Regulating the Short Term Rental Market
On December 7, 2023, British Columbia’s Lieutenant Governor enacted B.C. Reg. 268/2023 under the Short-Term Rental Accommodations Act. This regulation aims at regulating short-term rental properties across the province. This regulation introduces various provisions designed to improve oversight and compliance in the short-term rental market, addressing concerns about housing availability and community impact. The regulation activates several sections of the Short-Term Rental Accommodations Act (S.B.C. 2023, c. 32), specifying which sections will be operational immediately and which will take effect later, with a focus on principal residence requirements and exemptions.
Specifically, sections 1 (excluding certain definitions), 2-5, 15, 19 (1-4), 20, 21 (a), 22-25, and 31-34 will be implemented immediately, while section 38 and others will have portions coming into effect on May 1, 2024. The regulation also lists various exemptions related to certain property types, such as time-share properties, home exchanges, student accommodations, and accommodations linked to outdoor recreational activities, clarifying which rental situations are excluded from the new regulations. A critical aspect of the regulation is the requirement that short-term rentals must generally be operated from the host’s principal residence, which aims to discourage the conversion of long-term housing into short-term rentals and help alleviate housing shortages in many communities.
The regulation includes detailed interpretations and definitions relevant to its application, including specific terms like “float home,” “strata-titled hotels,” and “student accommodation.” This clarity is intended to facilitate compliance and understanding among property owners and potential short-term rental operators. Furthermore, local governments are permitted to request changes to exempt land status, impacting how the principal residence requirement is applied. The regulation outlines procedures and criteria for these requests, allowing local authorities to adapt to housing market conditions. It also specifies prescribed locations for accessory dwelling units, recognizing these as part of the principal residence for rental purposes, and defines eligible municipalities that can apply for changes in exempt land status based on rental vacancy rates.
By implementing these regulations, the British Columbia government seeks to balance the needs of tourists and visitors with those of residents. This initiative is part of a broader strategy to regulate the growing short-term rental market, which has raised concerns about its impact on housing availability and community character. By establishing clear guidelines, exemptions, and requirements, the regulation aims to improve compliance among property owners while addressing community concerns related to housing availability.
British Columbia (26882/2023) December 12, 2023