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Area of Practice | Individuals and Estate Planning

Real Estate and Development

Real estate, development, financing, and leasing

For more than 75 years, Ratcliff has advised individuals, businesses, developers, lenders, Indigenous Nations, and organisations across British Columbia. Our work spans residential, commercial, and recreational transactions, Whistler and resort property, land assembly and development, commercial leasing, private and construction lending, strata matters, First Nations leasehold work, and non-resident or cross-border sales.

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Focus Areas Legal guidance across real estate and development

Residential, Recreational, and Whistler Property Transactions

Purchases, sales, transfers, mortgages, and refinances for residential, recreational, and resort properties, including Whistler and other resorts, fractional interests, and co-ownership arrangements.

Commercial Real Estate and Property Transactions

Acquisitions, dispositions, and refinancings of office, retail, industrial, and mixed-use properties, including title structuring, due diligence, GST considerations, and related corporate or financing work.

Commercial Leasing for Landlords and Tenants

Office, retail, industrial, and ground leases, including new leases, renewals, assignments, subleases, and leasehold transactions involving private and First Nations lands.

Land Assembly, Subdivision, Development, and Approvals

Land assembly, subdivision, rezoning, development permits, statutory rights of way, section 219 covenants, servicing agreements, and disclosure statements under the Real Estate Development Marketing Act.

Construction, Joint Ventures, and Project Delivery

Joint venture and co-ownership agreements, construction contracts, project structuring, and legal arrangements that move development sites from acquisition to completion.

Real Estate Financing and Lending

Borrower and lender side advice on mortgages, construction and institutional financing, private lending, and security work, including registered security, guarantees, and intercreditor arrangements.

First Nations Land and Leasehold Transactions

Leasehold purchases and sales, headleases and subleases, designated lands, and development matters involving reserve lands, treaty lands, and First Nations land governance.

Strata Property, Governance, and Related Matters

Strata plan deposits, phased and bare land strata developments, governance advice for strata corporations and developers, and common property or bylaw issues.

Non-Resident Sales and Cross-Border Matters

Non-resident tax clearance, withholding and holdback arrangements, cross-border employee relocation transactions, and coordination with accountants and tax advisers where needed.

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Frequently Asked Questions Navigating property decisions confidently

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What taxes apply when buying property in British Columbia?
Buyers generally pay BC Property Transfer Tax on closing, calculated on the fair market value of the property, with first-time buyer, newly built home, and certain other exemptions available. GST may apply to new residential property and many commercial transactions. Foreign buyers may also be subject to additional property transfer tax in certain regions and circumstances.
What is involved in selling property as a non-resident of Canada?
Non-resident sellers generally need a clearance certificate from the Canada Revenue Agency under section 116 of the Income Tax Act. Until clearance is obtained, the buyer is required to hold back a portion of the purchase price. Starting the process well before closing avoids holdback delays and disputes after completion.
Can Ratcliff assist with Whistler and recreational properties?
Yes. We act on Whistler, resort, recreational, and fractional interest transactions, including rental pool arrangements, co-ownership agreements, and title or disclosure issues unique to resort and bare land strata developments.
What does Ratcliff do for developers?
We advise on land assembly, rezoning, subdivision, development permits, statutory rights of way, section 219 covenants, servicing agreements, joint ventures, construction financing, and disclosure statements under the Real Estate Development Marketing Act. We work with developers from acquisition through marketing and closing.
Do you advise on First Nations land transactions?
Yes. We act on leasehold purchases and sales, headleases, subleases, designated lands, and development projects involving reserve lands, treaty lands, and First Nations land governance.
Do you act for both borrowers and lenders?
Yes. We act for institutional and private lenders and for borrowers on mortgages, construction financing, private lending, security registrations, intercreditor arrangements, and related matters.
Can Ratcliff help with property transfers between family members?
Yes. Family transfers can raise property transfer tax, GST, mortgage, capital gains, and estate planning issues. We coordinate conveyancing with related tax and planning advice.
What is the difference between bare land strata and conventional strata?
A conventional strata usually divides a building into strata lots. A bare land strata divides land itself, with owners holding title to a defined parcel and sharing common property such as roads, services, or amenities. Bare land stratas are common in recreational and Whistler developments and raise distinct governance and disclosure issues.