Bill 44 & SSMUH: What You Can Now Build on Your Vancouver Island Lot

In November 2023, the BC government passed Bill 44, the Housing Statutes Amendment Act, fundamentally changing what homeowners can build on residential land across the province. If you own a single-family lot on Vancouver Island, your property may now allow up to four or even six units without rezoning.

The BC Legislature in Victoria, where Bill 44 was passed in November 2023, reshaping residential zoning province-wide.

What Is Small-Scale Multi-Unit Housing (SSMUH)?

SSMUH is the provincial framework that automatically allows increased density on lots previously zoned exclusively for single-family homes. Rather than requiring individual rezonings, which can take months or years and cost tens of thousands of dollars, SSMUH sets minimum density standards that municipalities must permit by right. For a detailed breakdown of how these rules apply in the Capital Regional District, see our guide to SSMUH housing rules for Greater Victoria.

This is not optional for municipalities. Every city, town, and district on Vancouver Island with a population over 5,000 must comply. That includes Victoria, Saanich, Langford, Colwood, Nanaimo, Courtenay, Campbell River, and many more.

How Many Units Can You Build?

The number of units allowed depends on your lot size and location:

Under SSMUH, a single-family lot can potentially accommodate multiple dwelling units depending on lot size and location.

What This Means for Vancouver Island Property Owners

If you own a standard single-family lot in Victoria, Saanich, or Langford, typically 550 to 700 m², you likely now have the right to build up to four units. In areas near designated bus exchanges covered by BC's Transit-Oriented Areas legislation (see our Transit-Oriented Areas guide), that number could go even higher.

For Homeowners

• Revenue potential: Add a garden suite or secondary suite to generate rental income
• Property value: Development-ready lots command significantly higher prices than single-use lots
• Family housing: Build a garden suite for aging parents or adult children
• No rezoning required: Eliminates the uncertainty and expense of the rezoning process

For Investors and Developers

• Immediate opportunity: Thousands of lots across Vancouver Island are now eligible for multi-unit development
• Reduced risk: No rezoning means shorter timelines and fewer political hurdles
• Gentle density: Fourplexes and houseplexes fit into existing neighborhoods without large-scale construction

A modern fourplex-style development, the type of gentle density now permitted by right under SSMUH on qualifying lots.

What Municipalities Can and Cannot Do

While municipalities must allow the minimum densities prescribed by SSMUH, they retain control over:

• Building setbacks and height: Standard zoning envelope rules still apply
• Design guidelines: Municipalities can set design standards through Development Permit Areas
• Servicing requirements: Water, sewer, and stormwater capacity must be adequate
• Tree protection: Local tree bylaws remain enforceable
• Heritage designation: Properties with heritage protection may have additional restrictions

Municipalities cannot require public hearings for projects that comply with SSMUH standards. Parking rules depend on transit proximity: within 400 metres of a frequent transit bus stop (where 6 units are permitted), municipalities cannot impose minimum off-street parking requirements (except accessible parking). Outside that 400-metre buffer, municipalities retain the ability to set their own parking standards for SSMUH projects.

The Garden Suite Opportunity

Garden suites (also known as laneway houses) are one of the most practical and popular ways to add density under SSMUH.

Garden suites, detached accessory dwelling units typically built in the backyard, represent one of the most accessible ways to take advantage of SSMUH. They can serve as rental income, family housing, or even a home office while maintaining the character of the primary residence.

On Vancouver Island, construction costs for a garden suite typically range from $250,000 to $450,000, depending on size, finishes, and site conditions. Monthly rental income for a well-designed garden suite in Greater Victoria can range from $1,800 to $2,800, making the economics attractive for many homeowners.

How to Assess Your Property's Development Potential

Not every lot is equally suited for multi-unit development. Our guide to assessing development potential in Victoria, BC covers this in detail. Key factors include:

• Lot size and dimensions: Wider lots accommodate side-by-side units more easily
• Existing servicing: Available sewer capacity is often the biggest constraint
• Topography: Steep lots increase construction complexity and cost
• Proximity to transit: Determines whether 3, 4, or 6 units are permitted. Understanding the differences between SSMUH and Transit-Oriented Areas is key to determining your allowable density
• Neighborhood context: Nearby amenities, schools, and employment centres affect unit values

You'll also want to work with qualified professionals throughout the process. Our development consultants guide for BC explains the ten key professionals involved in residential land development and when to bring each one in.

Key Government Resources

• BC Government: Small-Scale Multi-Unit Housing
• Bill 44 — Housing Statutes Amendment Act, 2023
• Transit-Oriented Areas on Vancouver Island (Part 2 of this series)