February 25, 2009BCLS CPD Presentation
Air Space Parcels
Presentation by:Brent TaylorPeter Tolensky
February 25, 2009BCLS CPD Presentation
Air Space Parcels
Used when there is a desire to create an independent 3D parcel
Created under Part 9 of the Land Title Act
Limited options after initial creationCannot subdivide further other than by
strataCannot consolidateCannot revert to 2D title
February 25, 2009BCLS CPD Presentation
When to use Air Space
Original intent was for simple aerial parcels that could not otherwise be created
Typically tenure over Crown land, for example:Overhead walkway between buildingsBridge over a riverBuilding encroachment over a road
February 25, 2009BCLS CPD Presentation
When to use Air Space
Current uses include:Mixed use developmentsMixed ownership developmentsPublic ownership of amenities within a
buildingAffordable HousingDaycare
February 25, 2009BCLS CPD Presentation
Who is involved?
DeveloperBC land surveyorArchitectLawyerCode consultantLocal government
February 25, 2009BCLS CPD Presentation
Roles - Developer
Needs to understand and accept the additional costs, complexities and timing issues
Brings the parties together throughout the process to ensure a team approach
Makes sure the marketing component understands the way air space works
February 25, 2009BCLS CPD Presentation
Roles – BC Land Surveyor
Defines the 3D parcels including the datum for the 3rd dimension
Identifies building design aspects that could simplify air space subdivision
February 25, 2009BCLS CPD Presentation
Roles - Architect
Designs the buildingWorks with other design professionals to
isolate each air space parcel and relevant services where possible
February 25, 2009BCLS CPD Presentation
Roles - Lawyer
Designs the air space agreementEnsures that all easements required for
support, servicing and access are in placeEnsures that provisions are made for
sharing common costsEnsures that liabilities are properly allocated
February 25, 2009BCLS CPD Presentation
Roles – Code Consultant
The BC Building Code does not provide for air space parcels
A code consultant is required to work with the architect and the building inspector to define and defend the exceptions to the building code
February 25, 2009BCLS CPD Presentation
Roles – Local Government
The air space plan must be approved by the approving officer
The building inspector must allow the exceptions to the building code
The council must agree to be a party to the air space agreement.
February 25, 2009BCLS CPD Presentation
Air Space Examples
February 25, 2009BCLS CPD Presentation
Air Space Agreement
Typically in the form of a Section 219 Covenant registered on title
an acknowledgment from the owners that the building is treated as a single building for the purposes of the Code and the City Building Bylaw
future development control (i.e. no further subdivision, except by strata plan)
Local Government a party to the agreement a release and indemnity from the owners in favour of
the City in connection with the Airspace Agreement
February 25, 2009BCLS CPD Presentation
Agreement Terms
Terms of the agreement include: reciprocal easements for shared elementspedestrian accessvehicular accessservice connectionsfire safety and emergency systemsstructural supportfuture construction
February 25, 2009BCLS CPD Presentation
More Agreement Terms
maintenance, repair and the use of other common building services, such as sewer, garbage, water and electrical services
insurancedamage and destructioncost sharing
February 25, 2009BCLS CPD Presentation
Design Considerations
While Air Space Agreements provide many blanket aspects it is best to design the building(s) with the components as independent as possible. Independent access Independent services
February 25, 2009BCLS CPD Presentation
Air Space Boundaries
Parcels are defined: Horizontally by dimensions relative to the
parent parcelStraight linesCircular curves
Vertically by elevations related to a local bench mark (geodetic elevations)
Level planes Inclined planes
February 25, 2009BCLS CPD Presentation
Approvals
Requires the consent of the local Approving Officer in the same form as a 2D subdivision
Typically requires a Section 219 covenant that the local government is a party to
February 25, 2009BCLS CPD Presentation
Conclusions
Can add flexibility to developmentsDoes add complexity to both the
development and future operationsHas many legislative limitations at this
timeMust get the design and location of the
parcels right the first timeMust create all parcels at once
February 25, 2009BCLS CPD Presentation
Next steps
Association of BCLS is working with the Canadian Bar Association to craft a set of proposed legislative changes to create a more robust and flexible set of rules for Air Space Parcels
The support of the development community will be key to successfully changing the legislation.
February 25, 2009BCLS CPD Presentation
Air Space Task Force
Short Term – Subdivision of Remainder
Long term – Legislative Reform Fixing Plans Statutory and Municipal Consistency Phased ASP Subdivision Destruction issues Building Code Issues Positive Covenants
February 25, 2009BCLS CPD Presentation
Question?
Brent Taylor
Peter Tolensky