How to Write a Strata Renovation Request in BC, With a Sample Letter

What the law requires of the request

The law asks for little. Standard Bylaws 5(1) and 6(1) say an owner must obtain the written approval of the strata corporation before making an alteration. The approval must be written. The Standard Bylaws say nothing about the form of the request, so a letter or an email is enough unless your building's own bylaws set a form.

The request comes from the owner. Both bylaws begin with the words "An owner must obtain". A contractor can prepare the documents, and the owner signs and sends them.

The Act does say how a document is given to a strata corporation. Under section 63(1), a document may be left with a council member, mailed to the strata's most recent mailing address on file in the land title office, emailed or faxed to the strata's own address or to one a council member has provided for that purpose, or put in the strata's mail slot or mailbox. Section 63(2) treats a document sent by mail, fax, email or mail slot as given 4 days after it is sent. Write the sending date on the letter and keep proof of it.

One later document has stricter rules. If the council leaves your request unanswered, section 34.1 of the Act lets you request a hearing at a council meeting. That request must be an application in writing "stating the reason for the request". Section 4.01 of the Strata Property Regulation defines the hearing as an opportunity to be heard in person at a council meeting.

Three documents to get before you write

Ask the strata for three things first. Each one changes what the letter says.

• The current bylaws and rules. The strata must provide them within one week of an owner's request (Act, s. 36(3)).
• The registered strata plan. The strata must keep a copy (s. 35(2)(b)) and must provide records on that list within 2 weeks of an owner's request (s. 36(3)). The plan shows where your unit ends and which parts are limited common property, meaning common property set aside for the use of one or more units.
• The building's own renovation form or alteration agreement, if it has one, with its list of the documents a contractor must show.

The nine parts of a complete request

A complete request has nine parts. The table gives each part and the question it answers for the council. Where a part is based on the law, the section number is in the right-hand column. The other parts come from our working method, so match them to your building's own list.

Scope, bylaw items and pipes: how to write each one

Write the scope so that it can be checked against the finished work. In place of "Renovate bathroom", write: "Remove the tub, toilet, vanity and floor tile. Install a new tub, toilet and vanity in the same positions. Install new floor tile over a sound-reducing layer." The council can then see what will change and what will stay.

Then sort the scope by bylaw item. Standard Bylaw 5(1) has seven items, from (a) the structure of the building to (g) the parts of the unit the strata must insure. Bylaw 6 covers common property and limited common property. Naming the item beside each piece of work shows the council which bylaw it is deciding under, and the two differ: only Bylaw 5 says the strata "must not unreasonably withhold its approval".

Give pipes, wires and ducts their own heading. The Act's definition of common property includes those that sit inside a boundary wall, floor or ceiling, and those inside the unit that are capable of being used, and intended to be used, by another unit or the common property. State which ones the work touches and which it leaves alone. If the work touches none that serve other units, say so in one sentence.

Contractor, dates, common areas and expenses

For the contractor, send exactly what your building's bylaws, rules or alteration agreement list. Each building sets its own list. Ask for it in writing and attach each document by name.

For dates and hours, quote the building's own text. Write the bylaw or rule number and the hours it gives, then state that the work will stay inside them. Give a planned start date that falls after the council's next meeting.

For common areas, describe the protection in plain steps: what will cover the hallway floor and the elevator walls, which entrance materials will come through, where waste will go, and who cleans the route at the end of each day.

The expenses part needs care. Bylaws 5(2) and 6(2) allow the strata to require, as a condition of approval, that the owner "agree, in writing, to take responsibility for any expenses relating to the alteration". Ask in your letter for the agreement the strata uses, and read it before you sign.

The agreement stays with the unit's records. When a unit is sold, the strata gives the buyer an Information Certificate, a form that lists fees, debts and agreements on the unit. Section 59(3)(c) of the Act requires it to disclose "any agreements under which the owner takes responsibility for expenses relating to alterations". A buyer will read what you signed, so keep the agreement, the approval letter and the drawings together.

A sample request letter

Copy the lines below and replace each pair of square brackets with your own details. Change the bylaw numbers to match your building's filed bylaws. Delete any line that does not apply to your work.

• To: The strata council, Strata Plan [plan number], care of [strata manager's name and company]
• From: [owner's full name], owner of unit [unit number], strata lot [strata lot number]
• Date sent: [date], by [email or mail] to [address]
• Subject: Request for written approval of an alteration under Bylaws [5 and 6, or your building's bylaw numbers]
• I am asking for the strata corporation's written approval of the renovation described in this letter. No work will start before I hold that approval in writing.
• 1. Scope of work. [Room]: remove [items]. Install [items]. [Items] stay where they are. [Repeat for each room.]
• 2. Bylaw items. [Work] falls under Bylaw 5(1)[letter]. [Work] falls under Bylaw 6. [Repeat for each part of the work.]
• 3. Pipes, wires and ducts. The work touches [list each one]. [Each one] serves [this unit only, or other units]. All other pipes, wires and ducts stay as they are.
• 4. Drawings and products. Attached: a floor plan marked with the changes, and product sheets for [flooring, layer under the flooring, plumbing fixtures].
• 5. Contractor. [Company name], [contact person], [phone and email]. Attached: [each document the building's bylaws, rules or alteration agreement list].
• 6. Dates and hours. Planned start: [date]. Planned finish: [date]. Work will take place within the hours set in [bylaw or rule number]: [hours].
• 7. Common areas. [Covering] will protect the hallway floor and the elevator. Materials will enter through [entrance]. Waste will leave by [route] and go to [place]. I request an elevator booking for [dates].
• 8. Expenses. Bylaw 5(2) allows the strata to require my written agreement to take responsibility for expenses relating to this alteration. Please send the agreement the strata uses so that I can read and sign it.
• 9. Reply. Please send the council's written decision to [email and mailing address]. I can attend the council meeting on [date] to answer questions.
• Signed: [owner's name]

After you send it

Keep a copy of the letter, the attachments and the proof of sending. The strata must keep correspondence sent or received by the strata corporation and council (Act, s. 35(2)(k)), and section 4.1(5) of the regulation sets the period at 2 years or more. Your own file should last as long as you own the unit.

Ask the strata manager which council meeting will consider the request. If the council sends questions, answer each one in writing and number your answers to match.

If the scope changes after approval, write again before the changed work is done. Standard Bylaw 5(1) requires approval before an alteration is made, and the approval you hold covers only the work your letter described.

If a meeting passes and no answer comes, send a hearing request under section 34.1. State the reason: that you seek a decision on the request dated [date]. The council must then hold a meeting to hear you within 4 weeks.

What we prepare for an owner's request

When we work with an owner on a strata renovation, we prepare parts 2 to 8 of the request. We read the building's bylaws, rules and form, then write the scope in the same words our contract uses, so the council approves the work that will be built.

We look at the unit to find which pipes, wires and ducts the work will touch and which of them serve other units. We mark the floor plan, collect the makers' product sheets, and attach the contractor documents the building lists.

The owner reads the package, signs the letter and sends it. We set the start date after the written approval arrives.