Archaeological Sites: What REALTORS® Need to Know
Many details need to be considered when an archeological site exists on a property for sale and therefore, REALTORS® need to practice due diligence in such circumstances on behalf of their clients.
Because archaeological sites are protected by the Heritage Conservation Act, known protected sites on a property must be disclosed as part of a real estate transaction. Burial places, sites that include rock art and places with physical evidence of human use or occupation prior to 1846 are all automatically protected sites. REALTORS® should note that automatically protected sites are:
- protected whether or not they have been identified and recorded
- protected on Crown land and private property
- not noted on title
REALTORS® should communicate to their clients that before developing within the boundaries of a protected archaeological site, the potential costs and limitations of developing the property must be considered.
Since archaeological sites are not noted on the certificate of land title, licensees should check the Provincial Archaeological Site Inventory to determine if there is a record of a protected site on the subject property. REALTORS® are able to make an online data request for information here: www.archdatarequest.tsa.gov.bc.ca. If requests are time sensitive, please include the information in the request and the ministry staff will aim to respond as quickly as possible. In addition, professional consulting archaeologists have access to the provincial inventory and can provide a fee for service, which may be necessary for large or complicated sites.
To respond properly to property owners and/or potential purchasers’ questions, REALTORS® should also be aware of whether or not the site on the property will affect the property’s value and what is required to develop the property. To do this, REALTORS® must use the online data request form. It is also highly recommended that they visit the BC Archaeology Branch’s online responses to frequently asked questions for property owners and developers.
For more information, visit www.for.gov.bc.ca/archaeology/Realtors/Realtors_Introduction.htm.
