Encyclopedia
Statutory declaration
A written statement declared to be true before a commissioner.
For example: A seller provides a statutory declaration at closing. (Illustration only, not a real deal.)
This is a general industry term with no single official definition. Your lease or contract wording controls.
Example only, not a real client. Say you are buying a building and the contract requires the seller to provide a statutory declaration confirming there are no unpaid contractors. It gives you added protection on liens at closing.
What I’d tell a friend
Statutory declarations are formal statements made under oath or affirmation. Read them before signing.
Why it matters to you
You're swearing the facts are true, often at closing about debts, leases or occupancy. If they aren't, the deal can unwind and there can be legal consequences, so check every statement before you sign.
How to use it in your deal
Buyers should list the facts they need confirmed at closing and ask that they be put in a statutory declaration as well as the contract, since it gives you another form of comfort. Sellers should read each statement carefully and only declare what you actually know, adding "to the best of my knowledge" where appropriate and agreed.
Landlords may ask tenants for estoppel certificates rather than declarations, but some lenders want both. Owners refinancing may be asked for declarations about the property's condition or leases. Keep copies, since they're useful if a dispute arises later.
Sellers are often asked to declare things like no unpaid work or unregistered liens, so tell your lawyer before signing if you aren't sure a statement is true.
Mistakes I see
Signing without reading. Declaring facts you haven't checked. Buyers relying on a declaration instead of doing due diligence.
In BC and Vancouver
The Canada Evidence Act and BC's Evidence Act govern statutory declarations. False declarations can bring legal consequences.
Official sources: CanLII (court decisions) · Land Title and Survey Authority of BC
What it is
A statutory declaration is a written statement of facts that the person declares to be true before a commissioner or notary.
In real estate, they are used for things like residency, liens and tenancy details.
What to know
Making a false declaration can have serious consequences.
Your lawyer will tell you which declarations a deal needs and what supporting documents to gather.
Ask for draft wording early, so there are no surprises on closing day.
Questions to ask before you sign
- What facts need declaring?
- Who will sign?
- Do I have personal knowledge of each fact?
- Is a knowledge qualifier acceptable?
- Does the lender need one too?
Keep reading
Related terms: Completion date
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General information for British Columbia only. It isn’t legal, tax, accounting or financial advice, laws and rates change, and reading it doesn’t make you my client. Any numbers or scenarios are hypothetical. Check the linked official source and talk to a lawyer, accountant or other qualified professional before you act or sign anything. See the terms and disclaimer.