Changing a Condo Balcony in Vancouver: What Needs Strata Approval

First, find out what your balcony is

A balcony can be one of three things: part of your unit, limited common property, or common property. The strata plan shows which.

The Act defines limited common property as common property designated for the exclusive use of the owners of one or more strata lots, the Act's name for the units. The Province's page on common property says balconies may be designated this way, and that the legend on the strata plan explains how each area is marked.

If the balcony is part of the unit, Standard Bylaw 5(1) applies. Item (c) names balconies attached to the exterior of a building, item (e) names railings and similar structures that enclose a balcony or patio, and item (b) names the exterior itself. Bylaw 5(2) says the strata must not unreasonably withhold its approval.

If the balcony is common property or limited common property, Standard Bylaw 6 applies to any alteration of it. Bylaw 6 leaves out the sentence about unreasonably withholding approval.

Six balcony changes and the bylaw items they touch

The table gives the items under the Standard Bylaws. Your building's own bylaws can add to them.

The Standard Bylaws leave the word "alteration" undefined. For tiles that sit loose on the surface and can be lifted by hand, ask the strata in writing whether it treats them as an alteration.

When the owners must vote

Some balcony changes are beyond what a council can approve by itself. Section 71 of the Act says a strata must not make a significant change in the use or appearance of common property unless the change is approved by a 3/4 vote at an annual or special general meeting, or is needed immediately for safety or to prevent significant loss or damage.

The Province's page applies that to owners' requests: a resolution passed by a 3/4 vote must be obtained if an alteration will result in a significant change in the use or appearance of common property.

The same page lists building exteriors among the typical common property of a condominium. An enclosure, a different railing or a tall screen changes how that outside looks. Ask the strata in writing whether it treats your change as significant.

Enclosing a balcony can change the unit's legal size

An enclosure that turns the balcony into a room falls under one more section. Section 14.2 of the Strata Property Regulation says the habitable area of a unit excludes patios and balconies.

Where the balcony is part of the unit and the building's unit entitlement is calculated on habitable area, section 70(4) of the Act applies to making a nonhabitable part habitable. Unit entitlement is the number that sets each unit's share of the common expenses. The owner must seek an amendment to the Schedule of Unit Entitlement and obtain a unanimous vote before making the change.

Section 5.1(2) of the regulation gives one exception. The unanimous vote is unnecessary if the increase, combined with any earlier increase, is less than 10% of the habitable part and less than 20 square metres, and the owner has the strata's prior written approval.

Wires and gas lines to the balcony

A wire or gas pipe to the balcony passes through the outside wall. The Act's definition of common property includes pipes and wires for gas and electricity when they sit inside a wall that forms a boundary between a unit and the common property. Item (f) and Bylaw 6 therefore apply to the route, whatever the balcony itself is.

Gas work has its own regulator. Technical Safety BC's page on homeowner gas permits says a permit is required for installing or replacing gas piping and for installing built-in gas barbecues. It also says owners of a strata "cannot obtain homeowner permits and must hire a licensed contractor". The same page says replacing an existing plug-in style gas barbecue does not require a permit.

Standard Bylaw 3(1) forbids using a unit or the common property in a way that causes a nuisance or hazard to another person. Ask the strata whether its bylaws address barbecues and heaters on balconies before you plan a gas line.

Who repairs the balcony afterwards

Under Standard Bylaw 8, the strata repairs and maintains balconies and the railings that enclose them, both where they are part of a unit and where they are limited common property. Section 72(2)(a) of the Act lets a building's own bylaws make an owner responsible for limited common property the owner has a right to use, so check yours.

The strata needs to reach what it repairs. Section 77 says an owner who has the right to use limited common property must allow the strata reasonable access to it.

Bylaws 5(2) and 6(2) let the strata require your written agreement to take responsibility for expenses relating to the alteration. For tiles or decking, ask the strata to state in writing who lifts and relays them when it repairs the balcony surface beneath.

How we prepare a balcony request

We read the strata plan and the bylaws before we draw anything. The request states what the balcony is on the plan and names the bylaw item for each change.

We photograph the balcony floor, its drain and the base of the railing before the work, and the request shows how water will still reach the drain. Where the job allows, a floor covering is laid so that it can be lifted in sections.

We include a drawing of the change as seen from outside the building, with the materials and colours named, so the council can judge its appearance. Gas and electrical work is done by contractors licensed for it, and their permits go to the owner for the strata's file.