Do you know about the NEW housing legislation in British Columbia?
As part of the Government of BC’s ‘Homes for People Action Plan’, the Province has passed legislation that is intended to increase the supply, diversity, attainability, and affordability of housing in all BC municipalities.
The new legislation will require municipalities to allow for more housing density as well as different types of housing, particularly in single-family neighbourhoods and near transit hubs and transit corridors.
Historically, planning and land use regulation have been the mandate of local government. These changes will now see residential land decisions being subject to substantially more provincial oversight and influence.
Residents …
… already experience absolute disbelief when we are confronted with a proposed development in our neighbourhood. How can a two week notification timeline be the usual process that cities follow? This is beyond disrespectful. This new legislation will, for residents, make the process and the developments that will be proposed seem even more bizarre. And rezoning of our neighbourhoods could already have happened so the process could be even quicker to have development applications approved.
They call it ‘gentle densification’ – the slow addition of more housing units to neighbourhoods. Now it will happen on individual lots!
Yes, this process of densification on single lots will be gradual and yes, this means that the appearance of our neighbourhoods will also change gradually, but individual residents and neighbourhoods will still encounter the changes one development application at a time.
Research has shown that informing residents early in the process brings about less friction and better results. Now, with all these significant changes happening, would be a good time to begin changing the usual process that cities follow to inform neighbours.
Blaming the Province when residents show up with their concerns is becoming the new norm. Where is the backbone needed to protect residents, those residents that are put on the top of city’s organizational charts? Will the Union of British Columbia Municipalities (UBCM) step up to challenge this change in the overall process? Has this past century of becoming the collective voice for municipalities been the learning curve for this fight?
Residents …
They … bureaucracy … haven’t been listening. We always have specific areas of concern about proposed developments that are coming to our neighbourhoods. But we were also saying that your process is disrespectful – 2 weeks’ notice before an Information Meeting! What balderdash!
So, join me. Become a ‘New NIMBY’. More information can be found on the website, here.
We need to say: ‘YES to affordable housing.’ ‘NO to the usual notification process.’ ‘NO to the proposed design.’
If they won’t change, we will. We will become advocates for people in housing need. We will advocate for current residents. We will advocate for the best design for each specific location.
And we will be respectful.
The 4 pillars of this action plan are:
- to unlock more homes faster
- to deliver better, more affordable homes
- to support those with the greatest housing needs
- to create a housing market for people, not speculators
When did this all happen?
November 2022 – the Housing Supply Act was introduced. It will set housing targets for municipalities (with goals and progress reports and directives and possible intervention by the Lieutenant Governor, if needed, when cities aren’t producing their quota of housing units !!!) This Act will support the ‘Homes for People Action Plan’.
April 2023 – the ‘Homes for People Action Plan’ was started by the provincial government, with the goal of increasing the supply of homes for middle income earners and speeding up the delivery of these housing units.
October 2023 – the Short Term Rental Accommodation Act was introduced and aims to turn short term rentals into homes for people. It will start in cities with a population over 10,000 and establish new rules and regulations.
November 2023 – Housing Statutes (Residential Development) Amendment Act will implement some of the most significant changes to the local government planning policies in nearly 40 years. (Was the Agricultural Land Reserve, that was initiated over 50 years ago, in 1973, the last most significant change to land use in the province?)
- With this Act comes the SSMUH (Small-Scale Multi-Unit Housing) initiative which wants to see more secondary suites in single-family homes or duplexes or detached garden suites or laneway homes or triplexes, four-plexes, six-plexes or townhomes, etc. built on individual lots or land assemblies.
- Also being added are ‘as-of-right’ approvals that happen when a development proposal conforms to zoning and building codes so it will not require any further approvals. This approval process starts with lots that fit the designated sizes and are in city centres near frequent transit networks.
‘As-of-right’ language is also used in the National Housing Strategy. Oh, that we could be working collaboratively, from the inception of a proposed housing project, to build wonderful housing units, rather than this adversarial process that leaves us all frustrated and fewer housing units being built.
- Essentially, multiple housing units may be built on a property with neighbours having no recourse to have their voices heard (when certain conditions apply).
- This Act also addresses secondary suites/accessory dwelling units (ADU) bylaws. A ‘Secondary Suite Incentive Program’ will provide financial help for homeowners to create a new secondary suite on their property to be rented out for below market value for a minimum of 5 years. The benefits of adding secondary suites and ADUs include: providing homes for aging parents, adult children or other family members, helping to pay a mortgage or investing in existing property and contributing to more long-term rental housing in communities.
