Bylaw Contravention Notice on Property Title

Section 57 of the Community Charter is a tool that has been provided to local governments to enforce the BC Building Code and the District of Coldstream Building and Plumbing Bylaw No. 1442. It involves the local government placing a notice on the title of a property at the Land Title Office.

A Notice on Title serves as a notice to anyone searching the title of a property that the property in question may be in breach of local government bylaws or regulations. The Notice on Title itself does not disclose the details of any breach of bylaw or regulations, but rather, specifies that further information may be obtained from the local government.

A Notice on Title may be filed by the Building Inspector where:

  • a building permit has expired, but work has not been completed and/or inspections are outstanding;
  • work proceeded with no permit; or
  • there is a dangerous condition; or
  • any such circumstances as the Building Inspector may deem necessary.

How can the notice be removed from the land title? Once a Notice on Title is filed, it may be cancelled from the title of a property as follows:

  1. By the local government, on receiving a report from the building inspector confirming that the condition which caused the notice to be filed has been rectified and the fee has been paid by the owner(s) in the amount described in the Building and Plumbing Bylaw No. 1442, 2004;
  2. By Council, on hearing from the registered owner(s) and passing a resolution to file a cancellation notice; or
  3. Upon the registered owner(s) obtaining an order from the British Columbia Supreme Court to cancel the Notice on Title (Provided that Council has not resolved to cancel the Notice on Title after being requested to do so by the registered owner(s).

Address

The District of Coldstream
9901 Kalamalka Road
Coldstream, BC V1B 1L6
Tel: (250) 545-5304
Fax: (250) 545-4733
Hours of Operation:
Monday to Friday
8:00 am - 4:30 pm
Closed on Statutory Holidays
 
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