Feed storage / hay storage

Yes. Under the Real Estate Services Act (RESA) and BCFSA licensee conduct requirements, a licensee must disclose all known material latent defects and material facts about a property, which can include the presence, condition, and permitted use of ancillary structures such as feed or hay storage buildings. Sellers are also generally expected to disclose known material facts about improvements on the property. Buyers should request documentation confirming any applicable building permits for such structures.

Feed and hay storage structures that are integral to a farm operation are generally considered a permitted farm use within the Agricultural Land Reserve under the Agricultural Land Commission Act (SBC 2002, c. 36), as they support the agricultural activity on the land. However, the specific parameters of what qualifies as a permitted farm use—including structure size, siting, and purpose—are administered by the Agricultural Land Commission (ALC), and landowners should consult the ALC directly for confirmation applicable to their parcel.

Whether a feed or hay storage building requires a building permit depends on the relevant local government's building bylaw, as municipalities and regional districts in BC administer building permits under authority delegated through provincial legislation including the Local Government Act. Many jurisdictions exempt smaller agricultural accessory structures from permit requirements, but the thresholds and conditions vary by jurisdiction. Buyers and sellers should verify permit status with the applicable local government building department.

A BCFSA-licensed real estate licensee must ensure that all listing descriptions, including descriptions of feed or hay storage areas, are accurate and not misleading, as required under the Real Estate Services Act (RESA) and the BCFSA Rules governing professional conduct. The licensee should accurately represent the size, condition, and permitted status of the storage structure and avoid overstating its utility or regulatory approval. Misrepresentation in a listing can expose the licensee to professional discipline by BCFSA.

Feed or hay storage within a strata development is subject to the strata corporation's bylaws and rules under the Strata Property Act (SBC 1998, c. 43), and many strata corporations restrict or prohibit the storage of agricultural materials such as hay or grain due to fire hazard, pest, or odour concerns. An owner wishing to use a limited common property or strata lot area for feed storage would need to confirm that such use is permitted under the strata corporation's registered bylaws. Prospective buyers of strata properties intending equestrian or agricultural use should review the Form B Information Certificate and the strata's bylaws carefully.

Property Transfer Tax in BC is calculated on the fair market value of the property being transferred, as established under the BC Property Transfer Tax Act, and all improvements on the land—including feed or hay storage buildings—are included in that fair market value assessment. Standard PTT rates apply at 1% on the first $200,000, 2% on the value between $200,000 and $2,000,000, 3% on the value between $2,000,000 and $3,000,000, and an additional 2% on residential property value over $3,000,000. Farm classification or ALR status does not automatically exempt a property from PTT, so buyers should consult the BC Ministry of Finance for guidance on any applicable exemptions.

When a farm property that includes feed or hay storage structures passes through an estate in BC, the distribution and transfer of that property are governed by the Wills, Estates and Succession Act (WESA), and the executor is responsible for managing and ultimately transferring the property in accordance with the will or intestacy rules. The property's fair market value, including all improvements such as hay storage buildings, will typically be assessed for estate purposes. Any resulting property transfer may also trigger Property Transfer Tax obligations unless a specific exemption under the Property Transfer Tax Act applies.

Hay and feed storage areas present elevated fire risk due to the flammable nature of stored materials, and local fire departments as well as the BC Fire Code (administered under the Fire Services Act) may impose requirements regarding separation distances, electrical standards, and suppression measures for such structures. Buyers should inquire whether the existing storage building complies with applicable fire safety requirements enforced by the local authority having jurisdiction. This is a material consideration that a BCFSA licensee should bring to a buyer client's attention as part of their due diligence.

Converting a feed or hay storage building to a non-agricultural use on land within the Agricultural Land Reserve would likely require approval from the Agricultural Land Commission under the Agricultural Land Commission Act (SBC 2002, c. 36), as non-farm uses on ALR land are generally restricted and require a formal non-farm use application. The ALC evaluates such applications based on whether the proposed use is consistent with protecting agricultural land and farm use. Landowners considering any change of use should apply directly to the ALC before proceeding.

Under the Real Estate Services Act (RESA) and BCFSA conduct standards, sellers and their licensees are required to disclose known material latent defects that would not be discoverable by a buyer through reasonable inspection, and structural issues or significant pest infestations in a hay storage building could qualify as material latent defects if they materially affect the property's value or safety. Hay and feed storage buildings are particularly susceptible to rodent and moisture issues, making disclosure of known problems especially important. Failure to disclose known material latent defects can expose a seller to legal liability.