A condominium may be developed in phases. The developer builds and sells the first phase, and reserves the right (by registering an interest based on a developer’s reservation) to build further phases. The Condominium Property Act, 1993 (“the Act”) includes rules for the procedure and time limits that apply to the development of a phased condominium.

As the first step, a condominium plan showing the initial phase must be approved under The Land Surveys Act, 2000. When the plan is approved, a Transform Approval Certificate (TAC) is issued. The developer is then in a position to apply to Land Registry for titles to the units in phase one. The condominium corporation comes into existence on issuance of titles.

The application to Land Registry involves surrendering the title(s) to the source parcel(s) and setting up titles to the units in the plan. In this case, the developer must also reserve the right to construct additional units and additional common facilities on the parcel. For each phase, the developer must also obtain security – a bond or letter of credit - for the purpose of providing a remedy for the unit owners if the developer fails to complete the additional units or facilities as promised. To protect its right to build further phases and to show that it has posted sufficient security, the developer must register an interest based on a developer’s reservation. Security requirements are managed by the Office of Public Registry Administration who may be contacted here.

This guide will help you prepare a packet for titles pursuant to the first phase of a phased condominium. For information on how to apply for titles for subsequent phases, please see the Replacement Plans (Phased Developments) page.

Under section 11 of The Condominium Property Act, 1993, there are a few options available to condo owners and developers that apply to titled parking units and common property (known as "services units" once titled). Click here for more about these legislative provisions.

In most cases, preparing Land Registry packets for Phased Condominium Development can be submitted more quickly and efficiently though Online Submission (OLS). Check out the links below for more information on submitting your packet using OLS. If your packet contains more than 100 applications, please contact 1-866-275-4721 before using Online Submission.

• Phased Condominiums (OLS) - step-by-step instructions for submitting your packet quickly using OLS.
• Phased Condominiums (Forms) – if you are not ready to take advantage of the many benefits of OLS, check out step-by-step instructions for submitting using Forms.

DEVELOPER'S RESERVATION

RESERVING THE RIGHT TO FUTURE PHASES
As this kind of development will involve another phase or phases, you will need to include in your packet an application to register an interest based on a developer’s reservation. Doing so gives the developer the right to build additional phases as described in the Form J Declaration.

To obtain an endorsed declaration, the developer must complete a declaration in Form J – which describes the common property and additional units promised - and security. Upon the recommendation of the Registrar, the minister responsible for The Condominium Property Act, 1993 will endorse the Declaration in the space provided on the form.

The following documents, available in the regulations pursuant to the Act, must be provided to the Registrar:

• Form J – Declaration of Developer (Additional Units and Additional Common Facilities). Plus an attached sketch plan showing the additional units and common facilities and property promised in each additional phase of the development.
• Form K – Certificate of Cost. This describes the common facilities and additional units to be completed, as well as the cost for each item. Signed by engineer/architect/appraiser under seal.
• Bond (Form E) – Bond or Letter of Credit. The developer is required by the Act to provide security for the completion of the common facilities and additional units. The security must be in the amount specified in section 17 of the regulations.  For more information about letter of credit requirements, please contact our Customer Support Team.

Please send the above documents to:
The Registrar of Titles
Office of Public Registry Administration
920 - 1801 Hamilton Street
Regina, SK
S4P 4B4
Fax: 306-787-5830

The minister will endorse the Form J Declaration with a certificate of acceptance if the minister is satisfied that the developer has obtained sufficient security.

The endorsed Declaration will be the basis of the interest registration and must accompany the application for titles.