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Tag: Easements and Rights of Way

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Surveying for BC’s New Small-Scale Multi-Unit Housing (SSMU) Legislation: Navigating the Challenges of Bill 44

Written by WMWL Support on . Posted in News.

British Columbia is currently undergoing a massive transformation in land use with the introduction of Bill 44. This legislation, focused on small-scale multi-unit housing, aims to address the housing crisis by allowing more density on lots traditionally reserved for single-family homes. It sounds like a good idea, right?

However, as the public debates suggest, this shift has created significant friction ranging from concerns about neighbourhood “monstrosities” to confusion over restrictive local bylaws.
At Polaris Land Surveying, we aren’t just boundary experts; we are problem solvers. We understand these pain points and provide the high-quality land surveying expertise necessary to turn legislative complexity into a successful development project.

Here is how a professional survey addresses the biggest concerns surrounding Bill 44.

1. Addressing Neighbourhood Character and “Monstrosities”

One of the loudest complaints regarding the new housing rules is the fear that multi-unit builds will become neighbourhood “monstrosities” that ignore the local aesthetic. Residents are afraid that the neighbourhoods they grew up in and know like the back of their hand will turn into something unrecognizable. Polaris helps bridge this gap through our experience working with local government.

By conducting a detailed site survey, we identify the exact buildable area of your property, including height restrictions and zoning setbacks. The site survey is the foundation for your design and the permitting process. Identifying the buildable area and physical constraints of a site ensures that your project is not only legal but respects the physical characteristics of the neighbourhood. This helps new builds feel like an “evolution of housing” rather than an eyesore because they fit exactly where they belong.

2. Breaking Through the “Permit Wall” of Local Bylaws

Even with provincial mandates, many BC communities still have restrictive local bylaws that can stall a project. Homeowners often hit a “permit wall” when they realize their plans don’t align with specific municipal requirements in areas like Sidney or Oak Bay. Over in Coquitlam, a homeowner experienced several struggles with various bylaw requirements, causing much frustration and confusion.

Our team specializes in navigating these local hurdles so you don’t have to. If you are considering a small-scale multi-unit housing development or just adding a suite, we provide the technical data and guidance required to move your application through city hall without costly delays. This is part of what we do every day.

3. Clarifying Strata Confusion and Rental Restrictions

There is significant confusion regarding whether existing stratas can maintain single-family restrictions or how Bill 44 overrides older bylaws. Additionally, the removal of rental restriction bylaws has caused friction for some owners.

Polaris addresses this through intensive research at the Land Title and Survey Authority of BC (LTSA). We provide clarity on registered easements, rights-of-way, and legal boundaries, ensuring you have a clear picture of your property rights before you invest.

4. Ensuring Your Investment is Effective

Many skeptics wonder if these changes will truly “fix the housing crisis“. From a homeowner’s perspective, the best way to ensure effectiveness is to start with the right data. Garden suite survey requirements in BC (PDF download) are strict; assumptions or errors in property line location can lead to a total project shutdown.

By hiring a BCLS (British Columbia Land Surveyor) early, you ensure that every square foot of your property is utilized efficiently and legally, protecting your financial investment. All BC land surveyors from Polaris Land Surveying are registered with the Association of BC Land Surveyors.

Why a Survey is Your First Step Under Bill 44

If you are considering a multi-unit project on Vancouver Island or the Gulf Islands, ensure you have addressed these essentials:

  • Determine Buildable Area: Use a professional survey to see exactly how many units your lot can legally support.
  • Verify Local Setbacks: Don’t get stuck at city hall; ensure your plans meet specific Saanich or Oak Bay building requirements.
  • Identify Encroachments: Confirm that your new small-scale multi-unit housing won’t cross over onto a neighbour’s land, preventing future boundary disputes.
  • LTSA Research: Map out all registered easements or utility rights-of-way that could restrict construction.
  • Professional BCLS Seal: Ensure all documents are certified by a licensed BC Land Surveyor to meet lender and municipal standards.
  • Check out the BC Government’s FAQ on Bill 44 (PDF link)

Navigating the new housing rules doesn’t have to be a headache. Whether you are in Victoria, the Cowichan Valley, or Powell River, our team is ready to help. Contact Polaris Land Surveying today to get your project started on the right side of the property line.

