Statutory vs. Non-Statutory Survey Plans: Do You Need a Legal Survey?
“I need a legal survey plan.”
This is a common request we hear from clients. However, many property owners are not aware that land surveyors prepare different types of plans, and not every survey plan serves the same purpose.
In general, survey plans fall into two broad categories: statutory survey plans and non-statutory survey plans. Understanding the difference can help you avoid delays, extra costs, and confusion during permitting, construction, subdivision, or property transactions.
For those interested, the Association of British Columbia Land Surveyors provides examples of different plan types here:
https://abcls.ca/page/example-plans
A common question is: Do you need a statutory plan every time you contact a land surveyor?
Another common misconception is that a non-statutory plan is somehow of lesser value.
Not quite.
There are many situations where a non-statutory survey plan is exactly what is required.
Non-Statutory Survey Plans
Non-statutory survey plans are generally used for design, construction, permitting, layout, certificates, or client records. These plans are not filed in the Land Title Office.
Here are some of the most commonly requested non-statutory plans we produce.
1. Topographic Survey Plan / Tree Survey Plan
A topographic survey plan is commonly used for design work and municipal submissions. It is often required for new construction, redevelopment, or further development of a property.
A topographic survey typically shows existing site features such as buildings, trees, roads, fences, elevations, and other relevant physical features.
These plans are commonly needed when:
- Planning a new building of any kind
- Applying for permits
- Looking to subdivide or rezone a property
- Planning an addition to an existing building
- Providing site information to architects, engineers, designers, or municipalities
This is only a short list. There are many other reasons a consultant or municipality may require a topographic survey.
2. Survey Certificates
Survey certificates are often required by municipalities, banks, buyers, or inspectors. They may be referred to as forms certificates, building certificates, mortgage certificates, or non-encroachment certificates.
A certificate typically shows a structure and its relationship to the property lines. It may also show elevations, setbacks, encroachments, or other details required by the municipality or approving authority.
Common examples include:
Forms Certificate / Non-Encroachment Certificate
When new building walls are formed or a concrete foundation has been poured, many municipalities require a certificate before construction proceeds further. This usually confirms distances to property lines and may include elevation information, such as pour strip heights. This helps the inspector confirm that the construction conforms to the approved plans.
Building / Mortgage Certificate
This type of certificate is often required by a bank, buyer, lawyer, or municipality. It may show existing buildings, encroachments, easements, rights-of-way, and other features affecting the property. It can also be required as part of an occupancy permit process.
Miscellaneous Certificates
Municipalities may require certificates for many different structures or site improvements, including:
- Decks
- Retaining walls
- Building additions
- Concrete pads
- Gate posts
- Fences
- Overhanging eaves
- Roof heights
3. Property Line Survey
A property line survey can sometimes fall into either the statutory or non-statutory category.
A property line survey is generally considered non-statutory when the surveyor has not filed a plan with the Land Title Office. For example, if a surveyor places temporary marks between existing property pins so a client can build a fence, the surveyor may issue a sketch plan for the client’s records.
However, if new legal survey posts are placed and a plan must be filed, the work may become statutory in nature.
4. Miscellaneous Sketch Plans
Surveyors may also prepare sketch plans for various types of layout or site work. These are typically issued for the client’s records and may be used to show work completed on site, construction layout, or specific features requested by a municipality, contractor, or consultant.
Statutory Survey Plans
To keep it simple, a statutory survey plan is a plan that is submitted to or registered in the Land Title Office. Once registered, it becomes part of the official legal record for the property.
The Land Title and Survey Authority of British Columbia provides a list of plan types here:
https://ltpm.ltsa.ca/appendix-2-types-plans
One of the biggest misconceptions we hear from clients after they have already obtained a non-statutory survey plan is:
“I already paid for a survey. Why do I need another one?”
The reason is that a non-statutory survey plan cannot simply be used as a statutory survey plan. Statutory plans have different legal, technical, approval, and filing requirements.
Here are some of the most commonly requested statutory plans we produce.
1. Posting Plan
A posting plan is required when a new legal survey post or property pin has been placed on the property. The land surveyor then files the required plan with the Land Title Office.
2. Subdivision Plan
A subdivision plan is required when land is being divided into two or more parcels.
3. Strata Plan
A strata plan is required when creating strata-titled ownership. This may include duplexes, triplexes, fourplexes, condominiums, townhomes, and other multi-unit developments.
4. Reference Plans and Explanatory Plans
Reference plans and explanatory plans may be required for rights-of-way, easements, covenants, leases, and other permitting matters.
An explanatory plan is generally based on existing descriptions, plans, or Land Title Office records, rather than a new ground survey.
A reference plan is based on a ground survey completed by a British Columbia Land Surveyor. This often means the surveyor must complete field work and, in some cases, place legal survey posts to define the area of interest.
In some situations, either a reference plan or an explanatory plan may be possible. However, it is the responsibility of the land surveyor to review the legislation, project requirements, and site conditions to determine the appropriate course of action.
Which Type of Survey Plan Do You Need?
The type of survey plan you need depends on the purpose of your project.
You may need a non-statutory survey plan if you are:
- Applying for a building permit
- Designing a new home or addition
- Confirming setbacks for construction
- Building a fence
- Preparing for inspections
- Providing information to an architect, engineer, municipality, bank, or buyer
You may need a statutory survey plan if you are:
- Subdividing a property
- Creating a strata development
- Registering a right-of-way, easement, covenant, or lease
- Re-establishing or posting legal survey pins
- Preparing any plan that must be filed with the Land Title Office
Conclusion
The type of survey plan you need depends on what you are trying to accomplish. A non-statutory survey plan may be all that is required for design, permitting, construction, municipal approval, or client records. However, if the plan needs to be registered with the Land Title Office or create an official legal record, a statutory survey plan may be required.
If you are unsure which type of survey you need, the best place to start is by explaining your project goals to a land surveyor. From there, we can help determine whether a statutory or non-statutory survey plan is appropriate.
At Elevate Land Surveying, we have a unique office model where our land surveyors directly take calls from the general public. Reach out to us to discuss your project needs.