Strata short-term rental bylaws
Strata corporations can have bylaws to limit or ban short-term rentals. The fine for owners or residents violating a short-term rental strata bylaw can be up to $1,000 a day. Short-term rentals are not the same thing as long-term rentals. Long-term rentals are usually governed by the Residential Tenancy Act.
Strata corporations (or sections) can create a bylaw, by a 3/4 vote of owners, to limit or ban short-term rentals.
Local governments may have definitions of short-term rentals. For example, the City of Vancouver says that a short-term rental can be an entire home, or a room within that home, that is rented for less than 30 consecutive days at a time.
Effective November 30, 2018, strata regulations 7.1 and 7.2 were amended to allow strata corporations to impose a fine of up to $1,000 a day for owners or residents not complying with a strata short-term rental bylaw; the previous allowable fine of $200 a week had not been a sufficient deterrent. This level of fine only applies to short-term rental bylaws.
A strata's short-term rental bylaw must specify the maximum fine, which may not exceed $1,000 a day.
Short-term rentals may also be regulated by local government and some local governments in B.C. have bylaws limiting short-term rentals.
For example, Kelowna, Powell River, Victoria and Vancouver generally limit short-term rentals to primary residences only. That means only the homeowner who lives in the unit, or the tenant who lives in the unit, may list the unit as a short-term rental. Investors, who do not live in the residence, may not list a unit (or units) as short-term rentals. Vancouver has also negotiated with Airbnb (the largest short-term rental platform) to only post Vancouver Airbnb listings with a Vancouver business licence number.
There is also provincial legislation which governs short-term rentals. The Province collects up to 11% in taxes on short-term rentals. The taxes include the 8% provincial sales tax (PST) and, where applicable, a municipal and regional district tax (MRDT) of up to 3% on accommodations. Revenues from the provincial sales tax (PST) are used to improve housing affordability.
As of November 24, 2022, strata corporations may not have a bylaw restricting or banning long-term rentals (residential tenancies). Learn more in strata legislation changes.
Strata corporations are still allowed to have bylaws restricting or banning short-term rentals. (Technically short-term rentals are a licence to occupy and a commercial use).
Short-term rentals are not the same as long-term rentals. Long-term rentals are usually governed by the Residential Tenancy Act.
If a strata corporation and its owners are considering adopting a bylaw to limit or ban short-term rentals it is very helpful to consult with a knowledgeable strata lawyer. Short-term rentals are a complex topic and there are many factors to consider.
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The information on this website about strata housing is provided for the user’s convenience as a basic starting point; it is not a substitute for getting legal advice. Learn more about the site’s purpose and limits. The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: November 26, 2022.