- A Separately Titled Unit In some buildings, individual parking spots or lockers are set up in the declaration as their own separately described units, each with its own proportionate…
- - [ ] Ask your lawyer to review the condominium’s declaration and description for how the specific parking spot or locker is legally categorized.
Not all condo parking spots and lockers are the same kind of legal interest — and the difference matters more than most buyers realize. In Ontario, a parking spot or locker attached to your condo unit could be a separately titled unit you own outright, an exclusive-use common element you have rights to but don’t technically own, or a space you’re simply leasing from the condominium corporation or another owner. Before closing, it’s worth knowing exactly which one you’re getting.
This isn’t just a technical distinction. It affects what you’re allowed to do with the space, whether it’s covered by the same closing paperwork as your unit, and what happens if you ever want to sell or transfer it separately.
The Three Ways a Parking Spot or Locker Can Be Held
1. A Separately Titled Unit
In some buildings, individual parking spots or lockers are set up in the declaration as their own separately described units, each with its own proportionate share of common expenses. When this is the case, the spot or locker can, in principle, be bought, sold, or mortgaged somewhat independently of your residential unit, though in practice many declarations restrict transferring it separately from your unit.
2. An Exclusive-Use Common Element
More commonly, parking spots and lockers are designated as common elements of the building — owned collectively by all unit owners — but assigned to specific units for exclusive use. You have the right to use that specific spot, but you don’t hold separate legal title to it the way you might hold title to your unit.
3. A Leased Space
In some buildings, particularly where parking or locker supply is limited, spaces are leased — either from the condominium corporation itself or from another owner who holds title or exclusive-use rights — rather than transferred to you as part of your purchase.
Comparing the Three
| Separately Titled Unit | Exclusive-Use Common Element | Leased Space | |
|---|---|---|---|
| Who holds title | You | The condominium corporation (collectively, all owners) | Varies — the corporation or another owner |
| Can you sell it independently | Sometimes, subject to the declaration | Generally tied to your unit, not separable | No — it’s a lease, not an ownership interest |
| Where it’s defined | The declaration and description | The declaration and description | A separate lease agreement |
| Included automatically in your purchase | If specified in your agreement | If specified in your agreement | Only if you separately arrange it |
How to Check Which One You Have
- [ ] Ask your lawyer to review the condominium’s declaration and description for how the specific parking spot or locker is legally categorized.
- [ ] Review your agreement of purchase and sale to confirm exactly what’s included — the legal description of a parking or locker unit, if it’s separately titled, should be spelled out.
- [ ] Request the status certificate for a resale purchase, and have your lawyer review it for any parking or locker-related disclosures, including whether any spaces are leased rather than owned.
- [ ] Confirm whether the spot or locker carries its own proportionate share of common expenses, or is bundled into your residential unit’s share.
- [ ] If buying resale, confirm the parking or locker assignment actually transfers with the sale — don’t assume it does without written confirmation.
Why This Matters for Non-Resident Buyers
Ontario’s Non-Resident Speculation Tax framework now specifically includes standalone condominium parking and storage units within its definition of taxable "designated land," a change effective March 27, 2024. If you’re a non-resident buyer purchasing a standalone parking or locker unit separately, or as part of a residential purchase, this is a detail your lawyer should flag early — the tax treatment can depend on exactly how the space is legally structured.
Why It Matters at Resale
If you ever sell your unit, knowing whether your parking spot or locker is separately titled, an exclusive-use common element, or leased affects how it’s described, and transferred, in your own sale agreement. A leased space, in particular, doesn’t automatically pass to a buyer the way an owned or exclusive-use spot typically does — the lease terms govern.
Frequently asked questions
Can a condominium corporation take back an exclusive-use parking spot?
This depends on the specific declaration and by-laws governing the building, and on the circumstances. Because exclusive-use rights are defined by the corporation’s governing documents rather than by separate title, it’s worth having a lawyer review exactly how your building’s declaration handles this before you rely on the assignment as permanent.
Do I pay separate property tax on a parking spot or locker?
If the space is a separately titled unit, it may be assessed and taxed on its own; if it’s an exclusive-use common element bundled with your residential unit, it’s typically part of your unit’s overall assessment. Confirm the specific structure for your building with your lawyer.
What if my resale purchase agreement doesn’t mention parking or lockers at all?
Don’t assume a parking spot or locker is included just because the seller currently uses one. Ask your realtor and lawyer to confirm in writing, ideally supported by the status certificate and declaration, exactly what is and isn’t included in your purchase.
Can I rent out my parking spot or locker separately from my unit?
It depends on how the space is held and on the condominium corporation’s rules. A separately titled unit generally offers more flexibility than an exclusive-use common element, but the corporation’s declaration and rules can still restrict leasing. Check before assuming.
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