- It brings tenant protections bylaws which will help with renters/landlords disputes and will also help with tenants facing evictions from redevelopment.
This Act also needs a more practical component.
Don’t just add more dwelling units. Pay attention to the rental units that are being endured because people can’t afford better living spaces.
Let’s start with extra insulation in the ceilings. How many tenants are currently living with unendurable noise from those living above them … people who don’t use ‘inside voices’ or play their music loudly or the incessant yapping of a dog. And extra insulation in the walls. Often tenants don’t have the ability to regulate the temperature in their suites. With climate change bringing hotter days … and nights, let’s think about how we can cool these units. Let’s include an incentive to ‘add a window’. Make the costs totally tax deductible. Better access to any outdoor space and laundry facilities are next. And finally, there needs to be thought put into where tenants will park.
Can there be tax rebates for landlords who implement renovation projects to existing suites but don’t spend $40,000? Can cities continue to update their ‘suite’ policies so that new units are built better and landlords are offered incentives to renovate? And, what about a policy that allow landlords to charge tenants less and then receive a tax break for that amount? If you don’t ask … ‘out of the box’ questions … you won’t know if it is possible!
Policy Manuals and Site Standard guidelines
These are being developed – rapidly – to help local governments implement all the changes. The site standards could include recommendations for setbacks, height, parking and maximum lot coverage. This could definitely, quickly change the look and feel of your neighbourhood.
Are there policy manuals being developed as rapidly to help residents understand what is coming to their neighborhoods?
Standardized Housing Design Project brings a highly systematic approach to building affordable housing with the Standardized Design Catalogue providing free designs. Add in the already accelerated and streamlined development approval process and once more, residents aren’t given much time to consider, and question what is coming to their neighbourhoods.
Each city must produce a report every 5 years and it must include 20 year projections. These reports will provide local governments and the province with a better, current understanding of, and response to housing needs in communities throughout B.C.
But, let’s not start with enforceable housing targets. Firstly, let’s change the way cities approach development – with a more respectful process – and more affordable, livable, neighbourhood-friendly housing units … rather than squeezing in as many units as possible and leaving out places to sit and chat … and having to get in your car every time you need milk.
Official Community Plan (OCP) and Zoning Bylaw amendments must be updated to align with the findings of the Housing Needs Reports.
If this is such an important document, why are so many residents completely ignorant of its’ existence? I was. The current public engagement strategies to inform residents are not working well.
Public Hearings will be prohibited in instances where development application adhere to the OCP or to the new Zoning Bylaws that are being introduced. When a Public Hearing is prohibited notice must be provided before 1st Reading. Notice to who? A few neighbours, perhaps not even the entire block? Notices placed where? In the local paper (if your city still has one) (who actually reads/scans the local paper), in the back pages, a tiny ad, quite undecipherable to the uninitiated resident? Asking questions of City staff or City Council? If there is time.
More about this subject later.
In the fall of 2023, the Province of British Columbia introduced changes to the Local Government Act and Vancouver Charter (VC) to allow more small-scale, multi-unit housing in land use zones that are otherwise restricted to single-family dwellings or duplexes.
November 2023 – Housing Statutes (Development Financing) Amendment Act
This Act will change how local governments pay for infrastructure and community amenities. There will be changes to how Development Cost Charges (DCCs) are calculated. (Amenity Cost Charges (ACCs) will replace Community Amenity Contributions (CACs).)
How will infrastructure, designed for single-family or duplex zones, handle (many) house-plexes on a street? How will potential upgrades be financed?
Discussions have been ongoing for the past several years about how to develop tools for City Hall and developers to streamline the permitting and approvals process, which would reduce construction delays – delays of construction projects that don’t necessarily fit well with neighbourhoods … in our opinions …
June 30, 2024 is the due date for many of these changes to be implemented. The provincial government is giving grants (our taxes) to cities to help deal with this added workload. How are City staff handling the deadlines? Are there scheduled projects that are being delayed?
November 2023 Housing Statutes (Transit Oriented Areas) Amendment Act refers to areas that are close to transit – within 800 metres of Rapid Transit stations (Skytrain) or within 400 metres of a bus exchange. Cities may not require off-street parking other than parking for disabled persons.
I have sat in chambers and heard TransLink presentations and admired their tenacity as they moved towards better routes and services throughout the region. I would give them a standing ovation.
