Types of Subdivision and Strata:

Subdivision or Lot Line Adjustment: (Fee Simple): A subdivision application is made when the applicant wants to create two or more properties from one or more existing parcels, adjust or re-align an existing property line, or consolidate two or more properties into one lot. 

Consolidation: Joining two or more parcels into a single parcel is sometimes established as a condition of development permit issuance or a rezoning application.  Consolidation plans can be prepared by a BC Land Surveyor and do not require approval from the Approving Officer, unless a road or lane dedication is also required.  Consolidation plans need to be registered at the Provincial Land Title Office to fulfill a development permit or rezoning condition.

Dedications for Road or Lane:  Dedication of land to achieve road or lane widening is sometimes established as a condition of development permit issuance or a rezoning application.  Subdivision plans for dedications must be registered at the Provincial Land Title Office.

Bare Land Strata: There will be a strata plan filed with the Land Title Office. The strata plan should be clearly labelled as a bare land. The bare land strata plan will not usually show the outlines of houses located on individually owned strata lots, although it will show the outlines of buildings that are common property such as a club house

Building Strata Subdivision: A strata development is a development where the building complex is divided into multiple units, with all unit owners having joint ownership of the comment elements and separate ownership of their individual units.

Phased Building Strata: This is an application for a strata complex that is built out over several phases.

Strata Title Conversion of Existing Dwellings: This is an application for conversion of a previously occupied building (e.g. apartment building) to strata titled ownership of individual units.

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Role and Authority of the Subdivision Approving Officer

In almost all cases, the Land Title Office will not register new parcels that are created through subdivision without the signature of a Subdivision Approving Officer on the plan of subdivision.  The Land Title Act requires that City Council appoint an Approving Officer as the statutory official responsible to ensure that subdivision applications comply with provincial statutes, regulations and local government bylaws regulating subdivision. Provincial statutes establish the Approving Officer role as a quasi-judicial position whose discretion is separate and independent from elected officials and municipal staff.  

In the case of a previously occupied building to be subdivided into strata lots, City Council is the “approving authority”.  Section 242 of the Strata Property Act provides the criteria that Council must take into consideration when assessing applications.   

The subdivision of land within the City of Port Alberni is regulated by Bylaw No. 4130 "A Bylaw to Regulate and Require the Provision of Works and Services in respect of the Subdivision and Development of Land" and cannot be approved if the resulting properties will not meet the requirements set out in the Zoning Bylaw.   Different zones (see the Zoning Bylaw)  have different subdivision requirements.  

Obtaining final Plan Approval

Before a subdivision plan can be signed by the Approving Officer, all conditions established in a Preliminary Layout Approval letter must be satisfied. All copies of the subdivision plan must be signed by all owners, mortgage lenders, and any other charge holders, prior to obtaining final approval from the Approving Officer.

Once those conditions have been met and the Approving Officer signs the subdivision plan, the applicant must deposit the plan for registration at the Land Title Office. 

Please see Street Naming for information on the naming of streets in a new subdivision and Street Addressing for information regarding the assignment of civic addresses in Port Alberni.

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Refusal of a Proposal

If your proposal is refused by the Approving Officer:

1. A letter outlining the reasons for the refusal is issued.
2. There is no appeal process for a preliminary proposal that is refused. A formal subdivision application must be filed, and refused in writing by the Approving Officer before an appeal can be made.
3. Subdivision appeal provisions are outlined in the Land Title Act (Division 4, Section 89).
4. Appeal of a subdivision refusal must be made to the Supreme Court of British Columbia. Neither City Council nor the Board of Variance has any jurisdiction in subdivision matters.

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