision approval process with reference to servicing, street lighting, lot grading, access permits and drainage on fee simple lands, as well as soil removal and deposit permits.

Subdivision applications may take varying lengths of time to complete and are dependent on how long the applicant takes to meet the conditions included in the Preliminary Layout Agreement (PLA), and the registration process through the Land Title Office.

Detailed information about Subdivisions is available within the Subdivision & Development Servicing Bylaw.

Stratification

Property owners wanting to stratify a previously occupied building must download and complete an application form.

Supporting documents required to be submitted with a stratification application include:

  •  A recently extracted Title Certificate (within the last 2-3 months), needed to review the most recent covenants and charges registered on title (available through myLTSA online services: https://ltsa.ca/)
  • A Building Code Analysis completed and stamped by an Architect.
  • A preliminary Strata Plan.

Once received, staff will review the proposal and may request further documentation based on the scope of the project or nature of the site. Planning staff will make a recommendation, and write a staff report to bring forward to Council for consideration. Council will consider the application at a regular council meeting and apply the framework outlined in the Strata Property Act to make a resolution which could be to deny the application or approve the application with or without conditions.

If the resolution includes conditions, they will form a checklist for the applicant to address for the stratification to advance. For example, if one of the conditions is that improvements to the building noted in the Building Code Analysis be to be completed, then those improvements must be finalized following the Council meeting and prior to the approving officer signing off on the stratification.

As per the Strata Property Act, the approving authority is required to consider the proposal within a specific framework when making their decision. Section 242 of the Strata Property Act outlines the process that municipalities are required to follow, and more specifically point (6) outlines the framework for approving authorities:

(6) In making its decision, the approving authority must consider

(a) the priority of rental accommodation over privately owned housing in the area,
(b) any proposals for the relocation of persons occupying a residential building,
(c) the life expectancy of the building,
(d) projected major increases in maintenance costs due to the condition of the building, and
(e) any other matters that, in its opinion, are relevant.

Each stratification application is unique, and Council makes the final decision.

If you have any questions, please email: planning@fernie.ca