Property owners can apply to amend certain covenants registered on the titles of properties.
In cases where a covenant is between the Resort Municipality of Whistler (RMOW) and the property owner, the property owner can apply to the RMOW to amend the covenant.
Most covenant modifications require Council approval. The only exceptions are that the General Manager of Resort Experience may discharge or modify section 219 covenants regarding gross floor area or tree preservation areas under certain conditions. If you are seeking to modify or discharge a covenant respecting gross floor area or a tree preservation area, please contact the Planning Department. The information below is for covenants requiring Council approval.
You may download the Covenant Modification Application.
After the application form is completed, it can be submited to the Planning Department at Municipal Hall along with:
- Copies of the existing registered covenant and any modifications from the Land Title and Survey Authority of British Columbia (LTSA);
- Copies of any other title restrictions (e.g. restrictive covenants, easements, rights-of-way) from the LTSA;
- The property owner’s written letter outlining the rationale for the requested covenant modification;
- Strata approval (as may be required);
- A title search (issued not more than 30 days from the date the application is received) OR $21 for the Planning Department to conduct the title search (per PID); and
- Application fee of $300.
More detailed information may be requested during review of the application. Submission of an application does not guarantee approval.
To obtain documents from the LTSA, you may contact lawyers, notaries, land surveyors or independent registry agents. The LTSA provides links to contact information here.
The following are the key steps in the review process:
- The application is reviewed by the Planning Department and other affected RMOW departments;
- Staff make a recommendation in a report to Council about how to modify the covenant;
- Council, by resolution, either directs staff to modify the covenant or not modify the covenant;
- If directed to modify the covenant, staff work with the applicant and lawyers to finalize a covenant modification agreement;
- The covenant modification agreement is executed by the RMOW and the property owner; and
- The covenant modification agreement is registered on the title of the property by a lawyer.
Once a covenant modification agreement is registered on title, it is binding on existing and future owners of the property.
The Covenant Modification Application fee is $300.
In addition to the application fee, the rates below will be applied to all applications to cover the RMOW's direct costs of processing, reporting, analysis and inspection related to the application:
|Professional staff time||$60 per hour|
|Clerical staff time||$30 per hour|
|Hand-delivered notification||$40 per hour|
|Legal services, newspaper ads, third party consulting||At cost|
More information on covenants is available here.