What Is an Air Space Parcel?
An air space parcel (ASP)is a legally defined, three-dimensional volume of space that has been surveyed and registered as a separate title in BC’s Torrens land title system. Unlike a traditional lot, which extends from the ground surface downward (and theoretically upward indefinitely by common law), an air space parcel has defined upper and lower boundaries — specified in metres above a datum point, typically sea level.
Air space parcels are created under the Land Title Act (Part 15, Section 138–140) and require an Air Space Plan prepared by a BC land surveyor (BCLS). The plan defines the three-dimensional boundaries of each parcel, records easements and statutory rights of way, and is deposited with the Land Title and Survey Authority (LTSA) to create separate PIDs.
🏗️ Visualizing an Air Space Parcel
Think of a mixed-use building: floors 1–3 are commercial retail (owned by a developer or REIT). Floors 4–25 are residential strata units (100 owners). The underground parking has its own ownership. Rather than one title with complex easements, BC law allows three separate titles — three air space parcels, each with its own PID. The residential strata is registered entirely within its air space parcel, which begins at the 4th-floor structural slab and ends at the roofline. Strata units within that parcel are sold, financed, and resold exactly like any other strata unit — the buyer just needs to understand that the land beneath them belongs to someone else.
How Air Space Parcels Are Created
Air space parcels are typically created at the time a mixed-use development is approved. The process:
- Air Space Plan prepared: A BCLS surveys the building design and prepares an Air Space Plan (ASP) defining each parcel’s three-dimensional boundaries.
- Plan deposited with LTSA: The Air Space Plan is deposited and assigned an Air Space Plan number (e.g., EPP12345).
- New PIDs created: Each air space parcel receives its own PID in the BC land title system. These PIDs appear as separate entries with separate ownership, charges, and encumbrances.
- Strata plan registered within ASP: For the residential component, a standard Strata Plan is then registered within the residential air space parcel. Individual strata lot PIDs are created within the strata plan.
- Shared infrastructure documented: Easements, rights of way, and shared cost agreements are registered on the relevant PIDs to govern shared use of foundations, utilities, elevators, and other common elements.
Where You Encounter Air Space Parcels in BC
| Building Type | Common Structure | BC Examples |
|---|---|---|
| Mixed-use (residential over retail) | Commercial podium ASP + residential strata ASP (may also have parking ASP) | Most Vancouver, Burnaby, Surrey town centre condos built post-2000 |
| Transit-oriented development (TOD) | TransLink or BC Transit owns land; developer owns residential ASP above | Marine Gateway (Vancouver), Joyce-Collingwood station area |
| Residential over civic facility | City or library/rec centre owns lower ASP; strata owns upper | Affordable housing over community centres in Metro Van |
| Strata over hotel or commercial | Hotel or office owns lower floors; residential strata above | Select Gastown/Yaletown developments |
| Parking structure with strata above | Parkade owner holds lower ASP; strata above | Common in older Burnaby and Richmond mixed-use buildings |
| Phased mixed-use development | Developer retains commercial ASP; residential built in phases above | Staging developments in Brentwood, Metrotown, Langley |
How to Identify an Air Space Parcel on Title
When you search a BC property on myLTSA (the Land Title and Survey Authority’s portal), air space parcel properties show certain signals:
- Strata plan designation: The strata plan number may include “EPS” (Electronically Produced Strata Plan) and reference an Air Space Plan number (ASP number or EPP number).
- Multiple PIDs for the same civic address: A single street address may have several PIDs — one for each air space parcel (commercial, residential, parking).
- Statutory rights of way on title: The residential strata ASP title will typically show SRWs for utilities, access, and shared mechanical systems running through adjacent air space parcels.
- Easement for support and shelter: The lower commercial parcel will have an easement obligating them to support the structure above; the upper residential parcel will have a reciprocal obligation not to overload the structure.
🔍 How to Search Air Space Parcel Title on myLTSA
- Log in to myLTSA (ltsa.ca) and navigate to the Title Search module
- Search by civic address — note if multiple PIDs appear for the same address
- Order a Title Search for the residential strata lot PID (this is the individual unit)
- Also order a Title Search for the Strata Plan PID (the strata corporation’s title within the residential ASP)
- If you identify an Air Space Plan number (EPP or ASP number), order the Air Space Plan from LTSA to see the 3D boundaries and all parcel relationships
- Review all SRWs and easements on the residential ASP title for shared obligations
- Check if the commercial or parking ASP has any charges (e.g., mortgages held by the developer) that could affect shared infrastructure
Shared Cost Agreements and Site Strata
In many air space parcel developments, a shared cost agreement (SCA) governs how the owners of multiple air space parcels allocate the cost of shared building infrastructure — the structural frame, foundation, core mechanical systems (boiler, cooling tower, plumbing risers), shared parking, lobby, and elevators.
