I commonly get calls from home buyers and Realtors on what the legal notation “This Title May be Affected by a Permit under Part 26 of the Local Government Act” (previously Part 29 of the Municipal Act) means.
Under s.927 of the Local Government Act, a local government (municipality or regional district) is required to file a Part 26 Notice on a Land Title where:
- a Development Permit has been issued
- a Temporary Use Permit has been issued
- a Development Variance Permit has been issued
This is simply notice that one of these permits has been issued by the governing municipality on the subject property. Where residential property is fully complete (and an occupancy certificate has been issued) and no renovations or change of use is contemplated, these notices will likely not materially effect a Buyer’s decision.
However, where real estate development or changes in use of a property are contemplated (ie; applying for redevelopment or increased density), these filings should be reviewed. However, the Land Title Office filing does not contain any further detail about the nature and terms of the permit. Therefore, if a developer needs to obtain this information they will need to inquire with the office of the local government (ie; City Hall).
Peter Borszcz is a Real Estate Lawyer and Business Lawyer practicing in Kelowna, BC in the law firm of Montgomery Miles & Stone Law Firm.