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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: development

Conditional Building Permits: A Very Useful Tool

Posted in Construction, Municipal

There are many situations in which a developer may need to begin construction before a certain date, but cannot get their building permit in time. In Ontario that is usually because they cannot yet meet some very minor “applicable law” requirement that, according the Building Code Act, they must comply with in order to obtain the permit.[1]

A conditional building permit can often get around this problem, even though many municipalities in Ontario use them so infrequently that they seem barely aware that they have the authority to issue them. Conditional building permits are authorized pursuant to s. … Continue Reading

Proposed Amendments to Alberta’s Condominium Property Act

Posted in Commercial, Construction, Policy, Residential

On May 6, 2014 amendments to Alberta’s Condominium Property Act were introduced into the Alberta Legislature.  The Act establishes the framework for the development, sale, and governance of both residential and commercial condominiums located in Alberta and outlines the duties and responsibilities of developers, owners, buyers and boards.  The proposed amendments are designed to bring the Act, originally introduced in the 1960s, more in-line with the modern realities of Alberta’s growing condominium industry – currently, there are more than 8,000 condominium corporations registered in Alberta and condominiums account for over 20% of homes sold annually in Alberta.

More than 50 … Continue Reading

Alert to Developers and Construction Lenders: Significant Increases to Development Charges in the City of Toronto

Posted in Construction, Policy

Are you a developer who is planning to construct a large-scale project in the City of Toronto or a construction lender providing financing to these developments? If so, you should be aware of significant, phased increases to development charges recently implemented in the City of Toronto pursuant to City of Toronto By-law No. 1347-2013. The by-law also changes how certain projects are categorized for the purposes of determining the applicable development charge.

As you may be aware, there were significant public consultations held on this issue. Although the City agreed to a reduced percentage increase in respect of the new … Continue Reading