Bare Land Strata

A bare land strata is a type of strata subdivision under the Strata Property Act (SBC 1998, c. 43) where the strata lots are defined by land boundaries rather than the interior airspace of a building, meaning the homes or structures built on each lot are typically not depicted on the strata plan. In a conventional (building) strata, the strata plan shows the unit boundaries within a building, whereas in a bare land strata each owner holds a lot of land and is generally responsible for constructing and maintaining the structure on it. Both forms are governed by the Strata Property Act, so bare land strata corporations still pass bylaws, collect strata fees, and manage common property.

Bare land strata corporations in British Columbia are governed by the Strata Property Act (SBC 1998, c. 43) and the Strata Property Regulation, the same legislation that governs all strata corporations in the province. The Act sets out the rules for strata council governance, bylaw enforcement, common property management, annual general meetings, depreciation reports, and the contingency reserve fund. The BC Financial Services Authority (BCFSA) oversees licensed real estate professionals who trade in strata properties under the Real Estate Services Act (RESA).

In a bare land strata, the structure built on each strata lot is generally the responsibility of the individual owner, because the building does not form part of the strata plan and is not common property. The strata corporation remains responsible for maintaining and repairing common property, such as roads, pathways, and utility infrastructure shown on the strata plan, in accordance with the Strata Property Act (SBC 1998, c. 43). Owners should review the strata corporation's bylaws carefully, as these can expand or modify the default maintenance obligations set out in the Act.

Yes. Under the Strata Property Act (SBC 1998, c. 43), a prospective purchaser or their agent is entitled to request a Form B Information Certificate from the strata corporation, which discloses information such as the strata fees, any money owing by the strata lot, the contingency reserve fund balance, outstanding special levies, and a copy of current bylaws. A bare land strata corporation is subject to the same Form B requirements as any other strata corporation under the Act. Buyers should review the Form B and any accompanying documents carefully before completing a purchase.

Yes, bare land strata lots can exist within the Agricultural Land Reserve, and in that case the Agricultural Land Commission Act (SBC 2002, c. 36) and ALR use regulations apply alongside the Strata Property Act. The Agricultural Land Commission (ALC) imposes restrictions on subdivision, non-farm use, and residential use within the ALR, and the number of residences permitted per parcel or strata lot may be limited. Buyers and sellers of bare land strata lots in the ALR should consult the ALC directly for current rules on permitted uses and subdivision requirements, as these rules have specific criteria that must be confirmed for each property.

Property Transfer Tax (PTT) applies to the fair market value of a bare land strata lot under the BC Property Transfer Tax Act, at the same tiered rates as other real property: 1% on the first $200,000, 2% on the portion from $200,000 to $2,000,000, 3% on the portion from $2,000,000 to $3,000,000, and an additional 2% on the residential portion exceeding $3,000,000. Exemptions such as the First-Time Home Buyers' Program (full exemption up to $835,000) and the Newly Built Home Exemption (up to $1,100,000) may apply to eligible purchases; buyers should confirm their eligibility with the BC Ministry of Finance, as conditions and thresholds are subject to legislative change.

Under the Strata Property Act (SBC 1998, c. 43) and the Strata Property Regulation, strata corporations — including bare land strata corporations — are generally required to obtain a depreciation report and maintain a contingency reserve fund, subject to applicable exemptions (such as those available to strata corporations with fewer than five strata lots or those that have passed a three-quarters vote to waive the depreciation report requirement). The depreciation report estimates the repair and replacement costs of common property and common assets over a 30-year horizon. Buyers should request and review the most recent depreciation report as part of their due diligence.

A licensed real estate professional in BC is governed by the Real Estate Services Act (RESA) and its Rules, administered by the BC Financial Services Authority (BCFSA), which require full disclosure of known material latent defects, conflicts of interest, and the nature of the agency relationship. In a bare land strata context, the licensee must also ensure the buyer receives relevant strata documents, including the Form B Information Certificate, current bylaws, strata meeting minutes, and any applicable Form F (Certificate of Payment) prior to or as part of the transaction. Failure to make required disclosures can constitute a breach of the RESA Rules and may be subject to BCFSA enforcement action.

A bare land strata corporation has the authority under the Strata Property Act (SBC 1998, c. 43) to pass, amend, or repeal bylaws by a three-quarters vote of eligible voters at a general meeting, and those bylaws can regulate the use and appearance of strata lots, including restrictions on the type, size, or design of structures built on each lot. Owners are bound by the strata corporation's bylaws, and the strata corporation can enforce them through fines or other remedies permitted by the Act. Prospective buyers should review the registered bylaws before purchasing to understand any building or use restrictions that may apply to their lot.

Yes, a bare land strata lot is real property and, upon an owner's death, it passes through their estate in accordance with the Wills, Estates and Succession Act (WESA, SBC 2009, c. 13), either according to the terms of a valid will or, in the absence of a will, under WESA's intestacy provisions. The strata corporation's bylaws and the obligations attached to the strata lot — including strata fees and any outstanding levies — continue to bind the estate and ultimately the new owner. The personal representative (executor or administrator) of the estate is responsible for managing and transferring the strata lot in compliance with both WESA and the Strata Property Act.