
If you want to divide a property into smaller lots you need to apply for a subdivision.
In Whistler, the process of subdivision is regulated by provincial laws (like the Land Title Act and Strata Property Act) and local bylaws and policies set by the Resort Municipality of Whistler (RMOW).
The RMOW’s Subdivision Bylaw 265, 1981 explains the steps and rules for applying.
The provincial Land Title Act gives Whistler’s Council the power to appoint an Approving Officer who is responsible for approving certain types of subdivisions.
Types of subdivision
Here are four common types of subdivision in Whistler:
- Freehold
This type creates separate parcels of land. Each parcel includes ownership of both the land and any buildings on it.
- Bare land strata
This type creates individual lots before any buildings are constructed. Each lot is owned by an individual, but all owners share responsibility for common areas. These shared areas might include roads, utilities, landscaping, or recreation facilities. A strata corporation manages and maintains the common areas.
- Building strata
This type creates individually owned units inside a building or group of buildings. The land and shared space (like hallways, lobbies, elevators, stairways, and landscaping) are owned and maintained by all owners together as common property. Each owner is responsible for their own unit.
- Strata conversion
This type is like a building strata but applies to an existing building. It divides the building into individually owned units, with shared ownership of the land and common areas (like hallways, lobbies, elevators, stairways, and landscaping). Each owner looks after their unit and helps manage shared spaces.
The rules, approval process, and ownership structure are different for each type (see the comparison chart below)
Can I subdivide my property?
If you’re thinking of subdividing your property, first it needs to meet the requirements from the current zoning for your lot. The rules for each of the proposed lots would include items such as:
- The minimum lot size
- The minimum road frontage length
- Whether your lot qualifies for small-scale multi-use housing under Bill 44
In some cases, there may also be a legal restriction (called a covenant) on your property title that prevents subdivision.
The best way to find out what’s possible is to book a meeting with the municipal Approving Officer. They can walk you through your options and help you understand the process.
How to apply
Follow these steps to apply for any of the four types of subdivision:
- Schedule a pre-application meeting
Before you apply, you’ll need to meet with the Approving Officer to see if your subdivision is likely to be approved.
Call (604-935-8106) or email (jdunlop@whistler.ca) to book a meeting. During this meeting you’ll talk about the location of your property and the overall process.
- Submit your application
After the pre-application meeting, follow these steps:
- Fill out the appropriate Subdivision Application Form.
- Pay the subdivision application fee:
- $50 for the first parcel
- $20 for each additional parcel
- Include a current title search for the property.
- Provide copies of all restrictions listed on the property title.
- Provide a sketch plan of your proposed subdivision prepared by a BC Land Surveyor or professional engineer. The plan should show:
- All land to be subdivided
- Parcel dimensions
- Existing and proposed roads
- Existing easements and statutory rights of way
- Existing buildings and structures and how far they are from the property lines
- Watercourses and drainage areas
- Locations and sizes of off-street parking and loading areas
- Usable area of the site
- Locations of nearby utilities
How your application is reviewed
Initial review
- After you submit your application and all required documents, the Approving Officer will begin the initial review.
- We will share your application with other departments at the Resort Municipality of Whistler for feedback.
- The initial review helps identify any conditions that you’ll need to meet before your subdivision can move forward.
- This usually takes around two weeks.
Tentative Approval (TA) letter
- After the initial review, the Approving Officer will send you a Tentative Approval (TA) letter.
- The letter outlines all the conditions that you need to meet to move ahead with your subdivision.
- The Tentative Approval (TA) letter usually takes around four weeks, but this can take longer if your application is more complex.
- Once the TA letter is sent, you will have 120 days to meet the conditions listed in the letter.
Timing of subdivision applications
From start to finish, the full subdivision process can take anywhere from six months to a year or longer. The timing depends on how complicated your proposal is and how well prepared you are.
Simple subdivisions that create two lots generally take around six months. More complex subdivisions can take longer, potentially up to a year or more.
Subdivision fees
Besides the application fee, other fees may apply during the subdivision process. These can include:
- A construction inspection fee (based on a percentage of the estimated construction cost) to cover the cost of reviewing and inspecting any new public works or services
- A servicing security fee (based on an estimate from your project’s Engineer of Record) to cover the cost of services needed for the subdivision. This is based on an estimate provided by your project’s Engineer of Record.
- Professional engineering fees to prepare service plans and cost estimates paid out to a professional engineer
- BC Land Surveyor fees (paid to a BC Land Surveyor) for creating the official subdivision plan and helping guide the process
- Legal fees (paid to your lawyer) to create and register the documents related to the final subdivision approval
Contact
Jim Dunlop, Approving Officer
Manager, Engineering Services
604-935-8106
jdunlop@whistler.ca