On the purchase of real estate, one of the most common documents that your lawyers will review from the title is known as a statutory building scheme. These documents are registered at the Land Title Office and form a “charge” (i.e. encumbrance) against the property. A building scheme is generally put in place to maintain a level of consistency in a neighbourhood and cover a number of properties in an area such that each homeowner has the benefit of their neighbours being covered by the same restrictions. The authority for the registration of a building scheme is found in section 220 of the Land Title Act and permits the imposition of restrictions “consistent with a general theme of development”. It should also be noted that historically, these charges showed up as a combination of a restrictive covenant showing as a charge on the title and a notation for the building scheme.
The parties that have the right to enforce a building scheme are the other owners of properties covered by the building scheme. The dissolution of the developer does not, in itself, invalidate the building scheme or the requirement for approval. A good source of more information about building schemes in general, and about their enforcement can be found in an article by the Regional District of Coldstream