Parking is a key issue for condominiums. As a general rule, each new condominium plan must indicate that the developer has designated an appropriate area for at least one parking space for each residential unit. This requirement is waived in certain situations, such as where units are not intended for residential purposes, or where zoning bylaws do not require one parking space per unit.
Under section 11 of The Condominium Property Act, 1993, parking allocations to residential units can be done by “parking spaces,” which are recorded by interest registration (or on the condominium plan if approved between 1995 and June 16, 2014), or as “parking units,” which are recorded by the linking of a separate title to the residential unit. Note the transfer of a parking unit is not done through interest amendment. Parking units are transferred through title transfer. The following information concerns the transfer of parking spaces.
As of June 2014, condominium plans will no longer track changes to parking space designations (redesignations). Note that any parking designations demarcated on a plan approved prior to June 16th, 2014 remain valid provided that no re-designation has occurred. If a redesignation is to occur, an “parking designation interest” must be registered on the unit title that currently has the parking space designated on the condominium plan. A secondary registration to amend the interest to attach to the title receiving the benefit of the parking space must then occur.
The condominium plan will indicate the area designated for parking as shown on the plan. The owner of the unit can designate his or her parking space to another residential unit To designate parking, the unit owner must comply with The Condominium Property Act, 1993 (“the Act”).
The owner will have a parking designation registered on his or her title and is able to redesignate his or her parking space to another residential unit by way of interest amendment.
To redesignate a condominium parking space, an interest amendment application must be submitted to ISC. Applications must include Form D as prescribed by the Act.
Once the interest amendment is processed, the residential unit receiving the benefit of parking interest will have the interest appear on its title. The title of the residential unit giving up the parking space will have a notice of expiry appear under the interest. After 30 days, the interest will disappear from the title that has given up the parking space.
If a parking redesignation interest was registered on title prior to June 16th, 2014, and the space is to be redesignation, the same process of registering then amending a “parking designation” interest must be followed.
In most cases, preparing Land Registry packets for Redesignation of Parking Spaces 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.
Note that for any new condominium plans after June 16th 2014 a new parking designation interest is to be used for parking spaces, and all residential units must have a space designated at the time titles are issued. Please access our Designation of Parking Spaces page for further information.