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Chapter D4 ver. 1

Condominium Surveys

Table of Contents

Effective Date

This Chapter is effective January 1, 1997. It was originally published as Chapter D4 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands.

Chapter Sections

General

  1. Condominium surveys are carried out under specific condominium legislation. The Condominium Act of the Northwest Territories, the Condominium Act of the Yukon Territory and the Condominium Property Act of Alberta (used for surveys in National Parks in Alberta for administrative convenience) are currently the only condominium legislation applying to Canada Lands.
  2. A condominium plan may be in the form of:
    1. a strata plan, used to describe volumes of space, usually defined by reference to floors, walls and ceilings; or
    2. a bare land subdivision, used to describe horizontal parcels of land by reference to surveyed boundaries.
  3. Bare land condominiums shall be surveyed as official surveys in accordance with Chapter D1.
  4. Specific survey instructions are required for condominium surveys in National Parks in Alberta. They are not required for condominium surveys in the Yukon and Northwest Territories.
  5. Normally, condominium plans are registered in the Land Titles Office and a copy is recorded in the Canada Lands Surveys Records. For bare land condominium plans in Alberta, the original is recorded in the Canada Lands Surveys Records and copy is registered in the Land Titles Office.

Boundary Definition

  1. The objective of a condominium plan is to divide property into parts to be owned individually, called units, and parts to be owned in common.
  2. A condominium plan shall delineate the perimeter of the horizontal surface of the land and the perimeter of the buildings in relation thereto. This survey shall include the location in the field of all monuments and verification of all bearings and distances around the perimeter.
  3. An official plan under section 29 of the Canada Lands Surveys Act or, if private lands in the territories, a plan prepared under land titles legislation is required in addition to the Condominium Plan if:
    1. the parent property is not defined by a Certificate of Title;
    2. any of the monuments defining the perimeter of the parent property require restoration or re-establishment; or
    3. the survey falls within a Coordinated Survey Area and the monuments along the perimeter have not been previously coordinated.
  4. An official plan is required to create a title for the area to be dealt with. This plan shall be filed in the Land Titles Office and title created prior to registration of the condominium plan.
  5. Unless specifically required in any act or regulation, the boundaries of units should follow physical features such as the inner surface or the median planes of walls, floors and ceilings. To describe exclusive use portions of the common land a reference to the structure may be used (for example a line offset so as to include a patio).

Plan Preparation

  1. Condominium plans shall be prepared in accordance with the guidelines in Appendix E3.
  2. The condominium plan should be similar in form to specimen plans SP4-1 to SP4- 3.
  3. A condominium plan shall:
    1. in the title:
      1. identify the plan as a plan of survey of condominium; and
      2. include a description of the land which is the same as the description in the certificate of title for the parent parcel;
    2. in the legend include a description of the boundaries of:
      1. the units;
      2. the common land; and
      3. the exclusive use portions of the common land appurtenant to the respective units; and
    3. in the diagram show:
      1. the location and type of monuments defining the parent property;
      2. the boundaries, including bearings and
        distances, of the parent property;
      3. the exterior perimeter of the buildings at
        ground floor level, tied by survey to the
        boundaries of the parent property;
      4. where vertical separation of units is involved, the elevation of the ground floor of each building to the nearest 0.1 m, referred to mean sea level as established from a minimum of two bench marks; and
      5. diagrams showing the units, the common land and exclusive use portions of the common land including, as necessary:
        - plan views to scale showing the boundaries of each unit, the common land and any exclusive use portions of the common land (e. g. parking spaces, locker spaces) with their relationship to the exterior perimeter of the building;
        - dimensions of each unit, the common land and exclusive use portions of the common land;
        - a side view portraying the vertical relationship of all floor levels identified in the unit diagrams and showing finished grade around the building; and
        - perspective drawings if necessary for clarity.
  4. Units, the common land, and, if applicable, exclusive use portions of the common land shall be designated in a manner that clearly distinguishes them from each other.
  5. Units shall be numbered consecutively commencing with 1.
  6. For a strata condominium show the floor area of each unit. For a bare land condominium show the horizontal ground area of each unit.
  7. Notwithstanding Schedule E3-1, areas may be expressed to a precision of 0.01 m2 for areas of parcels up to 10 m2, and 1 m2 for areas of parcels between 10 m2 and 100 m2.
  8. Each unit shall be assigned a unit factor corresponding to the percentage the unit area occupies with respect to the total area of all units in the condominium. In National Parks in Alberta, the unit factor shall be a whole number.
  9. The plan shall have on it a schedule specifying the unit number, unit factor and the approximate area for each unit. The schedule should be similar in form to Schedule D4-1.
  10. If all the information cannot be shown clearly on one sheet, include additional sheets. Each additional sheet shall have a title on it.
  11. In the upper right hand corner of each sheet of a condominium plan, show the sheet number and the total number of sheets in the plan as follows:

    "sheet...... of...... sheets".

  12. If multiple sheets are required the first sheet shall provide space for all certifications and approvals required.

Approvals and Certifications

  1. The owner of the property (the persons who are registered as the owners of the fee simple estate or leasehold estate in the case of a leasehold condominium) shall sign the plan.
  2. The surveyor shall certify the plan correct in accordance with the applicable legislation.
  3. In the Northwest Territories, condominium plans are approved by the Minister responsible for the Planning Act (NWT) or a person designated by the Minister to approve such plans.
  4. In the Yukon Territory, condominium plans are approved under subsection 6 ( 2) of the Condominium Act (Yukon) by the Surveyor General or a person designated by the Surveyor General to approve such plans.
  5. In Alberta, the local authority, as defined in the Condominium Property Act, approves the condominium plan. The plan is also approved or confirmed, under the authority of the Canada Lands Surveys Act, by the Surveyor General or a person designated by the Surveyor General to approve or confirm such plans.

Returns

  1. The returns shall consist of;
    1. the condominium plan (under the Condominium Act of the Northwest Territories and the Condominium Act of the Yukon Territory structural plans are considered part of the condominium plan);
    2. official plan and field notes if boundaries have been surveyed or monuments have been placed, re-established or restored;
    3. a survey report as prescribed in Chapter D15;
    4. copies of control survey marker description sheets of existing markers used in the survey;
    5. reproducible copies of plans registered or filed in a provincial land titles or land registry office used to prepare the plan; and
    6. any other information required by the specific survey instructions.

SCHEDULE D4-1 (paragraph 19)

Schedule of Unit Factors and Areas

Schedule of Unit Factors and Areas
Unit Number Area (m2) Unit Factor remarks
1      
Total   100  

Specimen Plans

Note

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