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The province is extending the deadline for people to file information to a registry intended to track the “hidden ownership” of real estate in B.C. The deadline, originally the end of this month, is now the end of November 2022.
Lawyers say the law was complex and guidance from the government on interpreting the law was insufficient
The province is extending the deadline for people to file information to a registry intended to track the “hidden ownership” of real estate in B.C. The deadline, originally the end of this month, is now the end of November 2022.
The Land Owner Transparency Act came into effect in December, giving both new property buyers and existing property owners a year to disclose interest holders in corporations, trusts and partnerships.
The goal was a publicly searchable database of information about who directly or indirectly owns real estate in hopes of curbing rising home prices fuelled by shell companies, nominees and trusts that allow for obscuring owners’ identities and, potentially, money laundering.
The extension to next year, in part, acknowledges the administrative strain caused by COVID-19. However, it was also sparked by points made by many lawyers and others.
“It’s much easier to say you are doing something than to actually do it,” said Ron Usher, a lawyer who represents B.C.’s notaries public that work on real estate transactions and sat on the panel that led to an overhaul of real estate regulations.
“It’s a very complex law, and it’s going to take time and staffing to explain it to the public and then to enforce it,” said Usher.
An Oct. 25 letter from the Canadian Bar Association’s B.C. branch to the Ministry of Finance said the original deadline was “unrealistic for a number of reasons.”
Even though there was awareness among lawyers, notices were never sent to property owners “alerting them to the Nov. 30, 2021 deadline,” said the letter.
Since trust arrangements don’t require owners to appear on property titles, there was the challenge of figuring out who to inform of the filing deadline.
The letter, more pointedly, also said “there has been a lack of meaningful guidance to legal professionals through authoritative policy statements by the ministry regarding the interpretation and application of the Act.” It warned that a year after the law being enacted people in the legal profession often have differing views of the correct interpretation of the law.
As one lawyer pointed out, the Ministry of Finance provides dozens of bulletins and publications interpreting the Property Transfer Tax , but little information on the much more complex topics of interpreting “indirect control” of real estate and transactions by foreign buyers.
“Legislative complexity coupled with inadequate guidance means that legal professionals are spending more time handling each (transparency) matter, which, in turn, leads to backlogs of client requests and the inability to provide adequate legal representation,” said the letter.
The lawyers’ group argued for an extended deadline because the Act is so complex, but has a “scope of penalties” and there is the significant potential for misfilings due to misinterpretations.
TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.
The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.
The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.
“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.
“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”
The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.
New listings last month totalled 15,328, up 4.3 per cent from a year earlier.
In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.
The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.
“I thought they’d be up for sure, but not necessarily that much,” said Forbes.
“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”
He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.
“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.
“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”
All property types saw more sales in October compared with a year ago throughout the GTA.
Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.
“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.
“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”
This report by The Canadian Press was first published Nov. 6, 2024.
The Canadian Press. All rights reserved.
HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.
Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.
Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.
The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.
Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.
They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.
The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.
This report by The Canadian Press was first published Oct. 24, 2024.
The Canadian Press. All rights reserved.
Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.
Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.
Average residential home price in B.C.: $938,500
Average price in greater Vancouver (2024 year to date): $1,304,438
Average price in greater Victoria (2024 year to date): $979,103
Average price in the Okanagan (2024 year to date): $748,015
Average two-bedroom purpose-built rental in Vancouver: $2,181
Average two-bedroom purpose-built rental in Victoria: $1,839
Average two-bedroom purpose-built rental in Canada: $1,359
Rental vacancy rate in Vancouver: 0.9 per cent
How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent
This report by The Canadian Press was first published Oct. 17, 2024.
The Canadian Press. All rights reserved.
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