What is Bill 44?
In an effort to address the ongoing housing crisis in British Columbia, the provincial government has introduced Bill 44 – the Housing Statutes (Residential Development) Amendment Act, 2023. This legislation aims to streamline the development of housing options and increase the availability of affordable units across the province. In this blog post, we’ll break down the key components of Bill 44, how it will impact housing development, and what the next steps are for municipalities and homeowners. TLN can help you increase your income and property value by showing you how to take advantage of these legislative changes.
What Does Bill 44 Do?
Bill 44 introduces several significant changes to housing regulations in British Columbia:
Secondary Suites and Accessory Dwelling Units: The bill permits one secondary suite or one accessory dwelling unit in all communities across B.C., making it easier for homeowners to create additional rental spaces.
Increased Density in Urban Areas: Municipalities with populations over 5,000 and within an urban containment boundary are required to allow:
Three to four units on lots zoned for single-family or duplex use.
Six units on larger lots zoned for single-family or duplex use, particularly those close to frequent-service transit stops.
Updated Housing Needs Reports (HNRs): Local governments must update their HNRs, Official Community Plans (OCPs), and zoning regulations to plan for housing needs over the next 20 years. This includes reducing one-off public hearings for projects that conform to OCPs.
How Will the Small-Scale, Multi-Unit (SSMU) Housing Work?
The SSMU housing framework under Bill 44 allows for increased density on single-family and duplex lots:
3 Units: Permitted on lots less than 280 sq. m.
4 Units: Permitted on lots greater than 280 sq. m.
6 Units: Allowed on larger lots greater than 280 sq. m. that are close to transit stops with frequent service.
Parking Regulations
No minimum parking is required for projects within 400 meters of transit stops, allowing homebuilders to determine their own parking needs.
Additional provincial guidance will be provided for parking requirements for lots outside of the 400-meter radius.
Provincial Standards
A policy manual will outline provincial expectations regarding setbacks, height restrictions, parking, and lot coverage. Municipalities that have already implemented SSMU zoning changes will retain those regulations, and they may adopt provincial site standards once released.
Changes to HNRs, OCPs, Zoning, and Public Hearings
Bill 44 mandates several updates to local government processes:
Housing Needs Reports: All local governments must update their HNRs using a standardized provincial method to identify current and future housing needs over the next 20 years.
Official Community Plans: OCPs must be updated every five years, incorporating public engagement to ensure adequate planning for housing growth.
Public Hearings: The bill phases out one-off public hearings for housing projects that conform to OCPs, which have already undergone public hearings. Mixed-use projects that are at least 50% housing are also included. However, public notice will still be required if a public hearing is not held for a project.
What’s Next?
The implementation of Bill 44 will occur in phases:
Immediate Effect: Some parts of the legislation will come into force immediately following royal assent, while others will be activated once applicable regulations are passed.
December 2023: The SSMU policy manual and site standards will be provided to local governments.
January 2024: Instructions for updating HNRs will be issued to local governments.
June 30, 2024: Local governments must update their bylaws to accommodate SSMU requirements.
June/July 2024: OCP and zoning review/update instructions will be provided to municipalities.
January 1, 2025: Local governments must complete their interim HNR (subject to regulation).
December 31, 2025: Municipalities must complete their first review and update of their OCPs and zoning bylaws based on the interim HNR (subject to regulation).
Conclusion
Bill 44 represents a significant step forward in addressing housing shortages in British Columbia by promoting the development of secondary suites and multi-unit housing. By streamlining regulations and encouraging local governments to plan for future housing needs, this legislation aims to create more affordable housing options for residents. As municipalities begin to implement these changes, homeowners and developers alike will have new opportunities to contribute to the housing landscape in B.C.
Helpful Links
Town of Comox https://www.comox.ca/development/planning/small-scale-multi-family-housing
City of Courtenay https://engagecomoxvalley.ca/courtenay-ssmuh