Common Property vs Limited Common Property

Both common property and limited common property (LCP) are defined and governed by the Strata Property Act (SBC 1998, c. 43). Common property is land and buildings shown on the strata plan that are not part of a strata lot, while LCP is common property designated on the strata plan for the exclusive use of one or more strata lots. The strata plan filed with the Land Title Office is the authoritative document for identifying which areas fall into each category.

Under the Strata Property Act (SBC 1998, c. 43), limited common property is owned by the strata corporation, not by the individual strata lot owner who has exclusive use of it. Because LCP is not part of the strata lot, it cannot be severed or sold independently of the strata corporation's ownership. An owner's exclusive use right arises from the strata plan designation, not from a separate title.

The Strata Property Act (SBC 1998, c. 43) sets a default rule that the strata corporation is responsible for repairing and maintaining LCP, including its structure and envelope. However, a strata corporation's bylaws may assign responsibility for certain LCP maintenance tasks — such as keeping a balcony clean or replacing interior finishes — to the owner who has exclusive use of it. Buyers should review the strata's bylaws carefully to understand the exact split of responsibilities.

LCP is designated directly on the registered strata plan filed with the Land Title Office, and that designation is what gives an owner the exclusive use right under the Strata Property Act (SBC 1998, c. 43). Changing an LCP designation — for example, reassigning a parking stall from one strata lot to another — generally requires a unanimous or other specified resolution of the strata corporation along with amendments to the strata plan registered at the Land Title Office. The specific voting threshold depends on the nature of the change as set out in the Strata Property Act.

Yes. Under the Strata Property Act (SBC 1998, c. 43), an owner must obtain the strata corporation's written approval before making any alteration to LCP, because the strata corporation owns it. Strata bylaws typically specify the approval process and may require a resolution at a general meeting or strata council approval, depending on the scope of the alteration. Unauthorized alterations can result in the owner being required to restore the LCP to its original condition at their own expense.

A Form B Information Certificate, provided under the Strata Property Act (SBC 1998, c. 43) and its Regulation, discloses key financial and administrative information about the strata corporation but does not itself reproduce the strata plan. To identify common property and LCP boundaries, a buyer or licensee should review the registered strata plan, the strata's bylaws, and any registered strata plan amendments at the Land Title Office. A real estate licensee operating under the Real Estate Services Act and BCFSA guidelines has an obligation to assist clients in obtaining and understanding these documents.

Under the BC Property Transfer Tax Act, PTT is calculated on the fair market value of the interest being transferred, which is the strata lot itself as identified by its strata lot number on title. Because LCP is owned by the strata corporation and does not form part of the strata lot's title, it is not separately subject to PTT on a resale; its value is generally reflected within the overall strata lot purchase price. Buyers should consult current BC Ministry of Finance guidance for the applicable PTT rates and exemption thresholds.

Yes. Under the Strata Property Act (SBC 1998, c. 43), a strata corporation may grant a licence or exclusive use agreement allowing an owner to use a portion of common property that is not formally designated as LCP on the strata plan. Such arrangements are typically governed by a bylaw or a written agreement approved by the strata corporation, and do not change the underlying ownership or the strata plan itself. This is a different legal mechanism from a formal LCP designation and provides a more limited, potentially revocable right.

Under the Strata Property Act (SBC 1998, c. 43), the strata corporation is required to obtain and maintain property insurance on common property and LCP, covering the structure. If the parking stall structure or its common components are damaged, the strata corporation would typically be the party to claim under its insurance policy. Damage to an owner's personal vehicle or personal belongings within the stall would fall under the owner's own personal insurance, not the strata's policy.

Understanding whether amenities such as a parking stall, storage locker, or balcony are LCP or part of the strata lot itself is critical, because it determines ownership, maintenance responsibility, and modification rights under the Strata Property Act (SBC 1998, c. 43). A buyer should review the registered strata plan, Form B Information Certificate, strata bylaws, and any LCP use agreements before completing a purchase. A real estate licensee regulated by the BCFSA under the Real Estate Services Act is expected to assist buyers in identifying and reviewing these strata documents as part of their professional obligations.