Encyclopedia
Non-conforming use
A use that was legal when it started but doesn't meet current zoning. Rules may limit changes and expansion.
For example: A buyer learns the existing use is non-conforming and checks what happens if it stops. (Illustration only, not a real deal.)
Official source: Local Government Act (BC Laws)
Example only, not a real client. Say you buy a small industrial building whose use is no longer allowed by current zoning, but it was legal when it started. It can usually continue, but you check what limits apply to expanding or rebuilding before you buy.
What I’d tell a friend
A legal non-conforming use can continue in some cases, but it can be lost. Check the rules with the city and a BC lawyer.
Why it matters to you
An existing use can usually carry on after the zoning changes, but you may not be able to expand it, rebuild after major damage or change to a similar use. That affects financing, insurance and what a buyer will pay.
How to use it in your deal
Buyers should get written confirmation from the city that the use is lawfully non-conforming and check how long it's been continuous. Ask what happens if the use stops for a while, or the building is badly damaged. Owners should keep the use going without long breaks and avoid changes that need permits. Lenders and insurers may treat these properties differently, so ask early.
Ask the municipality for a letter confirming the use was lawful when the bylaw changed, since you may need proof later. If the use stops for a period, often six months under the Local Government Act, the protection can be lost, so a long vacancy can end it. Expansion is usually limited, and rebuilding after major damage may not be allowed. Lenders and insurers ask about it, and buyers should price the risk.
Mistakes I see
Assuming any existing use can continue forever. Letting the use stop for months during a sale. Planning to expand or rebuild without checking.
In BC and Vancouver
The Local Government Act sets the rules for non-conforming uses, including what happens after a break in use or major damage. Vancouver applies its own Charter and bylaws.
Official sources: Local Government Act (BC Laws) · Zoning and Development By-law (City of Vancouver)
What it means
A non-conforming use is a use that was legal when it began but does not meet current zoning.
In BC, such uses may continue under certain conditions set out in provincial law.
Risks
The right may be lost if the use stops for a period, and there are limits on expansion and rebuilding after damage.
Lenders and insurers may have concerns, so check with them early. Ask the city for written confirmation of the property’s status where possible.
Questions to ask before you sign
- Is the use legally non-conforming?
- Has it been continuous?
- Can I expand or alter it?
- What if the building burns down?
- Will lenders and insurers accept it?
Keep reading
Related terms: Zoning bylaw, Permitted use
- Commercial due diligence checklist for BC buyers
- Leasing commercial space in BC: a tenant's guide
- Zoning, permits and licences for commercial space in Vancouver
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General information for British Columbia only. It isn’t legal, tax, accounting or financial advice, laws and rates change, and reading it doesn’t make you my client. Any numbers or scenarios are hypothetical. Check the linked official source and talk to a lawyer, accountant or other qualified professional before you act or sign anything. See the terms and disclaimer.