Some developments go further and create a site strata or bare-land strata that encompasses all the air space parcels, with each ASP owner as a strata lot owner within the site strata. In this structure:
- The residential strata corporation pays strata fees to its own residential strata
- The residential strata corporation also pays site strata fees (or equivalent SCA levies) for shared infrastructure
- Buyers effectively pay two layers of common expenses
⚠️ Common Buyer Surprise: Hidden Shared Cost Fees
Buyers accustomed to standard strata buildings are sometimes surprised to learn that a unit’s “strata fee” of $450/month doesn’t include the $120/month shared cost levy for building mechanical systems. Total monthly cost is $570 — not $450. Always request a complete disclosure of all monthly levies, not just the strata corporation’s own fee. The Form B disclosure statement for the residential strata may not fully disclose site strata or SCA obligations — ask specifically.
Financing Air Space Parcel Strata Units
Most major Canadian lenders (Big 6 banks, credit unions, monoline mortgage companies) will finance air space parcel strata units. However, the process can be more complex than a standard strata:
| Issue | Details | Solution |
|---|---|---|
| Lender unfamiliarity | Some junior lending staff may flag ASP as 'unusual title' and delay or decline | Work with a mortgage broker experienced in urban strata; provide the LTSA-registered strata plan number upfront |
| Title insurance requirements | Lenders require title insurance; title insurers (FCT, Stewart Title) are familiar with ASP structures | Standard title insurance applies; confirm coverage includes ASP-specific risks |
| Appraisal complexity | Appraiser must understand ASP structure and correctly identify the correct strata lot to appraise | Use an AIC appraiser with urban strata experience; provide the Air Space Plan for context |
| Shared encumbrances on underlying parcel | If the commercial or parking ASP below has a developer mortgage, lenders may want confirmation it doesn't affect the residential ASP | Obtain a solicitor's opinion on priority of interests; common in presale situations |
| Presale and incomplete development phases | If the commercial component isn't built yet, lenders may wait for the ASP to be fully registered before funding | Check with lender before condition removal; ensure construction is on track |
Strata Documentation for Air Space Parcel Buildings
The standard strata document review for an ASP building covers the same documents as any strata but adds ASP-specific items:
Standard Strata Documents (Required)
- Form B (Information Certificate from strata corporation)
- Form F (Certificate of Payment — no outstanding strata fees)
- Strata corporation bylaws
- Current budget and financial statements
- Depreciation report (if strata is more than 5 years old and has 5+ units)
- Minutes of last 2 years of strata council and general meetings
Air Space Parcel Specific Documents (Additional)
- Shared Cost Agreement (SCA): The document governing cost allocation for shared building infrastructure between ASP owners
- Site Strata documents: If a site strata exists, its Form B, budget, depreciation report, and minutes
- Air Space Plan (ASP): The registered survey plan showing 3D boundaries — obtainable from LTSA
- Ground lease (if applicable): If the land under the development is leased (common in transit-oriented development), confirm lease term and renewal provisions
- Easement and SRW summaries: Understand what access rights the commercial component has through the residential ASP (e.g., plumbing risers, access corridors)
Common Easements in Air Space Parcel Buildings
Because multiple ASP owners share a single structural system, the law requires cross-easements to allow each owner to use necessary parts of adjacent parcels. Common easements in BC air space parcel buildings include:
| Easement Type | Purpose | Who Benefits / Who Is Burdened |
|---|---|---|
| Support and shelter | Lower parcel must structurally support the upper parcel; upper must not damage or overload lower structure | Reciprocal between all ASP owners |
| Utility access SRW | Pipes, conduits, and ducts passing through adjacent ASPs | Utility owner has right to access for maintenance; burdened ASP must accommodate |
| Parking access | Residential strata users access parking structure owned by another ASP | Residential ASP benefits; parking ASP is burdened (compensated by SCA) |
| Lobby / entrance access | Residents may need to cross the commercial podium lobby to access elevators | Residential ASP benefits; commercial ASP is burdened |
| Elevator SRW | Elevators serving multiple ASPs require access to the elevator shaft through multiple parcels | All users benefit; all parcels are burdened proportionately |
| Mechanical room access | Boiler, HVAC, and other mechanical rooms may be in the lower ASP but serve the upper | Upper ASP has access right for maintenance; lower ASP is burdened |
ASP Developments on Leased Land
Some BC air space parcel developments sit on land that is leased rather than owned — most commonly transit-oriented developments where TransLink or the provincial government owns the underlying land. In these cases:
- The strata corporation leases the land (or the ASP title is leasehold): Buyers are purchasing a strata lot within a leasehold air space parcel. The land lease has a defined term — often 99 years from the development date.
