Step 3:
COMPLETING THE FORMS
When the proper forms are completed and assembled, they form a packet, which may consist of several applications. When a packet is submitted to the Land Registry and successfully registered, titles are issued to the new units.
Here are some special instructions for completing these forms for use in Bare Land Condominiums:
A. Application for Transfer (Part I – Surrender)
Use this form to surrender title(s) to the source parcel(s).
Complete
'Section A' only – Insert the 9-digit transform number, which you can find on the Transform Approval Certificate (TAC).
B. Transform Authorization by Owner
The owner(s) of the source parcel(s) must both surrender the source titles and authorize the transform. Usually, the developer will own the source parcel. Complete the Transform/ Multiple Transfer Authorization as follows.
Name – As the name appears on the title being surrendered, or the name of corporate signing officer if the developer is a corporate entity.
Position – If signee is a corporate signing officer.
Corporation – If applicable, enter the name exactly as it appears on the title being surrendered.
Check Transform Number box – Insert the transform number, which is found on the TAC.
“to ______________” – Insert the name of the developer here, as all new units must initially be set up in the name of the developer. This is a legislative requirement under clause 5.1(2)(e) of
The Condominium Property Act, 1993.
Date, Signature – Have owner complete.
Witness Sections – Have the witness sign and print his or her name below the signature. If the witness is a Saskatchewan lawyer, check the applicable box. Otherwise, the witness will need to complete the section titled Affidavit of Execution.
If the owner is a corporate entity, the signature of the signing officer may be accompanied by a corporate seal. No witness is then required. If the officer executing the authorization does not seal the authorization with a corporate seal, he or she must complete the section titled Affidavit Verifying Corporate Signing Authority, and his or her signature must also be witnessed by a witness.
If the affidavit of execution is sworn or affirmed outside Saskatchewan, please see section 24 of
The Land Titles Regulations, 2001.
If the titles being surrendered involve more than one owner, each owner must complete a separate Transform/Multiple Transfer Authorization form.
Important note about corporate owners: If the owner of the source parcel is a corporate entity, it must be validly registered at the Corporate Registry (i.e. legally able to carry on business in Saskatchewan). The entity must have a COBRA-related client number as proof of capacity to surrender land. Check for this number if the owner of the source parcel is a corporate entity.
Check for this number if the owner of the source parcel is a corporate entity.
C. Consent of Mortgagee to Transform
If the source parcel(s) is subject to any mortgage(s), then the mortgagee must also consent to the transform.
The Consent of Mortgagee to Transform must be attached as part of the authorization for Application for Transfer (Part I – Surrender). If there is more than one mortgagee, each mortgagee must complete a consent form.
Name – Enter the name of mortgagee as it appears on the title being surrendered, or name of corporate signing officer for the mortgagee.
Position – If signee is a corporate signing officer.
Corporation – If applicable, enter the name exactly as it appears on the title being surrendered.
Transform Number – Add transform number.
Date, Signature – Have mortgagee complete.
Witness Sections – Have the witness sign and print his or her name below the signature. If the witness is a lawyer licensed to practice in Saskatchewan, check the applicable box. Otherwise, the witness should complete the section Affidavit of Execution.
If the mortgagee is a corporate entity, the signature of the signing officer may be accompanied by a corporate seal. No witness is then required. If the officer executing the authorization does not seal the authorization with a corporate seal, he or she must complete the section titled Affidavit Verifying Corporate Signing Authority, and his or her signature must also be witnessed by a witness.
If the affidavit of execution is sworn or affirmed outside Saskatchewan, please see section 24 of
The Land Titles Regulations, 2001.
D. Condominium Affidavit of Value
Complete a Condominium Affidavit of Value for the new units being created by the plan. Any person with knowledge of the fair market value of the units may complete an Affidavit.
The Affidavit forms part of the surrender application. Insert it behind the owner and mortgagee authorizations.
E. Application for Condominium Ownership Register Setup
This form sets up the ownership register for all the units in the condominium plan. No fees apply to this application.
Complete the following sections:
Initial Setup of Condominium/Phased Condominium Development – Check this box.
Transform Number - Insert the 9-digit transform number, which you can find on the TAC.
Parcel Number - Insert the 9-digit parcel number under the column “New Parcel(s)” on the TAC.
Unit Number – Insert the unit numbers for all the units to be created by this condominium plan.
Unit Factor – Insert the unit factor for each unit.
Unit Value – Enter the value of the unit.
If you need additional space to deal with all the units, complete the information for remaining units on the form Additional Condominium Ownership Register Set-up. Where residential units are concerned, Form F.1 will also need to be included as parking space allocations must be done at the time titles are issued.
F. Designation of Parking (where residential units created)
Form F.1 Designation of Parking This form allocates parking spaces or units to residential units in condominium developments.
Condominium Plan No. – Enter the nine-digit plan number located on the TAC.
Residential Unit Number – Insert the unit number for all the units to be designated a parking space or parking unit.
Type of Parking – Select the type of parking to be utilized in the development.
