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Development Potential in the Highlands

The Highlands did amend its zoning bylaw for Bill 44, so calling it simply exempt is wrong. Outside CD2 Areas 1 to 4, what the amendment permits is one principal dwelling plus one accessory dwelling unit: two units, not the 3, 4 or 6 unit tiers, and no 280 square metre threshold anywhere. The accessory unit outside the CD2 zone comes with conditions that have to be met before a building permit application.

Sources: Highlands Bylaw 457, Highlands Zoning Bylaw 100, consolidated

What you can build

Bylaw 457 was adopted on 17 June 2024. It permits one principal dwelling and one accessory dwelling unit. In the CD2 zone, up to three accessory units per lot are possible in Areas 1 to 4.

The accessory unit provisions began with Bylaw 438, adopted on 4 December 2023, which Bylaw 457 extended and renamed.

Sources: Highlands Bylaw 457, Highlands Zoning Bylaw 100, consolidated

The conditions on the second unit

Outside the CD2 zone, the accessory unit comes through a density benefit scheme under section 482 of the Local Government Act, and it is conditional.

Outside the CD2 zone, the owner must register a section 219 covenant prohibiting subdivision of the accessory unit from the principal dwelling, and that covenant has to be registered before the building permit application. The accessory unit is capped at 90 square metres of floor area. The owner must occupy one of the two units as a principal residence. No home based business is permitted in the accessory unit.

Budget for the covenant, and for the time it takes to register, before you plan your permit timeline.

Sources: Highlands staff report, 12 June 2024

What your title might say

Whatever the zoning permits, a covenant or building scheme already registered on title can restrict it further. Order a title search on the PID before you rely on any permission.

There is a full post on what a covenant or building scheme does to your density.

Sources: SSMUH Provincial Policy Manual and Site Standards

FAQ

Does Bill 44 apply in the Highlands?

The Highlands amended its zoning bylaw in June 2024. Outside CD2 Areas 1 to 4, it permits one principal dwelling and one accessory dwelling unit, not the 3, 4 or 6 unit tiers. In CD2 Areas 1 to 4, up to three accessory units per lot are possible.

How big can an accessory unit be in the Highlands?

Up to 90 square metres of floor area.

Do I need a covenant to build an accessory unit in the Highlands?

Outside the CD2 zone, yes. A section 219 covenant prohibiting subdivision of the accessory unit from the principal dwelling must be registered before the building permit application.

Do I have to live on the property?

Yes. The owner must occupy one of the two units as a principal residence.

Development potential by municipality

Every Greater Victoria municipality adopted the provincial rules differently. These guides set out what each one actually permits.

Run your Highlands address through the free development potential assessment. It reads the zoning and the rules that apply to your specific parcel, and tells you what is actually permitted.

Dallas King PREC, REALTOR with RE/MAX Generation, BCFSA licence 172638. Not intended to solicit properties already listed for sale or buyers or sellers already under contract.

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