But residents still don’t know the lingo – ‘frequent transit networks’ and ‘frequent transit development areas’ – so we still experience the same shock when plans are revealed.
And the changes to parking requirements. Spots for those with mobility challenges at transit locations, yes, but many of us old folks also need nearby parking.
And with so many of our region’s residents struggling in their daily lives, to add in the challenge, at the end of a day, to find a parking spot, is a plan that needs reworking.
February 2024 – the Province announced BC Builds, a housing program that seeks to use low-cost land with low-interest financing and grants, to speeds up project timelines and deliver more rental homes that middle-income British Columbians can afford.
Belonging in B.C. is the Province’s plan to prevent and reduce homelessness. It will help thousands of people access housing and supports so that everyone has a community and a place to call home.
Canada Public Land Bank is a new tool for builders to help start the new Public Lands for Homes Plan. Land in the federal portfolio will be identified and suitable sites will be developed under long-term leases to ensure that these sites have affordable housing components and that the land stays public.
What are the ‘magic’ numbers?
There is a lot of anger ‘out there’ about all those ‘single-detached housing zones’. We, who own a ‘single-detached home’ didn’t buy in one of these zones … with malicious intent. We bought a housing unit that would meet our needs.
I agree that there is plenty of room for some ‘gentle densification’ in these historic zones. Nathanael Lauster, in his book “The Death and Life of the Single-Family House: Lessons from Vancouver on Building a Livable City” states “Our forebears set in place a Great House Reserve around Urban Cores of North America, and to this day not much else can get in there.” (pg. 4)
I just disagree with the process. And what can be built on these lots.
Up to 3 units will be permitted on lots smaller than 280m 2 (3,013 ft2 )
Up to 4 units will be permitted on lots greater than 280m2
Up to 6 units will be permitted on lots larger than 280m2 that are within 400 metres of frequent transit stops and minimum parking requirements cannot be imposed. Say hello to the ‘new’ characteristics of your neighbourhood – ‘goodbye grass, hello front yard parking lots’.
No matter the size of the lot. No matter how many housing units will be proposed. No matter the design. Plans will come unannounced to neighbours using the (disrespectful) short notification timeline so favored by planning departments and the usual cycle of clashing combatants will begin again.
Who will be affected?
Everyone!
These changes will start in cities with a population greater than 5,000 people, focusing on their city centres, with the goal to increase density in areas currently zoned for single-family homes or duplexes. Yes, these changes will happen gradually but individual residents and neighbourhoods will still encounter these changes one development application at a time.
Who knows?
Not a neighbour I met this past weekend. She had a real estate agent over to view her house and the yard. I couldn’t resist … so I asked her if she had heard of the new housing legislation that had already been passed or … if this real estate agent had mentioned this new legislation to her … ! Apparently not! Hopefully she will remember to ask about how this new legislation might affect the selling price of her single-detached home that is on a huge lot. Hopefully the real estate agent will make this new legislation part of the discussion.
Who was included in the discussions about the proposed changes?
The Union of British Columbia Municipalities (UBCM) held a ‘Housing Summit 2024: Local Vision. Local Action.’ in February 2024 to help assimilate the new legislation and many Mayors and Councillors, at the ‘Open Mike’ and in conversations, were commenting on the fact that most of them were not included in the discussions. And those that were consulted had to sign a Non-Disclosure Agreement.
Were any residents included in these discussions?
Dare we ask if other groups, with interests in the building of more housing, were included in these discussions?
What kind of process is this?
Well, actually, this process feels like the one residents usually experience in many of their dealings with City Hall and developers. They plan, they announce with a very short notification timeline, we go into shock and then we scramble to ask our questions and seek to understand and perhaps offer suggestions on what would be a better fit for our neighbourhood
How will residents be informed?
Public engagement campaigns are being planned to inform residents of the new legislation. After observing public engagement campaigns by cities over the past 12 years, I do not hold out much hope that their plans will be effective, unless new methods are tried. And, here we are, well over a year since the legislation has passed and I have yet to see or hear or experience this new public engagement campaign.
In 2016 I attended a Metro Vancouver meeting and had a discussion with a Senior Regional Planner on how to inform residents about development in the region earlier in the process. They said that they had been already waiting for 15 years for such a plan. Add another 8 years since then and we can see that this change is really not a priority.
