Modifying a Covenant
Many properties in the Squamish-Lillooet Regional District (SLRD) have restrictive covenants on title that specify the nature, size, and location of construction on the property. Restrictive covenants are charges registered on title to land that restrict the use of the land in some way. If you would like to modify one of these covenants, please submit a Development Application Form.
After the application form is completed, it can be submitted to the SLRD Planning Department along with:
- Copy of covenant to be amended/released;
- Proposed amendment covenant (if applicable);
- A written rationale for the requested covenant amendment/release;
- Strata approval (if applicable);
- Title Search fee of $30 OR a copy of the Certificate of Title dated within 30 days of the date of the application and all title documents registered on title;
- Application fee of $800 (plus $1,000 for public hearing or $600 public hearing waiver fee, as applicable).
More detailed information may be requested during review of the application. Submission of an application does not guarantee approval. The following are the key steps in the review process:
- The application is reviewed by the Planning Department and other affected SLRD departments;
- In the case of geotechnical covenants, staff may request a geotechnical report prepared by a professional engineer or geoscientist stating that the site will be safe for the use intended if the covenant is modified;
- Staff make a recommendation in a report to the Board of Directors about how to modify the covenant;
- The Board of Directors, by resolution, either directs staff to modify the covenant or not modify the covenant;
- If directed to modify the covenant, staff work with the applicant and lawyers to finalize a covenant modification agreement;
- The covenant modification agreement is executed by the SLRD and the property owner;
- The covenant modification agreement is registered on the title of the property by a lawyer.
Once a covenant modification agreement is registered on title, it is binding on existing and future owners of the property.