Encyclopedia
Zoning bylaw
The local bylaw that controls land use, density and building form.
For example: A business checks zoning before signing. (Illustration only, not a real deal.)
Official source: Local Government Act (BC Laws)
Example only, not a real client. Say you want to open a fitness studio in an industrial unit. Before you sign, we check the zoning bylaw and confirm with the city that your use is allowed. That saves you from a lease on space you cannot legally use.
What I’d tell a friend
Check zoning before you sign, not after. Make your offer conditional on it if there is any doubt.
Why it matters to you
It decides what you can use or build on a property. If your plan doesn't fit, you may need a rezoning, a variance or a different property, so check before you commit.
How to use it in your deal
Buyers and tenants should check zoning before signing: confirm the use is permitted, and ask the city how the definition is applied. Don't rely on the listing. Owners planning to build should check density, height and parking, plus any development permit areas. Rezoning is possible but adds time and cost.
Landlords should make sure permitted use clauses match zoning, and that the lease puts the job of getting business licences and permits on the tenant. A restaurant tenant in a Kitsilano retail zone may also need a development permit or building permit for a change of use, even if the use is allowed.
Ask the city whether any text amendments or new zoning are coming, since Vancouver and other cities have been rewriting zones for housing. If you're relying on zoning to support value, get it in writing from planning staff or a zoning compliance letter where available.
Mistakes I see
Relying on the current tenant's use. Assuming a similar use is allowed. Forgetting parking rules. Ignoring non-conforming status.
In BC and Vancouver
The Local Government Act and Vancouver Charter allow zoning. Recent provincial changes on housing affect many zones.
Official sources: Local Government Act (BC Laws) · Zoning and Development By-law (City of Vancouver) · Small-scale multi-unit housing (Government of BC)
What zoning controls
Zoning bylaws set which uses are allowed on a property, as well as building size, height, setbacks and parking. Each city has its own bylaw and its own definitions.
A use that sounds similar may be classed differently, so a quick look is not enough when your business depends on it.
How to check
Read the zoning for the address and, if it is unclear, ask the city’s planning department. Some uses also need a business licence or permit.
Make your offer conditional on confirming that your use is permitted, with enough time to get an answer.
Been given a hopeful rezone number? See what you can actually do with your lot.
Questions to ask before you sign
- What zone is this?
- Is my use permitted?
- What can be built?
- Is rezoning realistic?
Keep reading
Related terms: Permitted use, Density: floor space ratio (FSR) / floor area ratio (FAR)
- Buying a commercial property in BC, step by step
- Leasing commercial space in BC: a tenant's guide
- Zoning, permits and licences for commercial space in Vancouver
Working through this right now? Questions are free. Book a 15-minute call or call or text 604 256 2002, and I’ll give you a straight answer.
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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.