Covenant Modifications and Discharges

In the case where a covenant is between the District of Saanich and the property owner(s), the property owner can apply to the District of Saanich to modify or discharge the covenant.

Most covenant modifications require Council approval. There are a few exceptions that are delegated to staff for approval. 

There are four types of covenant requests received by staff for review and approval: Permissions, Variations, Modifications and Discharges.

1. Permission (no fee)

The covenant includes a term or condition that something cannot be done without the consent, permission or approval of the District. For example, a covenant includes a term that trees within a natural state covenant cannot be trimmed without approval from the District. In these circumstances, staff approval is required as per the terms of the covenant, but it is not an amendment to the covenant

Examples:

  • Written permission to prune tree in covenant area
  • Written permission to install a walkway or undertake work in a covenant area

 2. Variation (no fee, in some cases there may be legal fees)

The covenant includes a term that the Director of Planning may approve a minor change. The most common way these changes are dealt with is the owner requests a change, the proposed changes are determined to be minor by the Director of Planning and a letter providing consent to the change is sent to the owner.

Examples:

  • Permission to construct in covenant area where area remains protected and low-impact techniques are used
  • Changes to approved colours identified in Building Scheme
  • Changes to location of a door or window

 3. Modification ($1000 plus legal fees)

If the application is determined to require a more significant amendment and/or the covenant does not include the authority for the Director of Planning to make minor amendments, the amendment may need approval from Council. Amendments may not always require council approval. Covenants that were a condition of the approving officer/building inspector or other covenants that were entered into for any reason other than at the direction of council do not require council approval to be amended.

Examples:

  • Alternate solution being requested to existing covenant based on project requirements
  • Changes to secured Building Plans or Building Schemes
  • Changes to building materials (e.g. permeable driveway to concrete driveway)

 4. Discharge ($1000 plus legal fees)

Examples:

  • Item being protected is no longer present (e.g. tree has died or been removed)
  • Outdated covenant restrictions
  • Covenants for payments once payments received 

Application Process

Application Form

A complete application can be submitted to the Planning Department at Municipal Hall or to subdivision@saanich.ca

A complete application includes:

  • Completed Application Form
  • Owner Authorization Form
    • Signed by all property owners
  • Strata Approval (if applicable)
  • Title Search
    • Current within 30 days, including copies of any encumbrances registered on title, e.g. restrictive covenants, easements and rights-of-way. ltsa.ca
  • Covenant Document(s)
  • Letter of Rationale 
    • Provide a written rationale for the request
  • Supporting Documentation
    • Additional supporting documents may be needed to support your application. Supporting documents may include Plans, Arborist Report, GeoTech Report, Eng Report, and QEP Report.
  • Fees
    • Required once Covenant Type is identified

Fees

Permissions No fees
Variations No application Fees. Legal fees may apply.
Modification $1000 plus legal fees
Discharge $1000 plus legal fees

 

**Should the Modification or Discharge be approved additional legal fees will be required.

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 departments. In some cases it may be identified that additional information is required from the applicant.

  • If the application is a permission and/or variation, the request will be reviewed by the appropriate staff and then a decision made.

  • If the application is not a permission and/or variation, the applicant will be notified and the fees will be required. Additional information may also be required.

  • Once the fees are received along with any additional information staff will review the application and refer the information to other Saanich department for comment.

  • If the application requires Council consideration, staff will make a recommendation in a report to Council. Council will either direct staff to modify/discharge the covenant or not modify/discharge 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 (additional fees are required).

  • The covenant modification is registered on the title of the property by a lawyer.