And, if the usual public engagement process is followed … ads in the local paper, or perhaps a postcard to each household (Would that include renters in basement suites?) or posts on the City’s social media sites or surveys on the City website or pop-up events … we will continue to watch residents being shocked and angered by what is happening … to them … unannounced.
No wonder we get a little irate sometimes!
Who’s to blame?
Cities are commenting, and telling residents, during discussions about the new housing legislation, that these changes were ‘mandated by the province’. So what! When they arrive next door to us they will still be an unexpected surprise.
What incentives are being offered in the planning stages?
“Rezoning” the process of changing the current zoning of a property (What type of zone is the property currently in—residential, commercial, industrial, etc.?)
“Pre-zone” – mandated requirement for many properties. Will I be told if my property is being “pre-zoned”?
“Upzoning” relaxing zoning restrictions related to building height and density.
“Density bonusing” is negotiated during rezoning to permit more than a detached or semi-detached housing unit on a lot. This could include allowing townhouses, triplexes, small apartment buildings and various other options.
“Inclusionary zoning” could mean that a certain percentage of units would be for those in housing need. To help the project be feasible it could also mean that other incentives are offered such as ‘cash in-lieu’ or providing housing units elsewhere.
“Incentive-based zoning” might mean that the development project could be built higher or the FAR (floor area ratio) could be relaxed or setbacks could be decreased.
“Minimum parking requirements” could also be negotiated.
“Community Amenity Contributions” (CACs) / “Amenity Cost Charges” (ACCs) policies state how much developers must give the City for each housing unit to fund amenities such as libraries, recreational facilities, fire services, and parks. CACs can also fund affordable housing. So, money may be available but without land to build on, where will affordable housing units and new amenities be built?
Where will new residents live and work and play?
The Province of BC saw over 150,000 new people in 2023. The Metro Vancouver region sees about 40,000 new people seeking housing each year. Aside from providing housing, how will we keep up with the need for current and future amenities for these new residents?
Let’s stop complaining about how at-capacity our amenities are. Years of flawed development planning have resulted in overwhelmed amenities, these amenities that enrich residents’ lives.
It is disrespectful to our local health care workers, educators, and those who work in these amenities that enhance our community, to recognize the stress they endure in their jobs when we don’t plan ahead for what is needed. Current policies must change.
Next steps
This new housing legislation will provide housing for many. And other creative solutions are being considered. But, again, I fear that residents will only become aware of them when they are invited to hear about a proposed development for their neighbourhood. It will be a sad moment if plans are made, if residents are informed so very late in the process, and the proposal is stalled or shelved. Creative solutions must also be developed to include residents in the planning process.
Is there anything residents can do to mitigate what is happening?
The changes are happening so quickly. Most of you won’t even be aware of them. Many of you will become frustrated with the process when you hear about the changes, especially if you are going to be impacted by nearby development.
All that I have read, and heard, about the changes makes it appear that there is nothing we can do. They are wrong. Individuals, groups, throngs, have been rising up, for years, to protest what they consider unjust.
Let’s be respectful … let’s have a little fun … let’s get our concerns heard.
So, from 12 years of attending, and observing, these are my best suggestions.
Become a ‘New NIMBY’
‘YES to affordable housing’ needs to be our battle cry.
‘NO to the disrespectful process that your City is following’ needs to be your challenge to all stakeholders.
(More information on this topic, here).
‘Yes’ to invitations to be included in early discussions about what is being planned for your neighbourhood.
Be respectful
Do not lose the battle with your first words … spoken in anger … and ignorance.
Hold your own ‘Hearing from the Public’ meeting!
The Province of British Columbia is mandating (and will enforce) that City Councils cannot hold Public Hearings in certain development scenarios.
Public Hearings have often been ‘the last stand’ for residents who are concerned about a City issue. They can often become heated/intense/loud/unruly because residents often feel that they weren’t given much, if any warning about the issue and the process and the Public Hearing. City staff protest strongly that they have been engaging with residents for months.
The “Public Hearing’ meeting is often an ineffective tool for all involved but it is all we have at the moment. Ideas are being considered for better public engagement but bureaucracy moves glacially. During my 12 years I have not seen any significant change in the usual short notification process and the usual methods of gathering resident input.
Residents have been finding creative ways to have their voices heard over the centuries. This ‘Hearing from the Public’ meeting could be our way. Find your City’s policies and procedures, find a past City Councillor to moderate, find a gavel (you can borrow mine, if necessary), book a facility, inform everyone, including the media, take lots of photos to post on social media, and let your voices be heard.
