New Provincial Housing Legislation for BC

In November 2023, the Province of BC adopted new legislation aimed at easing the housing crisis by enabling the development of small-scale and multi-unit homes on most single-family and duplex zoned lots.

What is Small-Scale Multi Unit Housing?

Small-scale multi-unit housing (SSMUH) refers to a range of housing unit configurations that can provide more affordable and diverse options than single-family homes.

New dwelling units can be developed in a variety of housing types including combinations of (but are not necessarily limited to): single detached dwellings, secondary suites, detached accessory dwelling units (such as garage suites), duplexes, triplexes, fourplexes, townhomes.

What Will Change?

All municipalities across BC with a population of 5,000 or greater will soon allow four (4) dwelling units on properties over 280 square metres in size, and three (3) dwelling units on lots with a minimum size of 250 square metres and a maximum size of 280 square metres. Municipalities outside Fernie that are close to transit stops with frequent service, at least six (6) units will be allowed on larger sized lots.

The new provincial legislation requires local governments to update their zoning bylaws to accommodate the increased dwelling unit density by the end of June 2024.

The City of Fernie is currently working to draft amendments to the Zoning Bylaw, Official Community Plan (OCP) and develop an updated Housing Needs Report (HNR) to meet the Province’s timelines:

June 30, 2024 – Update the Zoning bylaw to allow for Small-Scale Multi-Unit Housing (SSMUH).
January 1, 2025 – Complete an Interim Housing Needs Report, estimating housing needs for a 20-year timeframe.
December 31, 2025 – Update the Official Community Plan and Zoning Bylaw to align with the finalized Housing Needs Report.

The provincial changes also phase out one-off public hearings for housing projects that are consistent with official community plans. Instead, there will be more frequent opportunities for people to be involved earlier in the process, with new legislation requiring the OCP and Zoning Bylaw be updated every 5 years, while reflecting and pre-zoning for the 20-year total number of housing units required to meet anticipated housing needs. Public hearings will continue to be required whenever local governments update or develop new OCPs, or consider rezonings for projects that are not consistent with the OCP.

Learn about the planned changes to help build more homes faster at the Province’s Housing Initiative information page

More infomation is available in the November 1, 2023, press release from the Ministry of Housing.