Covenant Modification Process
What are the steps required to apply for a covenant modification to exclude a basement floor area from a Gross Floor Area (GFA) calculation in single family and duplex dwellings?
- Download and complete the Covenant Modification Application.
- Submit the following with your application:
- $300 application fee
- Current title search (issued no later than 30 days prior to the date of application) or $20.00 Title Search Fee (per title)
- Copy of the existing registered covenant and any modifications from the Land Title Office
- Copies of any other relevant title restrictions (e.g. restrictive covenants, easements, rights-of-way)
- If applicable, written support from all strata property owners for any covenant modifications related to a strata common property
- If applicable, letter of confirmation from Strata Council, that the proposal complies with all other Strata regulations.
- Staff will review the application for the requested GFA exclusion to ensure that it is consistent with the Zoning Bylaw definition
- If the request is inconsistent, staff will advise the applicant and request that revised or additional information be submitted.
- If the request is consistent with the zoning bylaw definition, staff will arrange for the municipal solicitor to prepare the appropriate modification to the covenant:
- Staff will forward the modified covenant to the applicant for signing by all property owners on title.
- Applicant returns the signed modified covenant to staff for processing.
- Staff forwards memo for the GM of Resort Experience, review and signature with the signed modified covenant.
- Staff forwards the signed GM memo and signed modified covenant to the Mayor and Corporate Officer for authorization on behalf of the municipality.
- Staff forwards the executed modified covenant to the municipal solicitor for registration at Land Title Office.
- Staff sends the final bill to the applicant, and upon receipt of payment the file will be closed.
- Staff forwards a photocopy of the registered modified covenant to the applicant for their records.
4. Building Permit Application
- Based on the conditions of the signed modified covenant, the owner, may proceed with applying for a building permit which includes an excluded basement floor area.
For questions about the covenant modification process, contact:
RMOW Planning Department
Download a Covenant Modification Application Process PDF.
For questions about making a building permit application, contact:
RMOW Building Department
Download a Building Permit Application.