This will explain how encroachments may affect owners and builders ability to obtain a building permit in the City of Burnaby.
Occasionally a builder or developer will discover that a principal building, from an adjoining lot, is encroaching on the property that they wish to develop. Such encroachments will not prohibit the owner or developer from building a new building but, for the purpose of applying the spatial separation requirements of the B.C. Building Code, the encroaching building will be considered to be a second building on the property. Those spatial separation requirements will be applied to both the existing and proposed construction.
If the owner/developer of the property finds that the spatial separations required by the current edition of the B.C. Building Code unduly restricts the construction of the new residential use building they must deal directly with the owner of the encroaching building regarding its alteration or removal. All Building Code issues resulting from the encroachment must be dealt with before the permit for the new building can be issued.
The owner/developer can also contact the Plan Checking section of the Building Department to explore other options to meet Building Code requirements (ie. full sprinkler systems, wired glass in steel frames, etc.).
The two property owners may also have to undertake an encroachment agreement (easement) to deal with spatial separation and other building related issues before they commence the construction of the new building. If Building Code requirements make an agreement necessary (ie. trespass for exiting) the City must be included as a third party. In cases where Building Code requirements do not make an easement neccessary, it is still strongly recommended that the two property owners undertake an encroachment agreement before they commence construction.
The City is not generally concerned with aerial encroachments such as gutters, eaves, roof overhangs, and architectural features, and they should be resolved at the discretion of the adjoining property owners.
In ground encroachments such as permanent structures, concrete work (footings) or drain tiles are not permitted into City easement areas. Aerial encroachment is limited to 2' - 0" and 9' - 0" min. in height from the grade to the underside of a structure. Engineering Department's approval is required (see application form for aerial trespass approval attached). Asphalt (2" thick) or interlocking bricks are permitted to pave driveways.
Any other proposed encroachments over or into easements or right of ways held by public utilities, provincial highways, crown corporations, power lines, pipelines, etc. must be approved by the registered holder of the easement before a building permit can be issued.
Persons wishing to obtain a building permit to construct or alter a building over the Canadian National Rail Train Tunnel must first obtain the written permission from the Maintenance Supervisor, Bridge and Structures, of the CNR.
Owners or builders undertaking a development near a water course or stream should also be aware of the Land Development Guidelines for the Protection of Aquatic Habitats regulated by the B.C. Ministry of Environment and the Federal Department of Fisheries and Oceans.
For further information on existing building encroachments, please contact the Building Department at 604.294.7140 or 604.294.7143. For further information on encroachments into easements, contact the Engineering Department at 604.294.7460.
(please print)
| property address |
date |
| legal description |
| size of easement |
description of trespass |
| location of easement (ie. 10' - west side - from applicant's research) |
| applicant name |
phone number |
| applicant mailing address |
City |
Postal Code |
| applicant signature |
Enclose a copy of the plot plan as submitted to and stamped by the Building Department showing siting of building(s), trespass, (if driveway over easement area, show driveway cross section), lot number, adjacent lot numbers, street name(s), lane(s), north arrow and cross section of trespass.
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For Departmental use only
This application has been approved subject to the following:
_______________________________
Signature of issuing official
____________________
Date
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