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.
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.
- Development potential in the City of Victoria
- Development potential in Saanich
- Development potential in Oak Bay
- Development potential in Esquimalt
- Development potential in View Royal
- Development potential in Colwood
- Development potential in Langford
- Development potential in Highlands
- Development potential in Metchosin
- Development potential in Sooke
- Development potential in Central Saanich
- Development potential in North Saanich
- Development potential in Sidney