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Air Space Parcels

Air Space Parcels

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Air Space Parcels

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  1. Air Space Parcels Presentation by: Brent Taylor Peter Tolensky

  2. 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 creation • Cannot subdivide further other than by strata • Cannot consolidate • Cannot revert to 2D title

  3. 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 buildings • Bridge over a river • Building encroachment over a road

  4. When to use Air Space • Current uses include: • Mixed use developments • Mixed ownership developments • Public ownership of amenities within a building • Affordable Housing • Daycare

  5. Who is involved? • Developer • BC land surveyor • Architect • Lawyer • Code consultant • Local government

  6. 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

  7. 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

  8. Roles - Architect • Designs the building • Works with other design professionals to isolate each air space parcel and relevant services where possible

  9. Roles - Lawyer • Designs the air space agreement • Ensures that all easements required for support, servicing and access are in place • Ensures that provisions are made for sharing common costs • Ensures that liabilities are properly allocated

  10. 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

  11. 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.

  12. Air Space Examples

  13. 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

  14. Agreement Terms • Terms of the agreement include: • reciprocal easements for shared elements • pedestrian access • vehicular access • service connections • fire safety and emergency systems • structural support • future construction

  15. More Agreement Terms • maintenance, repair and the use of other common building services, such as sewer, garbage, water and electrical services • insurance • damage and destruction • cost sharing

  16. 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

  17. Air Space Boundaries • Parcels are defined: • Horizontally by dimensions relative to the parent parcel • Straight lines • Circular curves • Vertically by elevations related to a local bench mark (geodetic elevations) • Level planes • Inclined planes

  18. 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

  19. Conclusions • Can add flexibility to developments • Does add complexity to both the development and future operations • Has many legislative limitations at this time • Must get the design and location of the parcels right the first time • Must create all parcels at once

  20. 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.

  21. 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

  22. Question? Brent Taylor Peter Tolensky