Parking Stall Ownership

In BC strata developments, a parking stall may be held in one of three ways under the Strata Property Act, SBC 1998, c. 43: as part of the registered strata lot itself, as Limited Common Property designated for the exclusive use of a specific strata lot, or as common property made available through a lease or licence arrangement at the strata corporation's discretion. Only the first two classifications transfer automatically with the strata lot on resale; a leased or licensed stall does not transfer automatically and reassignment is subject to strata corporation approval. The classification is recorded on the registered Strata Plan and disclosed in the Form B Information Certificate issued under the Strata Property Act. Buyers should review both documents carefully before completing a purchase. Verify current details regarding your specific strata's parking arrangements with a BC lawyer, notary, or licensed real estate professional.
Frequently Asked Questions
What is the difference between a parking stall being part of my strata lot versus Limited Common Property in BC?
Under the Strata Property Act, SBC 1998, c. 43, a parking stall registered as part of your strata lot means you hold legal title to it and it appears on the registered Strata Plan as part of your lot. Limited Common Property (LCP) means the strata corporation retains title but you have exclusive use rights assigned to your strata lot under the bylaws, documented on Form B (s. 73, Strata Property Act). Both transfer automatically with the unit on resale, but only strata-lot parking is titled to you. Verify the classification on your registered Strata Plan and Form B with a BC lawyer or notary before purchase or sale.
How do I find out if my parking stall is part of my strata lot, Limited Common Property, or just a lease?
Check the registered Strata Plan filed at the Land Title Office under the Land Title Act, RSBC 1996, c. 250, and review the strata corporation's Form B (Information Certificate) issued under s. 59 of the Strata Property Act. The Strata Plan will show whether the parking stall is part of your lot, and Form B will disclose if it is designated as Limited Common Property or subject to a lease or licence. If the parking is not part of your lot or LCP, it may be assigned by strata council resolution and does not automatically transfer on resale. Verify all documents with a BC lawyer or notary before relying on them.
Does a leased parking stall automatically transfer to the buyer when I sell my BC strata unit?
No. Under the Strata Property Act, only parking that is part of the strata lot or designated as Limited Common Property assigned to that lot transfers automatically on sale. If the parking is leased or licensed by the strata council under s. 76 of the Strata Property Act, it remains the strata corporation's to reassign at its discretion and does not automatically convey with the unit. The buyer must negotiate separately with the strata council or enter a new agreement. Verify the parking classification on Form B and the Strata Plan with a BC lawyer or notary before listing or offering.
Can a strata corporation change my parking stall from Limited Common Property to common property or reassign it in BC?
Generally, no—not without your consent and a formal amendment to the Strata Plan and bylaws. Under s. 73 and s. 74 of the Strata Property Act, changes to Limited Common Property designations or strata lot boundaries typically require a 3/4 vote of owners and, if the change affects your unit, your written consent. If the parking is held under a revocable licence or lease (not LCP), the strata council may have authority to reassign it under the bylaws or resolution. Verify your parking classification and the strata corporation's bylaws with a BC lawyer or notary before any proposed change.
Do I pay Property Transfer Tax on a parking stall when I buy a BC strata unit?
If the parking stall is part of the strata lot or designated Limited Common Property that transfers with the unit, it is included in the fair market value of the property for Property Transfer Tax purposes under the Property Transfer Tax Act, RSBC 1996, c. 378. The PTT rate is 1% on the first $200,000, 2% on the portion from $200,000 to $3,000,000, and 3% above $3,000,000 (as of 2026-07-27—verify current), plus any applicable Additional PTT or other exemptions. If the parking is leased separately and does not form part of the registered interest being transferred, it is not subject to PTT. Verify the transaction structure and fair market value with a BC lawyer, notary, or licensed tax professional before completing the purchase.
Can I sell my parking stall separately from my strata unit in BC?
Only if the parking stall is registered as a separate strata lot on the Strata Plan filed under the Land Title Act, RSBC 1996, c. 250. If the parking is part of your strata lot or designated as Limited Common Property assigned to your lot under the Strata Property Act, it cannot be sold separately without amending the Strata Plan, which requires a 3/4 vote and Land Title Office approval (s. 73–74, Strata Property Act). If the parking is leased, you have no ownership interest to sell. Verify the registered status and any required consents with a BC lawyer or notary before attempting a separate sale.
What is Form B and why does it matter for parking stall ownership in BC strata?
Form B (Information Certificate) is issued by a strata corporation under s. 59 of the Strata Property Act and discloses, among other things, whether parking is part of the strata lot, designated as Limited Common Property, or subject to a lease or licence. It also shows strata fees, bylaws, and any restrictions or charges affecting the unit. Buyers and lenders rely on Form B to understand what transfers with the unit and what obligations exist. Verify the current Form B and compare it to the registered Strata Plan with a BC lawyer or notary before purchase.
Does the strata corporation's insurance cover my parking stall in BC?
Under s. 149 of the Strata Property Act and the Strata Property Regulation, the strata corporation must insure common property and common assets, and must insure strata lots for building replacement value (excluding improvements by owners). If the parking stall is part of your strata lot or Limited Common Property, the structure is typically covered by the strata's policy; if it is leased common property, it remains common property and is covered. Contents, liability, and improvements require your own strata unit owner's insurance. Verify coverage details with your strata council, insurance broker, and a BC lawyer or notary.
Can the strata council charge me different fees for a parking stall in BC?
Under s. 99 of the Strata Property Act, strata fees are calculated by unit entitlement unless the bylaws provide a different method approved by a 3/4 vote. If the parking is part of your strata lot, its unit entitlement is included in your total. If the parking is Limited Common Property or leased, the strata corporation may levy a separate fee, rental charge, or user fee under the bylaws or by council resolution (s. 108, Strata Property Act). Review the bylaws, Strata Plan, and Form B, and verify the fee structure with a BC lawyer or notary before purchase.
What happens to my parking stall if the strata corporation is wound up or the building is demolished in BC?
Under s. 269–279 of the Strata Property Act, if a strata corporation is terminated by unanimous or 80% vote (depending on circumstances), the land and improvements are sold and proceeds are distributed to owners according to their unit entitlement. If your parking stall is part of your strata lot, its unit entitlement is included in your share; if it is Limited Common Property, it is part of the common property and also distributed by unit entitlement. If the parking is leased, you have no ownership interest and no distribution rights. Verify your entitlement and the termination process with a BC lawyer or notary if this situation arises.
Verify the specific statutory language, thresholds, deadlines and current guidance directly with the governing authority:
- BC Government — Strata Housing ↗BC Government — Strata Housing
- BC Gov — Strata Parking & Storage ↗BC Government — Strata Parking & Storage
- Strata Property Act (SBC 1998, c. 43) ↗Province of British Columbia — BC Laws
- Strata Property Regulation (BC Reg. 43/2000) ↗Province of British Columbia — BC Laws
- Condominium Home Owners Association of BC (CHOA) ↗Condominium Home Owners Association of BC
- Civil Resolution Tribunal (CRT) — Strata Disputes ↗Civil Resolution Tribunal