Statutory Building Schemes
What is a Statutory Building Scheme?
A Statutory Building Scheme ("SBS") is a type of restrictive covenant, or an agreement that is registered on title to properties within a subdivision imposing terms that limit what a homeowner can do with their property. SBS's can be very broad and include an array of restrictions. SBS's are common in master-planned communities and most developers register them against all properties within a subdivision with a view to control and maintain the character of a neighbourhood based on 'community interest' and to enhance the marketability of those properties.
A SBS will remain on the title to a property forever unless it is discharged by court order. This means the restrictions that are contained in it could apply for generations and possibly restrict what you do with your property for years to come.
What is the Benefit of having a SBS?
The primary benefit of SBS's is that they enhance property values by ensuring that a neighbourhood remains attractive, consistent and cohesive. While SBS's can impose restrictions and requirements on property owners, they are fundamental to maintaining the look and feel of a neighbourhood and can effectively prevent the development that would be out of place.
SBS's are not superseded by new Provincial legislation, and in fact, will be very effective in preventing high density development under both Bill 44 (up to 4-storey 6-plexes permitted) and Bill 47 (up to a minimum of 12 stories in some areas). The Provincial Government acknowledges this, and within the Provincial Policy Manual and Site Standards for Bill 44 (Policy Manual, SSMUH, pages 24-25), it explicitly states the following:
“Statutory building schemes are another form of restriction registered on a parcel’s title that could impact the potential to achieve the residential densities prescribed by the SSMUH legislation. Statutory building schemes are generally reciprocal, in that the restrictions on each lot are imposed for the benefit of the other lots in the development. Restrictions imposed by the building scheme run with the land and bind future owners/renters in the subdivision. Typical restrictions or requirements deal with building sizes, styles, finishes or colours, but can also restrict the use of buildings. Local governments are not generally party to, or responsible for the administration of the building scheme.
Provided the building scheme is valid, an existing statutory building scheme registered on title that limits the use of a property to one dwelling unit will take precedence over the unit densities prescribed through zoning updates made in accordance with the SSMUH legislation. This does not prevent a local government from zoning land subject to a statutory building scheme for a higher density, but the first responsibility of the owner(s) of that land is to uphold the terms of the building scheme.”
Recent News
A recent article was published (August 14, 2024) in the Vancouver Sun about Building Schemes containing a Restrictive Covenant where the Provincial Government acknowledges that new housing legislation does not override old land-title covenants that could restrict the construction of multi-unit buildings on a property.
Restrictive covenants not wiped out by new BC housing law, Province admits.
Brentwood Park Statutory Building Schemes
Most properties in Brentwood Park have SBS's registered on title. When homeowners bought their property in the neighbourhood, they should have been made aware of this restrictive covenant and that they would be bound to comply with the terms of the agreement Brentwood Park SBS's date back to the 1950s and generally restrict the use of a lot to "not more than one dwelling for one family or household...." Thanks to restrictive R-10 zoning, the character of our neighbourhood has been preserved, so even after over 70 years, the covenants set out in our SBS's have not been materially breached, which means that they are still valid and enforceable.
Enforcement of SBS's
SBS's are for the benefit of property owners and all residents within a community to preserve the character of a neighbourhood. As such, SBS's are enforceable from neighbour to neighbour. Local governments have no authority in the matter, and it is the responsibility of private owners to enforce SBS's.
If a property owner/developer is building more than a single-family home on a lot which directly contravenes our SBS's, we have the right to take legal action and seek resolution. As a community, we intend to exercise our rights to ensure that our SBS's are enforced. To be in a position to enforce SBS's, we are compiling a database of Statutory Building Scheme registration numbers and associated Restrictive Covenant registration numbers across the neighbourhood.
To have a complete picture of the SBS's protecting Brentwood Park, we need your help to gather this information.
Does My Property Have a SBS?
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Check your title report (if you don't have a copy, ask a realtor or lawyer to obtain a copy for you)
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Sign up for an account with the BC Land Title Office website:
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Contact us if you need assistance
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On your title report (see example below), a charge will show a "Restrictive Covenant" registration number and a reference to a "Building Scheme" number.
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Once you determine your Restrictive Covenant registration number and Building Scheme number, please email us this information along with your name and address
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While title information is considered public domain, any information you provide will be kept confidential and be used solely for the purpose of creating a map to get a clearer picture of how our neighbourhood is protected.
