Legal Note

New BC Laws End Rental and Age Restrictions for Strata Properties

strata restrictions

The new BC housing laws will set housing targets for municipalities and lift strata rental restrictions.

Sources: BCFSA, BIV, Times Colonist

strata restrictions

Image source: Canva

 

Premier David Eby on his fourth day in the office is introducing a suite of housing affordability measures including proposed laws that could order fast-growing municipalities to meet housing supply targets and end rental restrictions based on age or type of building.

During his leadership campaign, Eby promised to implement the measures as British Columbia is facing a growing housing crisis in which both renters and buyers require additional housing.
Proposed amendments to the Strata Property Act will become effective immediately if passed, with the proposed Housing Supply Act coming into effect in mid-2023.

Those communities in urgent need of housing stock – eight to ten are estimated by the province to fall into this category – would be required to establish housing targets as part of a Housing Supply Act.

Targets will be established in a collaborative manner. Where and how that housing is built will be decided by municipalities.
The province did not specify Monday which municipalities have been flagged as being in a state of urgency, only that they will be notified after the legislation takes effect next year.

strata restrictions

Picture source: Canva

 

A government proposal this week will amend the Strata Property Act to permanently end certain rental restrictions, including those that restrict tenants to people over 19 or 30 – essentially banning young families with children.

Additionally, the amendment will end a ban on condo owners renting their units.
There are approximately 300,000 strata units that may be subject to rental bans, according to the province. However, the Act allows stratas to ban short-term rentals, such as Airbnbs, in their bylaws.

After being sworn in in Vancouver on Friday, Eby said he planned to tackle housing issues.
During his fall leadership campaign, Eby released a housing plan intended to tackle affordability, target speculators, and protect renters.

As part of his proposed plan, a government under his leadership would speed up the approval process for affordable housing, use government land for some projects, allowing homebuilders to replace single-family houses with up to three units on the same lot, and make secondary suites legal all across the province.

There is no specific mention of secondary suites in Monday morning’s announcement.
He plans to “hit the ground running” and then provide residents with two one-time payment programs to mitigate inflation pressures.

 

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Burnaby Short Term Rental Regulations

Burnaby short term rental regulations

 

 

In response to an emerging trend in the tourism industry, the City of Burnaby has introduced new regulations for short-term rentals that protect long-term inventory and prevent disruptions to local neighbourhoods.

Burnaby short term rental regulations

Source: Unslpash

 

“It’s important that we do all we can to create a proper balance with housing in our community. We need housing that is available and affordable, so everyone can live here,” said Burnaby Mayor Mike Hurley. “At the same time, we want to support tourism and ensure residents benefit from emerging technologies and marketplaces.”

Burnaby City Council is considering amendments to the Burnaby Zoning Bylaw, the Business Licence Bylaw, Business Licence Fees Bylaw, and the Bylaw Notice Enforcement Bylaw in order to establish a short-term rental program specifically for homeowners who wish to conduct short-term rentals within their principal residence.

Burnaby short term rental regulations

Source: Unslpash

 

The proposed bylaw amendments are based on the framework adopted by the City Council in July 2020 and include the following key provisions:

  1. Business licence required and must provide evidence that the address of the short term rental is the applicant’s principal residence
  2. Must be for principal residence only, not permitted in rental units, secondary suites
  3. Can only rent out for 90 nights of a calendar year as short term and the short term rental operator/applicants not be absent from their principal residence for more than 28 nights (so I guess it must be a local owner)
  4. Operator must deliver their contact info to their neighbours and record every address the notice was delivered to
  5. Business licence must be posted in a conspicuous place within the short term rental
  6. Must post a fire safety plan by all entrances and exits
  7. Must be available at all times to respond to complaints in respect of the short term rental

 

As a result of the rapid growth of online platforms such as Airbnb and VRBO, which facilitate the booking of private residences for use as tourist accommodations, Burnaby introduced this framework. These types of platforms are popular with tourists and homeowners, but it is also intended to protect both the supply and affordability of long-term rental housing, as well as the safety and security of residential neighbourhoods and buildings.

Source

Learn More: Short-term rental proposed bylaw amendments

Media Contact:

Chris Bryan

Manager, Corporate Communications

Corporate Communications and Marketing Departments

604-570-3616 | ac.ybanrubobfsctd@nayrB.sirhC

 

For more information about Burnaby short term rental regulations call Geoff Jarman at 604-313-7280