February 25, 2009 BCLS CPD Presentation Air Space Parcels Presentation by: Brent Taylor Peter Tolensky

February 25, 2009 BCLS CPD Presentation Air Space Parcels Used when there is a desire to create an independent 3D parcel Created under Part 9 of the Land Title Act Limited options after initial creation Cannot subdivide further other than by strata Cannot consolidate Cannot revert to 2D title

February 25, 2009 BCLS CPD Presentation When to use Air Space Original intent was for simple aerial parcels that could not otherwise be created Typically tenure over Crown land, for example: Overhead walkway between buildings Bridge over a river Building encroachment over a road

February 25, 2009 BCLS CPD Presentation When to use Air Space Current uses include: Mixed use developments Mixed ownership developments Public ownership of amenities within a building Affordable Housing Daycare

February 25, 2009 BCLS CPD Presentation Who is involved? Developer BC land surveyor Architect Lawyer Code consultant Local government

February 25, 2009 BCLS CPD Presentation Roles - Developer Needs to understand and accept the additional costs, complexities and timing issues Brings the parties together throughout the process to ensure a team approach Makes sure the marketing component understands the way air space works

February 25, 2009 BCLS CPD Presentation Roles – BC Land Surveyor Defines the 3D parcels including the datum for the 3 rd dimension Identifies building design aspects that could simplify air space subdivision

February 25, 2009 BCLS CPD Presentation Roles - Architect Designs the building Works with other design professionals to isolate each air space parcel and relevant services where possible

February 25, 2009 BCLS CPD Presentation Roles - Lawyer Designs the air space agreement Ensures that all easements required for support, servicing and access are in place Ensures that provisions are made for sharing common costs Ensures that liabilities are properly allocated

February 25, 2009 BCLS CPD Presentation Roles – Code Consultant The BC Building Code does not provide for air space parcels A code consultant is required to work with the architect and the building inspector to define and defend the exceptions to the building code

February 25, 2009 BCLS CPD Presentation Roles – Local Government The air space plan must be approved by the approving officer The building inspector must allow the exceptions to the building code The council must agree to be a party to the air space agreement.

February 25, 2009 BCLS CPD Presentation Air Space Examples

February 25, 2009 BCLS CPD Presentation Air Space Agreement Typically in the form of a Section 219 Covenant registered on title an acknowledgment from the owners that the building is treated as a single building for the purposes of the Code and the City Building Bylaw future development control (i.e. no further subdivision, except by strata plan) Local Government a party to the agreement a release and indemnity from the owners in favour of the City in connection with the Airspace Agreement

February 25, 2009 BCLS CPD Presentation Agreement Terms Terms of the agreement include: reciprocal easements for shared elements pedestrian access vehicular access service connections fire safety and emergency systems structural support future construction

February 25, 2009 BCLS CPD Presentation More Agreement Terms maintenance, repair and the use of other common building services, such as sewer, garbage, water and electrical services insurance damage and destruction cost sharing

February 25, 2009 BCLS CPD Presentation Design Considerations While Air Space Agreements provide many blanket aspects it is best to design the building(s) with the components as independent as possible. Independent access Independent services

February 25, 2009 BCLS CPD Presentation Air Space Boundaries Parcels are defined: Horizontally by dimensions relative to the parent parcel Straight lines Circular curves Vertically by elevations related to a local bench mark (geodetic elevations) Level planes Inclined planes

February 25, 2009 BCLS CPD Presentation Approvals Requires the consent of the local Approving Officer in the same form as a 2D subdivision Typically requires a Section 219 covenant that the local government is a party to

February 25, 2009 BCLS CPD Presentation Conclusions Can add flexibility to developments Does add complexity to both the development and future operations Has many legislative limitations at this time Must get the design and location of the parcels right the first time Must create all parcels at once

February 25, 2009 BCLS CPD Presentation Next steps Association of BCLS is working with the Canadian Bar Association to craft a set of proposed legislative changes to create a more robust and flexible set of rules for Air Space Parcels The support of the development community will be key to successfully changing the legislation.

February 25, 2009 BCLS CPD Presentation Air Space Task Force Short Term – Subdivision of Remainder Long term – Legislative Reform Fixing Plans Statutory and Municipal Consistency Phased ASP Subdivision Destruction issues Building Code Issues Positive Covenants

February 25, 2009 BCLS CPD Presentation Question? Brent Taylor Peter Tolensky