Thinking about buying a waterfront property in British Columbia with a Specific Permission dock? It offers more certainty but comes with extra paperwork and conditions. Specific Permission docks have formal Crown land tenure, typically a License of Occupation, unlike General Permission docks. This tenure is issued to an individual or entity and must be transferred or replaced upon sale. As a buyer, you need to understand what you’re stepping into and how to ensure a smooth, legal transfer. Here is a helpful due diligence checklist to navigate buying a property with a Specific Permission dock.

Step 1: Verify that the Dock has an Active Tenure

The most important difference with Specific Permission is that it involves a formal tenure agreement between the dock owner and the Province of BC.

This can be verified by:

• Using iMapBC to identify the parcel and associated tenures
• Contacting FrontCounter BC with the PID or civic address
• Requesting a copy of the License of Occupation or Crown tenure document from the seller

You’ll want to confirm that the tenure:

• Is active (not expired or under cancellation)
• Covers the dock and water lot in question
• Is issued to the seller (not a third party or corporation unrelated to the land)

Step 2: Review the Terms and Conditions of the Tenure

Tenures come with obligations that can include:

• Annual rent to the Province
• Conditions for use (private only, no subleasing, etc.)
• Construction standards
• Insurance or indemnity requirements

Read the full License of Occupation to understand your responsibilities if you become the new tenant. If you plan to modify the dock, check if the tenure permits changes or can be amended.

Step 3: Determine Whether the Tenure is Transferable

Some Specific Permission tenures are transferable (usually private moorage licenses), while others may need to be re-applied for by the buyer.

Ask FrontCounter BC:

• Is the current license transferable?
• If not, will the buyer need to apply for a new license?
• Are there any conditions or prerequisites for transfer (e.g., property ownership, environmental assessment)?

This affects timing, deal conditions, and potential costs.

Step 4: Include Subject-to Clauses Protecting the Buyer

Because tenure transfer can take time and may involve approval from the Province, your offer should include appropriate conditions. A common subject-to clause might read:

“Subject to the Buyer confirming, to their satisfaction, that the dock is authorized by an active Crown tenure, and that the tenure is transferable or replaceable on terms acceptable to the Buyer, on or before [date].”

Other clauses may include:

• Subject to review of tenure documents by the Buyer’s lawyer
• Subject to the Buyer’s ability to apply for a replacement tenure if needed

Step 5: Confirm Dock Compliance with Tenure Conditions

Just because there’s a tenure doesn’t mean the dock complies with it. Confirm:

• The dock hasn’t been modified beyond what’s authorized
• There are no outstanding complaints or enforcement issues
• The dock structure matches the approved plans (if applicable)

FrontCounter BC can advise whether there are any files or complaints associated with the dock.

Step 6: Ensure Proper Transfer Process is Understood and Initiated

The transfer or replacement of a Crown tenure usually involves:

• Application by the buyer or buyer’s lawyer
• Seller providing written consent
• Payment of a transfer or application fee
• Provincial review and possible delay

You do not own the dock or tenure until the process is complete — and without it, the dock could be considered an unauthorized encroachment.

Step 7: Lawyer Review and Post-Closing Follow-Up

Because of the legal nature of Crown tenures, a real estate lawyer should:

• Review the license terms and transfer conditions
• Prepare necessary documents
• Assist in submitting the application to FrontCounter BC

Post-closing, the buyer should follow up to ensure:

• The transfer was accepted
• The new license was issued in their name

Summary: Specific Permission Brings Certainty, But Requires Precision

Compared to General Permission, a dock with Specific Permission offers more security — there’s a formal agreement in place with the Province. But the catch is that this agreement needs to be handled correctly in the sale process. Transfer, compliance, and documentation are key. If you know what to ask, who to contact, and what to write into your offer, you’ll be well protected and positioned to enjoy your waterfront investment.