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. There are a few exceptions that are delegated to staff for approval whereby the General Manager of Climate Action, Planning and Development Services or the Director of Planning may discharge or modify a covenant. These include:

1. modification or discharge of a section 219 covenant restricting gross floor area, but only to the extent that the covenant being modified or discharged restricts the use of a crawlspace that did not constitute gross floor area at the time the covenant was granted;
2. modification or discharge of a section 219 covenant restricting gross floor area, but only to the extent that the covenant being modified or discharged is inconsistent with the Zoning Bylaw definition of gross floor area; and
3. modification of a section 219 covenant that establishes flood construction levels or flood setbacks, or both, if the covenant was registered after the enactment of the Flood Hazard Statutes Amendment Act, 2003.

All other Covenant Modifications/Discharge Applications require Council consideration.

Application Process

Download the Covenant Modification Application.

After the application form is completed, it can be submitted 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);
• Owner’s written letter outlining their rationale for covenant modification or discharge being requested;
• A title search (issued not more than 30 days from the date the application is received) OR $35 for the Planning Department to conduct the title search (per PID); and
• Application fee.

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. Visit the LTSA for contact information.

Review Process

The following are the key steps in the review process:

• The application is reviewed by the Planning Department and other affected RMOW departments;
• If the application is delegated to staff for approval, a decision will be made by the appropriate staff to modify or not modify the covenant;
• If the application requires Council consideration, staff will 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 it is decided that the covenant is to be modified or discharged, 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.

Fees

One of the following application fees will apply:

	Fees
Covenant Modification – delegated to staff for approval	$4,300
Covenant Modification – requiring Council Consideration	$5,500

Additional Resources

Find more information about covenants. 

Contact

Planning Department
604-935-8170
planning@whistler.ca