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.
Application Process
Please submit the following to the Planning Department at Municipal Hall:
- Completed Application form & Owner Authorization form
- Signed by all registered 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 documentation may be needed to support your application. Supporting documents may include Plans, Arborist Report, GeoTech Report, Engineering Report, and Qualified Environmental Professional 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:
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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.
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If the application is delegated to staff for approval, a decision will be made by the appropriate staff to modify/discharge or not modify/discharge the covenant.
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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.
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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).
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The covenant modification is registered on the Title of the property by a lawyer.