Buying or selling waterfront property in British Columbia? It’s essential to know the legal status of the dock. A dock might seem like a simple feature, but its permission status can greatly impact your transaction and future property use. Let’s explore how to determine a dock’s permission status and spot any red flags indicating it might be unauthorized.
Step 1: Ask the Right Questions Up Front
Start by asking the seller or listing realtor directly:
- Does the dock have Specific Permission from the Province?
- If not, is it operating under General Permission?
- Can you provide any documentation related to its construction, approval, or maintenance?
Often, the seller might not know, especially if the dock was built long ago. If documentation is missing, further research will be needed.
Step 2: Review Property Title and Legal Documents
Specific Permission docks are supported by a formal Crown Land Tenure, usually a Licence of Occupation, referenced in the title or supporting documents.
Look for:
- Mentions of “moorage,” “Crown lease,” or “Licence of Occupation”
- Copies of the tenure agreement or recent correspondence with FrontCounter BC
Note: General Permission docks will not show up on title, as no formal agreement is issued.
Step 3: Use iMapBC to Research Dock Location and Tenure
iMapBC is the provincial government’s online mapping tool that displays Crown land tenures and other geographic data.
Here’s how to use it:
- Visit iMapBC
- Zoom to the area of interest or enter the civic or legal address
- In the “Map Layers” section, activate Crown Land Tenure
- Look for a polygon or point near the shoreline indicating a tenure
- Click on the symbol to see details: permit number, status, purpose (e.g., moorage), and tenure holder name
If a tenure appears, the dock likely has Specific Permission. If nothing appears, it might mean the dock is under General Permission, unauthorized, or the data is outdated (though this is less common). If you’re unsure, cross-check with FrontCounter BC.
Step 4: Contact FrontCounter BC for Confirmation
FrontCounter BC is the one-stop service centre that manages land and water use applications in the province. You can:
- Email or call them with the PID or address of the property
- Ask whether there is an active dock tenure associated with the property
- Request a copy of any current tenure documents
They can confirm:
- If the dock has Specific Permission
- If the tenure is current, expired, or under review
- If there are any compliance concerns on file
This step is especially important if the dock is old or there’s confusion over who the permit holder is.
Step 5: Visual and On-Site Clues
Sometimes, the dock itself can tell a story. Look for:
- Dock Size and Complexity: Large docks with pilings, gangways, or multiple berths are more likely to require Specific Permission.
- Signage: Some permitted docks may have posted signage noting the tenure number or permit.
- Condition: An aging, poorly maintained dock could mean it has been forgotten — and possibly non-compliant.
If you’re uncertain, a surveyor or experienced dock builder can assess whether the structure likely meets General Permission criteria.
Step 6: Signs the Dock may be Unauthorized
Red flags include:
- No documentation or awareness from the seller
- No Crown tenure record in iMapBC or from FrontCounter BC
- Located in a sensitive or restricted area (e.g., fish habitat zone)
- Built after 2009 without permits (the current policy was introduced that year)
- Enclosed or covered structures on the dock
If the dock is unauthorized, it may be subject to enforcement, removal orders, or denied insurance. Don’t assume that a longstanding dock is automatically legal.
Step 7: Confirm with a Lawyer or Consultant
If there’s any doubt, consider hiring a real estate lawyer familiar with waterfront properties, or an environmental consultant who can interpret tenure and land use designations. They can:
- Review the title and iMapBC data
- Advise whether General Permission applies
- Draft appropriate contract clauses
This is especially important for buyers who plan to renovate, insure, or finance the property.
Summary: Always Verify — Don’t Assume
Determining dock status may take a few steps, but it’s worth the time. Here’s a quick recap:
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Understanding a dock’s legal status is step one. In the next articles, we’ll walk through what to do before making an offer — and how to protect yourself depending on whether the dock has General or Specific Permission.
This concludes Part 2 of Mark Brade’s 4-Part series on the complexities of buying real estate with docks in the Okanagan. Part 1 “Understanding Dock Permissions in BC – General vs. Specific Permission Explained” is also published this month.
Stay tuned for Parts 3 and 4 next month which will cover “What to Do Before Making an Offer on a Property with a General Permission Dock” and “What to Do Before Making an Offer on a Property with a Specific Permission Dock”, respectively.
To learn more, contact Mark Brade at [email protected].