Subdivision

A subdivision is the legal process used to create new, titled parcels of land. In B.C., land ownership is recorded at the Land Title Office. 

In most cases, new lots cannot be officially created or registered unless the subdivision plan is approved and signed by the Saanich Approving Officer. If a proposed subdivision follows the zoning rules for the property, the application is submitted to the Saanich Approving Officer for review. 

Role and Authority of the Approving Officer

The Land Title Act requires that Municipal Council appoint an Approving Officer to review subvision applications.

The Approving Officer is responsible for ensuring applications adhere to all provincial laws, regulations, and local bylaws. Provincial statutes establish the Approving Officers role as a quasi-judicial position — this means their decisions are separate from Council and municipal staff.

Subdivision Approval Process

Before beginning your Subdivision Application, please review the Seven Steps to the Subdivision Process and the FAQ Answer Sheet which explain what to expect and answer common questions. Most subdivision applications are approved by the Approving Officer. Some applications may also need Council approval.

Approving Officer approvals are required for:

  • Change property lines between two or more parcels
  • Create new lots from one or more parcels
  • Create lots in a bare land strata development
  • Create a phased strata plan development
  • Subdivide land for a lease longer than 3 years
  • Create air space subdivisions

Municipal Council approvals are required for:

1. Rezoning & Variances

Zoning is a way of regulating how land can be used and how many buildings or lots may be allowed. Prior to approval, some subdivisions may require a rezoning to change the parcel's zone, or a variance to the existing zone requirements.

If a rezoning or variance is needed, you must apply for it at the same time as your subdivision application. Staff will review the applications together and prepare a report for Council to decide whether to approve the rezoning or variance. 

If Council approves the required changes, the subdivision application is then sent to the Approving Officer. The Approving Officer will decide whether to approve or refuse the subdivision.

2. Panhandle Lots      

   

A panhandle lot is a lot that reaches the road by a long, narrow strip of land for vehicle access. If your subdivision includes one or more panhandle lots, Council may need to review the application. Council will decide whether to waive, or set aside, the rule that requires a certain amount of road frontage.

Please review the Reduced Frontage Council Policy to learn what Council considers when making this decision.The authority to waive the 10% perimeter road frontage requirement for non-panhandle lots is delegated to the Approving Officer.

3. Strata Title Conversion of a Previously Occupied Building

If a previously occupied building is to be subdivided into strata lots, the Municipal Council is the “Approving Authority”. Section 242 of the Strata Property Act provides the criteria that Council must take into consideration when assessing applications. 

Refusal of Subdivision

The Approving Officer may refuse a subdivision plan if it does not meet the rules in Saanich bylaws, provincial laws, or regulations.

If a subdivision plan is refused, the decision cannot be appealed to Mayor and Council.

Only the applicant may appeal the Approving Officer’s decision to the B.C. Supreme Court under s. 89 of the Land Title Act. There is no appeal process listed in the Bare Land Strata Regulations.

Regulatory Framework

When assessing a subdivision application, a wide range of Provincial and Local Government legislation and regulations are taken into consideration, including, but not limited to:

Provincial Government

Local Government

Subdivision Fees and Other Costs

Subdivision fees are set by Council in the Land Use and Development Application Fee Bylaw. Please see the Fee Schedule for current fees. 

Depending on the size of the project and the features of the property, there may also be other costs to subdivision such as:

  • Costs to provide services, such as roads, water, sewer, and drainage
  • Legal and survey costs
  • Consultant costs, such as surveyors, engineers, arborists, or environmental professionals
  • Development Cost Charges
  • Development Permit application fees
  • Cash-in-lieu* of parkland dedication

    • Certain subdivisions creating three or more parcels may trigger the requirement to provide park dedication or cash-in-lieu pursuant to provincial regulations provided in Section 941 of the Local Government Act

Note: Several of the District’s planning and development application fees have been updated to reflect current processing costs and to support timely, high-quality service delivery. 

Application fees shall increase by 3% annually for five years, rounded down to the nearest $5.00, commencing on January 1, 2027, with the final increase occurring on January 1, 2031.