Zoning Is Not Title: How Building Schemes and Covenants Can Block a BC Fourplex

Bill 44 changed the zoning on most single-family lots in BC. It did not touch the private restrictions registered on their titles. On some streets, a 1980s building scheme still says one house per lot, and it still wins.

The short answer

Zoning is public law set by the city. Title charges are registered on the land itself and bind every future owner.
A restrictive covenant (Land Title Act s.219) or a statutory building scheme (s.220) can limit a lot to one single-family house even where the zoning allows a fourplex.
The Province has said Bill 44 does not override existing covenants. They have to be discharged, modified by agreement, or cancelled by a court.
Zoning tools, ZoneScout included, cannot see title. A title search costs about $10 to $15, plus a similar fee per charge document.

Two separate systems

When you look up what a lot allows, you are reading the zoning bylaw: public rules written by the city and changed by council. Bill 44 rewrote those rules so that most single-family lots now allow 3, 4 or 6 homes.

Title is a different system. The Land Title and Survey Authority keeps a register of every parcel in BC, and against each title it records charges: mortgages, easements, rights-of-way and restrictions. A restriction registered on title binds the land, so it binds every future owner whatever the zoning says. If the two disagree, you have to satisfy both. The stricter one wins in practice.

Two layers: zoning sets what the city allows; title restrictions can narrow it further for a particular lot.

Zoning bylaw (public) Set by the city, changed by council. After Bill 44: up to 4 or 6 units on most single-family lots.
Title charges (private and registered) Covenants, building schemes, easements and rights-of-way. Can limit the same lot to one house, a height, a style or a building location.
What you can build Whatever satisfies both. A permit from the city does not clear a private restriction on title.

A building permit confirms the zoning and the Building Code. It does not mean a title restriction has been cleared.

The charges that matter for a multiplex

Statutory building scheme (Land Title Act s.220): Registered by a developer across a whole subdivision, binding every lot in it, and enforceable by each owner against the others. Common in master-planned neighbourhoods from the 1970s onward. Many say one single-family dwelling per lot, and some regulate height, roof style, materials or fences.
Restrictive covenant (Land Title Act s.219): A registered agreement limiting the use of land or what can be built on it. Many are in favour of the municipality, often signed as a condition of an earlier subdivision or rezoning. Some cap density, protect a tree or view, or fix a building location.
Easement (A right over a neighbour's land): Gives another lot a right to use part of yours, such as for shared access or a driveway. It can remove the space a detached unit would need.
Statutory right-of-way (For utilities and governments): A registered right for a utility or public body to run pipes, wires or access across the land. You usually cannot build over it.

Bill 44 did not override them

This is the point that surprises people. The Ministry of Housing has confirmed that Bill 44 does not override existing covenants, including those under section 219 of the Land Title Act. Its guidance also tells municipalities not to register new covenants that would prevent the densities the legislation requires. So old restrictions survive, and new municipal ones should not be added to get around the law.

The effects showed up quickly. In 2024 CBC reported on Burnaby homeowners whose sale to a developer was blocked by a historic restriction on title, and Peninsula media warned that covenants could stall Bill 44 projects in South Surrey and White Rock. We have run into it ourselves: in October 2026 a Kelowna realtor pointed out that a lot in a master-planned neighbourhood, which ZoneScout showed at 4 units, could never be redeveloped that way because of its statutory building scheme. They were right. That is why ZoneScout says the zoning permits up to a number of units, never that a lot can support them.

Where you are most likely to find one

Higher-risk lots

Master-planned subdivisions Neighbourhoods built by a single developer, often with a name and design guidelines, are where building schemes are most common.
Lots created by a subdivision with conditions Cities often took a s.219 covenant at subdivision to control building location, tree retention, geotechnical conditions or density.
Lots near slopes, creeks or floodplains Geotechnical and flood covenants can fix a building envelope or a minimum floor level and require reports before building.
Older view-protected areas Height and view covenants are common on hillside lots in places like West Vancouver, North Vancouver and the Okanagan.

How to check, and what happens if you find one

Order the title. Search the title through the LTSA (or have a notary, lawyer or search service do it). The title lists every registered charge by type and number.
Order each charge document. The title gives only the charge's name. You need the document itself to know what it says. Pull every covenant and any building scheme declaration.
Read who benefits. A covenant in favour of the city may be discharged or modified by the city. A building scheme benefits every lot in the subdivision, which makes it much harder to remove by agreement.
Know the removal routes. A charge can be discharged by the parties it benefits, or an owner can apply to the BC Supreme Court under section 35 of the Property Law Act to modify or cancel one, for example because it is obsolete. Court applications take time and money and the outcome is not guaranteed.
Price it in, or walk away. If a lot's value depends on building a multiplex, treat an unresolved restriction as a deal risk and get legal advice before you remove subjects.

Sources

Frequently asked questions

Does Bill 44 override restrictive covenants in BC?

No. The Ministry of Housing has said Bill 44 does not override existing covenants, including section 219 covenants under the Land Title Act. A covenant or statutory building scheme limiting a lot to one house still applies after the zoning changes.

What is a statutory building scheme?

A set of restrictions a developer registers across all the lots in a subdivision under section 220 of the Land Title Act. It binds every lot and can be enforced by each owner. Many limit lots to one single-family dwelling.

How do I find out if my property has a covenant?

Order a title search from the Land Title and Survey Authority, then order a copy of each registered charge it lists. The title shows the charge type and number; the document shows what it restricts.

Can a covenant be removed?

It can be discharged by the parties it benefits, or cancelled or modified by the BC Supreme Court under section 35 of the Property Law Act, for example if it is obsolete. A building scheme benefits every lot in the subdivision, so removing it by agreement is difficult.

Does ZoneScout check title?

No. ZoneScout reports what the zoning bylaw and provincial law allow. It cannot see charges registered on title, so check title separately before relying on any unit count.