Encyclopedia
Temporary Use Permit (TUP)
A local government permit allowing a use not permitted by zoning for a limited time.
For example: A business applies for a TUP for a pop-up. (Illustration only, not a real deal.)
Official source: Local Government Act (BC Laws)
Example only, not a real client. Say you want to run a seasonal market on a lot where zoning does not allow it. A temporary use permit may let you operate for a set period while you test the idea, without rezoning.
What I’d tell a friend
A temporary use permit can bridge a gap, but it ends. Plan for what happens when it expires.
Why it matters to you
It lets a use run that the zoning doesn't allow, but only for a limited time. Renewal isn't guaranteed, so plan your investment and lease term around when it might end.
How to use it in your deal
Owners should check whether the Official Community Plan (OCP) designates areas where TUPs can be issued, then talk to planning staff early. Expect conditions such as landscaping, screening, hours, security deposits and a requirement to restore the site when the permit ends. Buyers should ask whether a TUP is in place, when it expires and whether renewal is realistic; income from a TUP use shouldn't be valued like a permanent use.
Tenants operating under a TUP should know their right to be there may end with the permit, regardless of the lease term, so match lease length and fixturing spend to the permit. Landlords should make the lease end or allow termination if the permit isn't renewed. Neighbours get notice, so be ready for comments. Ask the city how long the permit lasts and whether it can be renewed.
Mistakes I see
Treating TUP income as permanent. Signing a lease longer than the permit. Ignoring restoration conditions. Assuming renewal is automatic.
In BC and Vancouver
The Local Government Act allows TUPs and sets the time limits; Vancouver has its own Charter rules. Municipal bylaws set the application process.
Official sources: Local Government Act (BC Laws) · Zoning and Development By-law (City of Vancouver)
What it is
A temporary use permit lets a use that zoning does not allow operate for a limited time, if the municipality has designated areas for it in its plans.
It can sometimes be renewed, subject to council approval.
What to know
Conditions may apply, such as restoring the site at the end.
Do not make long-term investments that depend on a permit being renewed. Talk with planning staff about the path to permanent zoning if the use works.
Questions to ask before you sign
- Is a TUP possible here?
- What conditions apply?
- When does it expire?
- Can it be renewed?
- Does my lease match the permit?
Keep reading
Related terms: Zoning bylaw
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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.