West Vancouver legalizes secondary suites
What is a secondary suite?
West Vancouver defines a secondary suite as a separate residential unit accessory to a single family or two-family dwelling. The suite must have two or more rooms and include at least one living room, one kitchen and one bathroom.
A property with a secondary suite must meet the following requirements:
1. Only one secondary suite is permitted per lot.
2. The secondary suite cannot be detached from the principal
building.
3. The secondary suite must occupy a minimum floor area of 215
sq. ft and a maximum of 968 sq. ft. or 40 % of the total floor
area of the building excluding garage space, whichever is less.
4. The registered owner(s) of the property must occupy either
the principal dwelling unit or the secondary suite.
5. A building containing a secondary suite cannot have lodgers, a
personal care facility, a child care use, or a bed and breakfast.
6. A secondary suite must have a separate exterior entrance
from the principal dwelling unit.
7. The secondary suite must have an additional off-street parking
spot exclusively for the use of the secondary suite and at
least two off-street parking spaces for the exclusive use of
the principal dwelling unit.
8. The secondary suite parking must be located so that any
vehicle parked in any required vehicle parking space on the
lot may exit without needing to manoeuvre other vehicles
and must be provided in addition to parking spaces required
for visitor parking.
9. The secondary suite must not be subdivided from the principal
dwelling unit under the Land Title Act or the Strata
Property Act.
10. Water and electrical service for the secondary suite must not
be separately metered.
By September 30, 2010 property owners must:
1. Apply for a business licence and pay a fee of $250. As of
October 1, 2010 this fee increases to $400. (Note: March 1, West
Vancouver stopped accepting applications for in-law suites.)
2. Submit a general plan for the site including the existing floor plan
of the unit showing the suite and the location of parking spaces.
3. Have the suite inspected.
4. Meet any requirements as a result of the inspection, including
a follow-up inspection.
5. Sign an affidavit that the home owner will occupy either the
principal dwelling or the secondary suite.
In-law suites
Previously, in-law suites were legal for family members only. New applications for in-law suites are no longer accepted and only existing in-law suites with valid permits can continue as legal, non-conforming uses.
Penalties
If a West Vancouver home owner does not comply, they could be found to be in violation of the Zoning Bylaw and could face fines of up to $300 a day.
For more information contact our team at 604.983.2518.