A residential area with townhouses

5 Things to Look for in a Surveyor’s Certificate When Buying a Home on Vancouver Island

Written by WMWL Support on . Posted in News.

Buying a home in Victoria, the Cowichan Valley, or anywhere on Vancouver Island is a major commitment that requires thorough due diligence to protect your investment. A BC Land Surveyor’s Building Location Certificate, also known as a BLC or Location Certificate, is a critical document used by homebuyers and real estate agents to understand the physical and legal realities of a property. At Polaris Land Surveying, we act as your local “spatial problem solvers,” helping you navigate everything from building permit requirements to boundary disputes in BC.

While some buyers assume title insurance is sufficient, understanding the difference between a survey certificate and title insurance in BC is vital. While insurance may cover financial loss, only a certified survey provides the physical certainty of where your boundaries lie.

Here are five essential elements to look for in your surveyor’s certificate.

1. Encroachments and Property Structures

A primary purpose of a residential survey is to identify if any structures, such as fences, sheds, or retaining walls, cross the legal property line. Identifying these early can prevent emotional boundary disputes in BC with neighbours. A location certificate will provide certainty that the structures and improvements are actually contained within the limits of the property being purchased.

2. Local Zoning Setbacks

Each municipality across Vancouver Island has specific bylaws regarding how close a structure can be to the property line. Your certificate will show if the home complies with these, such as Oak Bay renovation setbacks or Saanich building permit survey requirements. This is particularly important for those finding a surveyor for a home addition or a home renovation, as non-compliance can lead to a “permit wall” at city hall.

3. Registered Easements and Rights-of-Way

Properties often have registered easements or rights of way that allow utility companies or neighbors to access portions of the land. A BLC highlights these areas, which we verify through extensive research at the Land Title and Survey Authority of BC (LTSA). Understanding these registered charges is crucial, as they can limit where you are allowed to build or landscape.

4. Natural Boundaries and Terrain

Vancouver Island’s geography, featuring rugged coastlines and creeks, means many properties have “natural boundaries”. These boundaries can shift over time, and an accurate survey is needed to define exactly where your private land ends. Additionally, property survey costs in BC can be affected by this terrain; for example, a one-acre property with a forest and a creek may have different land surveyor fees on Vancouver Island than a flat city lot.

5. Professional BCLS Certification and Date

To be accepted by a municipality or lender, the certificate must be signed and sealed by a qualified BCLS (British Columbia Land Surveyor). It is also important to check the date; with BC’s new Small-Scale Multi-Unit Housing (SSMU) legislation (Bill 44), older surveys may not reflect the potential for new density, such as a garden suite or multiplex. You can verify a surveyor’s credentials through the Association of BC Land Surveyors.

All of the land surveyors at Polaris Land Surveying Inc. are certified BCLS, and we provide the appropriate documentation for each requested service.

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Vancouver Island Homebuyer’s Checklist

When reviewing a location certificate for a property anywhere on Vancouver Island, ensure it covers these critical points:

  • Encroachments: Are all structures (fences, decks, sheds) confirmed to be within the property lines?
  • Municipal Compliance: Does the property meet specific local setbacks for areas like Saanich, Oak Bay, or Duncan?
  • Development Potential (Bill 44): Does the survey provide the necessary data to explore Small-Scale Multi-Unit Housing or subdividing?
  • Verified Easements: Are all rights-of-way clearly mapped according to current LTSA records?
  • Recent BCLS Certification: Is the document current and signed by a licensed BC land surveyor?

All of the building location certificates provided by Polaris Land Surveying Inc. cover these criteria, and more, given the parameters of the requested service.

Whether you are purchasing a home in the Alberni Valley or a rural lot in the Gulf Islands, our team is ready to provide the high-quality land surveying services you need. Contact Polaris Land Surveying today to ensure your property boundaries are secure.