Parking Designation – Enter the unit or space number (eg. p1) for each residential unit.
Parking areas or garage – Use this section where each residential unit has a garage or parking area included.
G. Information to Obtain Condominium Corporation Number
This completed form will be forwarded to the Corporate Registry, which will use the information to set up information about the condominium corporation in its registry – for example, name, address for service, and entity number.
NOTE: This for is available from
The Queen's Printer.
H. Application for Transfer (Part II – Set Up)
Use this form to set up title to the new units. Remember that these titles must initially be set up in the name of the developer. This is a requirement under
The Condominium Property Act, 1993. This must be done even if some or all of the units have already been pre-sold to purchasers.
You will need at least one set up application for each unit. If there is more than one developer, and if these developers will own the unit as tenants in common, you must do a separate title set up for each developer.
Condo Unit Number – Enter the number of the unit you wish to set up on this application.
New Owners Box – Check the applicable box for form of ownership structure.
Fractional Title Share - Represents the title share in the parcel.
New Title Value – Fair market value of title share.
Section A – New Owner – Complete this section if the developer already has a client number in our system. The client number and client name (spelling) must be an exact match, or the application to set up this title will be rejected.
If the developer is a corporate entity, you must use a client number that is linked to its Corporate Registry (COBRA) entity number. A corporate entity must be registered to carry on business in Saskatchewan, and owning land is “carrying on business”. To obtain the COBRA-related client number, please call our Customer Support Team at (306) 787-2962.
Registration Conditions – As a general rule, any interests registered against the source title will automatically carry forward to the new title being created for a unit. Check “no conditions” if you will accept the new title subject to any interests registered against the existing title at the time that this application is being processed. Complete “conditional registration” if you will accept new title subject only to interests that existed on the old title as of the specified date and time. Or choose “free and clear” if you will accept a new title only if it will show no interests at all. Note that if these last two types of registration conditions cannot be met by the system, the application will be rejected.
I. Title Print Request (optional)
Use this form to order a copy of the title print. The submitting party can order a title print by completing the first section. Send title prints to other persons, by completing the other sections of the form. Include a separate Title Print Request form behind each set up application for which you would like a title print.
For each title print, there is a fee, plus a delivery fee. An “official” title print is printed on ISC security paper and is available only if the title print is ordered by mail.
Instead of ordering title prints, you can print these from the ISC website after the packet has registered. You will be charged a title print fee, but no delivery fee.
J. Application for Interest Registration
You have two options when you register an endorsed declaration.
- You can place your interest registration application prior to the Application for Transfer (Part I: Surrender). In that case, you register the interest against the source parcel, and pay the registration fee applicable. When the unit titles are created, the interest registration automatically carries forward to the new titles. This may result in reduced fees. Or
- You may insert the application after the title set-ups – this results in an interest registration fee being applied to each new title issued.
If you register your interest prior to the surrender application, you can use the instructions below, but:
- Change the Application Sequence Number as required; and
- Attach the interest to the source parcel number as found on the TAC, not the new parcel number.
Before you can obtain titles to initial units in a bare land condominium, you must register an interest based on the Endorsed Declaration. For information on Endorsed Declarations please consult the Office of the Public Registry Administration's
Posting and Release of Security – For Developers CONDOMINIUM FACT SHEET.
Here are some special instructions to help you complete this form for this type of condo transaction::
Interest Type – Enter the type: “ Condominium Property Act – Endorsed Declaration”.
Registration Conditions – Check “no conditions” if you will accept this registration subject to any interests registered against the source title at the time that this application is being processed. Complete “conditional registration” if you will accept this registration subject only to interests that existed on the source title as of the specified date and time. Or choose “free and clear” if you will accept this registration only if there are no other interests at all.
Note that if these last two types of conditions cannot, the application will be rejected. If the interest registration is last in the packet, you cannot put a conditional date and time, it will be rejected because the titles have changed.
Attach Interest to – Enter the new parcel number as found on the TAC; the interest will then carry forward to all the titles associated with the parcel.
Fractional Title Share – Enter 1/1 if there is only one holder (developer) for this interest.
Section A – Interest Holder – Insert the correct client number and name of the holder(s).
Begin Attachment Sheet – Attach a copy of the Endorsed Declaration (Form J).
K. Condominium Packet Cover Page
When you have completed all the necessary forms, and obtained all the required authorizations, complete the Condominium Packet Cover Page as follows:
Packet Sheet Count – Enter the total of all the pages in the packet, including the Cover Page.
Application Count – Enter the total number of applications submitted in the packet. An application is every sheet with a bar code. Do not include the Packet Cover Page.
Section A – If as the submitting party, you already have a client number, complete this section only. Insert your client number, your internal client reference number (optional), account number and account password. (If you do not have a client number, please complete Sections B and C.)
Keep track of the bar code number on the Condominium Packet Cover Page. You will use this number to track your packet or check on its status. As the bar code number is unique, you cannot re-use the Packet Cover Page.