Background
In the fall of 2023, the Province of British Columbia (BC) introduced changes to the Local Government Act (LGA) 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. In the past, multi-unit forms of housing were not permitted in most areas of the communities, but they are also subjected to more layers of process and regulations like rezoning and design requirements. Rezoning requirements add considerable costs to projects and create uncertainty for those interested in building homes within their communities. Through the Small-Scale Multi-Unit Housing (SSMUH) legislation, the BC Provincial Government aims to overcome these challenges by enabling multiple units of housing (2 to 6 units depending on the location and context) to be permitted on single-family and duplex lots without the need for costly and time-consuming rezoning processes. As a result of this, local governments across the province are now required to permit a minimum of two to six units of housing on lots formerly recognized as single-family or duplex lots, which are referred to as Restricted Zones in the SSMUH legislation.
What can you do with SSMUH?
Small-Scale Multi-Unit Housing (SSMUH) refers to a range of buildings and dwelling unit configurations that can provide more affordable and attainable housing for middle income families.
Examples of SSMUH include, but are not limited to:
- Secondary suites in single-family dwellings;
- Detached accessory dwelling units (ADUs), like garden suites or laneway homes;
- Duplexes (side-by-side or up/down);
- Triplexes and house-plexes; and
- Townhomes.
The modest increase in density resulting from these forms of housing can also produce significant benefits for neighbourhood vibrancy, inclusiveness, and sustainability.
Local Government and SSMUH
Local governments are required to update their zoning bylaws to permit the prescribed minimum SSMUH densities on single-family and duplex lots. British Columbia’s Small-Scale Multi-Unit Housing (SSMUH) legislation, enacted as Bill 44, is in effect, requiring local governments to update their zoning bylaws to accommodate more small-scale, multi-unit housing. As of Jul 25, 2024, 162 out of 188 local governments in B.C.have adopted the small-scale multi-unit legislation by passing local bylaws. Another nine communities actively working to adopt the legislation. These 162 local governments now allow either a minimum of one secondary suite or detached accessory dwelling unit; a minimum of three to four dwelling units; or a minimum of six dwelling units in areas near bus stops with frequent transit service, depending on location.
162 Communities in BC that had passed bylaws related to Small-Scale Mulit-Unit Housing on Jul 25 2024.
There are 15 local governments requested for an extension to adopt the SSMUH legislation beyond the Jun 30 2024 deadline. These 15 communities are:
District of West Vancouver – Council voted against adopting SSMUH zoning bylaw amendments on May 27, 2024. ( 30-day non-compliance notice. At the end of that 30 days, a ministerial order could be issued)
Which other cities are also adopting something similar to SSMUH?
Outside of British Columbia, there are other cities in Canada, like Toronto, as well as many states in the United States also allow multi-unit housing to be built on a single family lot.
Toronto City Council adopted the Official Plan Amendment and Zoning By-law Amendment to permit multiplexes citywide on May 10, 2023. Prior to the adoption of the Multiplex amendments, in many parts of Toronto the existing zoning permitted large homes, but often limited to one or two units. The adoption of the Multiplex amendments is now allowed up to four units in generally the same building size as what was currently permitted.
In California, US, California Senate Bill 9, or CA SB9, also known as the California Housing Opportunity and More Efficiency (HOME) Act, was signed on September 16, 2021. It went into effect on January 1, 2022. CA SB9 allows owners to split their single family home lots in two, and build two homes on each new lot.
In Oregon, US – Oregon’s state legislature passed the bipartisan House Bill 2001. It is the first statewide bill to prohibit single-family zoning for localities. Specifically:
- Towns and cities with over 10,000 residents were required to allow duplexes on land zoned for single-family homes by June 2021.
- Towns and cities with over 25,000 residents were required to allow up to four-unit buildings as well as cottage clusters—four or more detached units with a shared courtyard—in residential zones by June 2022.
In 2021, the legislature passed Senate Bill 458, requiring any jurisdiction subject to the HB 2001 changes to allow lot divisions. This means that homeowners and developers in Oregon can convert existing single-family housing into duplexes, triplexes, and fourplexes.