- Financing is more restricted: Lenders and CMHC are more cautious about leasehold ASPs. Most lenders require at least 25–30 years remaining on the lease beyond the mortgage amortization period.
- Value declines as term shortens: As the lease nears expiry, property values can decline steeply. Buyers should be aware of this resale risk and confirm any renewal provisions.
- Examples in Metro Vancouver: Certain transit-adjacent developments in Surrey, Richmond, and Burnaby involve TransLink land leases. Always confirm whether the land is freehold or leasehold when dealing with these buildings.
Buyer Due Diligence Checklist — Air Space Parcel Purchase
When Representing a Buyer in an ASP Building:
- ✓Run title search on the strata lot PID and the residential ASP PID — note all PIDs associated with the civic address
- ✓Obtain and review the Air Space Plan (available from LTSA) to understand the 3D boundaries of each parcel
- ✓Confirm whether the land is freehold or leasehold — if leasehold, determine remaining term and renewal provisions
- ✓Request the Shared Cost Agreement (SCA) or site strata documents and understand all monthly obligations beyond the residential strata fee
- ✓Review all easements and SRWs on the residential ASP — confirm they are disclosed in Form B
- ✓Obtain standard strata docs: Form B, Form F, bylaws, budget, depreciation report, 2 years of minutes
- ✓Confirm financing — advise buyer to disclose the ASP structure to their mortgage broker early
- ✓Confirm title insurance covers ASP-specific risks — contact insurer directly if uncertain
- ✓If the development is phased or incomplete, assess the risk that the commercial ASP remains undeveloped or is sold to a new owner
- ✓Consider having the buyer consult a real estate lawyer experienced in air space parcels before subject removal
Seller’s Agent Obligations in ASP Listings
When listing a strata unit in an air space parcel building, BC realtors should:
- Disclose the air space parcel structure in the listing and information package. Buyers deserve to understand that the building has a more complex legal structure than a standard strata.
- Compile all SCA/site strata documents upfront so they are ready for due diligence — delays in obtaining these documents are a common cause of extension requests.
- Accurately describe all monthly costs — both the strata fee and any shared cost levy. Misrepresenting the total monthly cost is a BCFSA compliance issue.
- Note the ASP in MLS remarks — “Mixed-use ASP building. Residential strata sits within a registered Air Space Parcel. Shared Cost Agreement in place for common building infrastructure. See disclosure package for details.”
Phased Air Space Parcel Developments: Unbuilt Commercial Components
In some developments, the commercial or parking air space parcel is never built out — the developer retains the ASP title and leaves it vacant or uses it for surface parking. Buyers in the residential ASP above should be aware:
- The unbuilt ASP may be eventually developed, potentially disrupting residents (construction noise, vibration, access changes)
- The commercial ASP owner may sell to a new party with different plans for the site
- Shared cost obligations may change when the commercial component is eventually built
- Buyers can search the BC Land Title Office for any development permits or rezoning applications against the commercial ASP PID as part of due diligence
Air Space Parcels and the Strata Property Act
The BC Strata Property Act (SPA) applies to residential strata corporations created within air space parcels in the same way it applies to freehold strata corporations. The strata council, bylaws, voting, depreciation reports, contingency reserve fund, AGMs, and dispute resolution mechanisms all operate under the SPA.
The key distinction is that the strata corporation owns only the common property within its air space parcel. It does not have ownership or rights in adjacent air space parcels — those are governed by the SCA or easements. The strata council does not have authority to make decisions about the commercial ASP; those are the responsibility of the commercial ASP owner.
Frequently Asked Questions
What is an air space parcel in BC real estate?
An air space parcel (ASP) is a three-dimensional volume of space above ground that has been legally surveyed and registered as a separate title in BC’s land title system. Air space parcels are used to separate ownership of different floors or uses within a single mixed-use building.
How do air space parcels appear on BC title?
Air space parcels appear as separate PID entries in BC’s land title system. Each PID represents a defined three-dimensional volume. A single street address may have multiple PIDs — one for each air space parcel.
Do air space parcel strata units have separate strata fees?
Yes, and potentially two layers — the residential strata’s own fees plus a shared cost agreement (SCA) levy for building-wide infrastructure. Always request full disclosure of all monthly obligations before removing subjects.
Can buyers get conventional mortgages on air space parcel strata units in BC?
Yes, most major A-lenders finance ASP strata units if the title is properly registered. Confirm with the buyer’s mortgage broker early, especially for presale or leasehold ASP situations.
What are the key due diligence items for an air space parcel strata purchase in BC?
Key items: title search of both the strata lot PID and residential ASP PID, review of the Air Space Plan, confirmation of freehold vs leasehold status, review of the SCA and all monthly costs, review of strata docs (Form B, depreciation report, minutes), and confirmation of financing.