Burnaby Impacts of Provincial Housing Legislation Changes

In November 2023, the provincial government enacted legislation that will significantly change housing throughout British Columbia, including Burnaby. 

These changes affect the approval process for residential projects, allowing density increases beyond what has been traditionally permitted in Burnaby neighbourhoods. These changes are mandated by the Province with the intent of addressing affordability by creating more housing supply. 

As a City we want to ensure that you are aware of these changes and how they will affect the growth and character of Burnaby. 

Find more information on the Province’s website.

Keep up to date on the latest news regarding the housing legislation recently enacted by the provincial government and how it will be implemented in Burnaby by signing up for our Housing in Burnaby eNewsletter

Questions and answers

General

The provincial changes affect the approval process for residential housing projects, allowing density increases beyond what has been traditionally permitted in Burnaby neighbourhoods. The Province has established rules mandating the minimum density that the City must allow on residential properties.

Yes. The Province has authority over municipalities and these changes are now the law. 

Single- and Two-family zoned neighbourhoods

The Province’s Bill 44 brings about changes that would allow “Small-Scale Multi-Unit Housing” on lots currently zoned for single- and two-family housing. In an urban community like Burnaby, the City must allow at least one secondary suite and/or accessory dwelling unit (e.g. laneway home, garden suite). Also, in Burnaby, the Province requires the City to allow:

  • a minimum 3 units on residential lots with an area less than 280m2 (3,014 sq.ft.)
  • a minimum 4 units on residential lots with an area greater than 280m2 (3,014 sq.ft.)
  • a minimum 6 units on residential lots with an area greater than 280m2 (3,014 sq.ft.) within 400m of bus stops with frequent service (15min or less)

Find more information on the Province’s website.

As a result of the new provincial legislation, the City will no longer be able to require off-street parking spaces as part of permitting the minimum number of units within 400m of a frequent service bus stop. Parking may to be determined by the builder, based on the perceived need.  As single and family residential zones densify, availability of on-street parking may be challenging to manage.

Find more information on the Province’s website.

Transit-Oriented Areas (TOAs)

TOAs are defined as areas within 800 metres of a rapid transit station (e.g., SkyTrain station) and 400 metres of a bus exchange and West Coast Express station.

According to the Province, the following densities and heights are intended for residential buildings and mixed-used residential buildings in TOAs within Metro Vancouver:

Transit hub type Distance Minimum height (storeys) Minimum density (FAR) Type of Building
Rapid transit station < 200m 20 5.0 Tower
201m – 400m 12 4.0 Mid-High Rise
401m – 800m 8 3.0 Mid-Rise
Bus exchange < 200m  12 4.0 Mid-High Rise
201m – 400m 8 3.0 Low-Rise/Townhouse

Find more information on the Province’s website.

Subject to provincial regulations, the City will not be able to require minimum residential off-street parking spaces, except for use by disabled persons, for buildings within TOAs. The Province has stated they want parking volumes to be determined by market need and demand. The restriction does not apply to non-residential (i.e., commercial) off-street parking requirements. 

Find more information on the Province’s website.

City infrastructure and amenities

As a result of changes from the Province, significant additional density may be added to neighbourhoods, resulting in a corresponding increase in the infrastructure required to support this density, including upgrades such as water and sewer line capacity, and electrical services.  

By our estimates, to support the possible added density, upgrades to underground services alone could cost approximately $1m for every 100 metres in single-family neighbourhoods.

As a result of changes to provincial housing legislation, Burnaby could experience significant increases to density and population beyond existing plans. This could create the need for additional amenities beyond those already planned, including additional recreation centres, parks and libraries. We will be considering these potential impacts as we update the Official Community Plan.

The provincial legislation creates new tools including additional Development Cost Charges (DCCs) and a new Amenity Cost Charge (ACC) to fund the projects required as the city grows. As part of the City’s update to the Official Community Plan, currently in progress, we will define the amenities and services residents will need in the years ahead to serve residential growth in Burnaby. 

Public Hearings

As part of the legislation, the Province no longer allows Public Hearings for primarily housing projects that are consistent with the Official Community Plan. As primarily residential projects make up approximately 90% of the public hearing agenda, there will be few if any Public Hearings outside of those mandated in legislation. The City is reviewing other means of obtaining community input on development including obtaining broad based feedback on the City’s ongoing Official Community Plan update. 

Find more information on the Province’s website.

While Public Hearings will be less frequent, signage will still be erected on the subject property for each rezoning application and affected parties within 30m of will still be notified of the application by mail. Information on each application will also be posted on the City’s website, and City staff will remain available to answer questions by mail, email, telephone and via in-person meetings.

Assessments

The provincial legislation requires the City to pre-zone single- and two-family neighbourhoods before June 30th 2024 to allow for Small-Scale Multi-Unit Housing.  As higher densities could have impacts on property assessments, and as property values are one of the factors in determining property tax rates, taxes may be affected through this legislation.  BC Assessment, a provincial agency, is responsible for determining assessed value of properties and is therefore the best resource.  The City will monitor any adjustments to assessed values, and will continue to work to keep property taxes as low as possible. 

For more information on how assessment values affect property taxes, watch this video explainer

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