Success is only one of your goals. Seeing the process change is another.
Our elected officials.
I have met many elected officials over these past 12 years. They show an extraordinary commitment to their cities and their residents. Unfortunately, I don’t think that many have encountered the policies and procedures of City Hall at a personal level. This can, essentially, preclude them from understanding why another bunch of neighbours are frustrated/angry and speaking up about an issue that concerns them.
We need an ally in our corner. Let’s see them get creative about slowing the process and advocating for the best possible outcome and not just a few tweaks to the proposed designs.
Become watchful … of your neighbourhood … from above
You need to get the new, ‘big picture’ first … (I am sorry. Make sure you are sitting down.) … of how your city is being rezoned and how you were not told and have not been included in any discussions. The new zones radiate out from Rapid Transit stations (Skytrain) and bus exchanges and continue along transit routes.
Find the Staff report, on your City’s website that talks about the new housing legislation and Transit Oriented Development (TOD). Find the new map that illustrates frequent transit routes and surrounding housing that is being rezoned.
My soul is still reverberating from that first look at that map. I was sitting in a Council meeting. Otherwise, I might have let loose with some very impolite words.
If the new housing legislation is affecting you right now, again, I am sorry. This chapter could help you get an overview of what is happening. The website could fill in your understanding. The Strategy could encourage you to fight the good fight.
Share the report with your neighbours. If your street has a social media page, share it there. If you are connected to other groups or you have a neighbourhood or city association, share it there. And then, if you are feeling energetic, read my website, get creative and get moving.
Become watchful … of your neighbourhood … at street level
Take a walk. Take some neighbours with you. Most likely the change will start with the older homes on larger lots. Identify these properties and find and talk to the owners. Help them get the best price for their property and help your neighbourhood get the best design for that property.
Identify any street corners in your neighbourhood (and the surrounding area) that might be targeted for those small apartment buildings. Pick the best option(s) and come up with a vague but thoughtful 10-year plan to ensure that neighbours are kept informed and redevelopment in your area happens gently and in the best locations.
The first test case in the legal system
If you hear about it, and they are asking for money for their legal expenses, send them $10 (or more).
BC Ombudsperson
“Being treated fairly is your right. Have a complaint. Talk to us.”
“As BC’s independent voice for fairness and accountability, we work to make sure public sector organizations are treating people fairly and following the rules. We listen to and investigate complaints about local and provincial public sector organizations as well as investigate reports of serious wrongdoing in the provincial government. Our work improves public services for all British Columbians. Our services are free, confidential and available in multiple languages.”
I suspect that this service will become busier.
The laws of this province have changed and residents who encounter these changes will feel that due process has been left out. We are fortunate to have this organization on our side.
Watch what’s happening to your Official Community Plan (OCP)
I shudder to think of the changes that will creep into the revisions of our City’s OCPs. ‘Quality of life’ could be one of the first edits as taller buildings will overlook and overshadow your life and make parking a nightmare. Ill-conceived designs on single lots will be visually jarring to the character of the neighbourhood and could intrude upon our enjoyment of our own houses. Lot amalgamations could make someone a profit and leave us feeling invaded.
Local government, urban planners, real estate and construction industries
To the best of our abilities, we will be saying ‘No’ to what you are planning for our neighbourhoods … if we are not included early in the discussions. To achieve the best solution will be our goal, why not save yourself some money, and some grief, and come talk to us early in the planning process.
And finally …
I am left wondering what the next actions of the Premier and the Minister of Housing will be.
With over 35,000 people working for the provincial government, eventually, soon, one of them (or their families or friends or networks) will encounter the new housing legislation ‘in their backyard’. That number grows when we add in our elected MLAs and their staff, etc. How will the first stories of how this new housing legislation is impacting someone within their circle challenge their commitment to the new housing legislation?
Will the Premier and the Minister ask them to ‘take a hit for the team’? Will they establish a confidential hot line to comfort those in affliction? Increase the budget for Kleenex? Make t-shirts available, free of charge, for any who will be impacted by the new housing legislation – “We’re sorry … you now live in shade.”
In conclusion
I offer these thoughts as my best digestion of the new housing legislation in BC. Imperfect. Yes. Simplified? Indeed. Details missing? Absolutely. A help to residents encountering the new policies and procedures? I hope.
I would also hope that resident’s voices could be added to these confusing changes in development policy in more meaningful ways.