Replacement Plans (Phased Developments)

In a phased development, the developer divides the establishment of the condominium into two or more phases. The developer has reserved the right to build additional phases by providing security (bond or letter of credit) and registering an interest called a developer’s reservation.

Under The Condominium Property Act, 1993 (“the Act”), the developer can proceed with the next phase of development by having a replacement plan prepared. The plan must be submitted and approved under The Land Surveys Act, 2000. When that plan is approved, the developer is in a position to apply for titles for the new units created by the phase.

REPLACEMENT PLAN REQUIRED
A plan is required for each phase after the initial phase. This is the “replacement plan”. The developer must have such a plan prepared and then have it approved by Plan Processing. This situation is also considered to be a “transform”.

Once a plan has been approved and a Transform Approval Certificate (TAC) has been issued, the developer is in a position to have titles issued for the units as created by the plan. At the same time, the developer also applies to cancel any titles to existing units and set up titles again based on the new plan number (the number of the replacement plan). To obtain the titles, an application is made to Land Registry. Applications to set up titles for condominiums may now be done online using our Online Submission Tool (OLS). A Standard Unit Description must also be included with an application to obtain titles.

PLANNING FOR FUTURE PHASES
If after the phase represented by this replacement plan, the developer plans to build an additional phase or phases, the packet must include an application to register an interest based on a developer’s reservation. This reserves to the developer the right to build additional units and facilities.

To obtain a developer’s reservation, the developer must address the issue of providing security for the completion of the additional units and common property in the phased development. In certain circumstances, security may be waived – see requirements as set out in the regulations. Security requirements are managed by the Office of Public Registry Administration who may be contacted here. Upon the recommendation of the Registrar, the minister responsible for the Act will either certify that security has been provided, or endorse a waiver of the requirement to obtain security.

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 sketch plan showing that common property is promised, or such property has been completed, or that no common property was promised.

and

• Form  K – Certificate of Cost. Describes common facilities and additional units to be completed, as well as cost for each item. This must be signed by an engineer, architect or appraiser under seal.
• Bond (Form E) or Letter of Credit. The security must be in the amount specified in section 17 of the regulations. If a letter of credit is provided, it must meet specific requirements of the Land Registry. For more information about these requirements, please contact our Customer Support Team.

or

• Certificate of an architect/engineer/appraiser regarding the cost of completing the additional units, common property and common facilities described in Form M. If security was provided when titles were issued pursuant to a previous plan or replacement plan, a waiver of the requirement for security may be possible.
or

• Form M – Certificate of Completion. Signed by an architect, engineer or appraiser, under seal and indicating common property and additional units as described in Form M declaration are complete.

or

• Certificate of an architect/engineer/appraiser that indicates no common property was promised.

Please send the applicable 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 Declaration (Form J) with a certificate of acceptance if the minister is satisfied that the developer has obtained sufficient security or with a waiver of the requirement to obtain a security, if this is warranted.

You will use the endorsed Form J Declaration to register an interest based on a developer’s reservation.

CORPORATION MUST CONSENT
The condominium corporation must consent to issuance of titles pursuant to the replacement plan. This is done by a board resolution. The developer must complete Form X of the regulations under the Act. This form (Request for Titles Pursuant to a Replacement Plan) includes a certificate to be completed by a member of the board that states that the corporation does not oppose the issuance of titles. Note also where new common property or services units are created, the corporation must also provide its consent using Form NN.

The certificate of the board member is authorization for surrendering all the current unit titles and the setting up of the titles under the approved replacement plan. If the corporation does not provide this consent, the developer may need to bring a court application under section 20 of the Act.

PREPARING THE PACKET
In most cases, preparing Land Registry packets for Replacement Plans 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.

  • Replacement Plans (OLS) - step-by-step instructions for submitting your packet quickly using OLS.
  • Replacement Plans (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.