Buying a Half Duplex in BC: Shared Walls, Strata Duplexes and Title

A half duplex has its own front door, but you share a wall, and often a roof and a budget, with the owner next door. Here is how half duplexes are held in BC, how decisions work when a strata has only two owners, and what each kind of title means for insurance, repairs and your mortgage.

The short version

Three ways a half duplex can be held

The Province lists duplexes among the kinds of strata housing, but not every duplex is a strata:

• A strata lot in a two-lot strata. Your half is a strata lot with its own title. Whatever the strata plan doesn't put in a strata lot is common property the two of you share, and some of it, such as a yard, may be limited common property for one owner's exclusive use.
• A freehold lot. Each half sits on its own lot with its own title, and a registered party wall agreement may deal with the shared wall.
• A share of one title. Some duplexes were never divided: both owners are on one title, each with a share of the whole property rather than a particular side.

A title search shows which kind you are looking at, how title is held and what is registered against it, such as easements and covenants. I compare the kinds of ownership in Freehold or Strata?

Building strata or bare land strata?

A two-lot strata can be either kind:

• Building strata. The strata lots are defined by the building. Where a wall separates two strata lots, the boundary generally runs midway through it, unless the strata plan shows otherwise.
• Bare land strata. Survey markers, not walls or floors, set the lot lines. The Province notes the plan doesn't usually show the houses; if it does, the strata may not be bare land, and the exteriors may be common property. I explain the rest in Bare Land Stratas.

A strata with fewer than five lots doesn't need a depreciation report, and generally not an electrical planning report either. It must still put at least 10% of its operating fund contribution into the contingency reserve fund each year, the minimum since November 1, 2023.

Decisions when there are only two owners

The Strata Property Act and its Standard Bylaws, which apply unless your strata has filed its own, work differently with two of you:

• One vote each. At a general meeting, each strata lot generally has one vote. A majority vote needs more than half of the votes cast and a 3/4 vote at least three quarters, so when you both vote, a resolution passes only if you agree.
• Quorum. With fewer than four lots, the default quorum is two thirds of the votes, so it takes you both. But unless your bylaws say otherwise, if there is no quorum within half an hour, the meeting is adjourned a week, and if there is still none then, the eligible voters who attend are a quorum.
• You are both the council. When there are fewer than four lots, every owner sits on council. With one owner on each side, it takes both of you for a quorum, decisions need a majority of those present, and the president can't break a tie when there are only two strata lots.
• Big changes. A significant change in the use or appearance of common property, such as building on a shared yard, generally needs a 3/4 vote, which, when you both vote, means your neighbour's yes.
• The annual meeting. Even a two-lot strata must hold an annual general meeting within 2 months after its fiscal year ends, unless, by then, every eligible voter waives it in writing and consents in writing to resolutions on the budget, the council and any other business.

If you reach a deadlock, the Civil Resolution Tribunal can decide most strata claims, of any amount; see Strata Disputes in BC.

Repairs and the shared wall

• Building strata. Under the Standard Bylaws, you maintain your own strata lot, and the strata repairs the common property (with limits for limited common property) and the building's structure and exterior, even where they are part of a strata lot. With two lots, the strata is you and your neighbour, paying through strata fees.
• Shifting the work. By bylaw, a strata can make the owner who uses limited common property, such as a yard or deck, responsible for repairing it, so check the bylaws for who pays for the roof, siding and windows on each side.
• Bare land strata. The strata's duty to repair the structure and exterior doesn't extend to strata lots in a bare land plan, so each owner generally maintains their own home.
• Freehold lots. Under the Land Title Act, a party wall agreement can cover altering, maintaining, repairing and replacing the wall, utility conduits, repairing damage, sharing the costs and insuring the wall. If the agreement was registered since these rules took effect, its promises bind each later owner, and a former owner isn't liable for a breach that happens after they sell. If it is older, ask your lawyer how it applies.

Insurance and renovations

• Building strata. Even with two lots, the strata must insure the common property, the common assets and the buildings shown on the strata plan, generally for full replacement value, and carry liability insurance. Your own policy should cover your belongings, improvements, liability and deductible exposure, as I explain in Condo Insurance in BC.
• The deductible. It is a common expense, but if you are responsible for the loss, the strata can sue you to recover it.
• Bare land strata. The strata has to insure buildings only if they are shown on the strata plan, and the Act lets each owner insure the buildings on their own lot, so you will usually insure your own half.
• Freehold and one title. Check what a party wall agreement says about insuring the wall; on one title, agree in writing how the building is insured.
• Renovations. In a building strata, you need the strata's written approval before altering the structure, exterior, exterior doors and windows or fences, which it can't unreasonably refuse, and before altering common property, including your limited common property. With two lots, that means the two of you; building permits may also apply.

Financing each kind

• Strata and freehold halves. Canada Guaranty, for example, insures semi-detached homes, freehold or strata, so you can buy with less than 20% down if you qualify and the price is under $1.5 million. It counts 50% of strata fees in your debt ratios.
• A share of one title. This is the hard one. Canada Guaranty lists co-ownership, undivided interests and fractional ownership among the ownership types it won't insure, and Sagen requires everyone on title to be on the mortgage and liable for the whole amount, so your co-owner would have to sign yours. Ask a mortgage professional early which lenders, if any, will lend on a share.
• Converting to a strata. Stratifying a duplex that has been lived in needs the approving authority's approval, usually the municipality's, which it can give only if the building substantially complies with local bylaws and the building regulations.
• If co-owners fall out. Under the Partition of Property Act, any co-owner can ask the court to order the property divided or sold. I cover this, and co-ownership agreements, in Co-Buying a Home.

Before you remove subjects

• The title and the strata plan. Confirm how the half is held, what is common and limited common property, and whether it is a bare land plan.
• The Form B. The strata must provide it within one week of a request, for up to $35 plus copying. It includes a summary of the strata's insurance, with the current budget attached. Ask for the bylaws and minutes too.
• The money. Check the reserve fund balance, whether both owners pay into it and what big repairs are coming.
• The agreements. Have your lawyer or notary review any party wall or co-ownership agreement.

Questions buyers often ask me

Is a half duplex freehold or strata in BC?

It can be either, or a share of one title held with the other owner. The title search shows which: a strata half is a strata lot on a strata plan.

Does a duplex strata need a depreciation report?

No. A strata with fewer than five lots is exempt, but it must still put at least 10% of its operating fund contribution into the reserve fund each year.

What happens if my neighbour and I disagree?

In a two-lot strata, when you both vote, nothing passes unless you agree, and the president can't break a tie on council. If you can't settle it, the Civil Resolution Tribunal can decide most strata disputes.

Who insures a strata duplex?

In a building strata, the strata must insure the building, and your own policy should cover your belongings, improvements, liability and deductible exposure. In a bare land strata, you usually insure your own half.

Can I get a mortgage on a half duplex that shares one title?

It is harder. Canada Guaranty won't insure co-ownership or undivided interests, and Sagen requires everyone on title to be on the mortgage, so talk to a mortgage professional before you make an offer.

Weighing a half duplex? Read Joint Tenancy or Tenants in Common?, the strata documents to read first and what strata fees cover.

This article is general information, not legal advice. The rules come from the Strata Property Act and Regulation, the Land Title Act, the Partition of Property Act and the mortgage insurers' published guidelines, current at the time of writing; your strata's bylaws may differ, so have a lawyer or notary review the title and any agreements. For the Province's overview, see kinds of stratas.