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What is Subdivision?
Subdivision is the legal process used to approach how land is divided. This may include creating two or more new lots from one larger property, a boundary adjustment of property lines between existing lots, or creating new strata lots.
In British Columbia, land ownership is registered with the Land Title and Survey Authority (LTSA). Before a new lot or strata lot can be registered, the proposed subdivision must meet applicable municipal and provincial regulations. It must then be approved and signed by Saanich’s Approving Officer.
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The Subdivision Process
In Saanich, there are Seven Steps to the Subdivision Process.
Before applying, you can reach out to the Planning Department to discuss possible infrastructure and servicing requirements, related application fees, and to learn about the regulatory framework that staff use to review subdivision applications. For certain parcels of land, there may be additional constraints to consider such as Park land dedication, access to water, and existing encumbrances registered on title (covenants, rights-of-way, easements etc.)
Role & Authority of the Approving Officer
The Land Title Act requires municipal councils to appoint an Approving Officer to independently administer the approval or rejection of subdivision. This role is established under provincial legislation to operate independently of elected officials.
When reviewing a subdivision application, the Approving Officer must consider a range of provincial and federal legislation, municipal bylaws and regulations, and the public interest. Council’s role is to consider the municipal approvals that may be needed before a subdivision can proceed, such as a Rezoning, a Development Permit or Development Variance Permit.
Applications to address site specific conditions/zoning requiring Council approval:
- Rezoning, Development Permit, Development Variance Permits
- Properties in the Agricultural Land Reserve or with Heritage considerations
Applications Delegated to the Approving Officer
- Creating new lots from one or more parcels in the form of fee simple properties or a bare land strata plan
- Changing property lines between two or more parcels (boundary adjustments)
- Creating a phased strata plan development
- Waiving the 10% perimeter road frontage requirement
- Subdividing land for a lease longer than 3 years
- Creating air space subdivisions
- Requiring Park land dedication (up to 5% of the property or 5% Cash in lieu)
- Requiring access to water (shorelines)
Strata Title Conversion of Previously Occupied Buildings