Tourist Accommodation Zoning with Phase 1 and 2 Rental Covenants
In simplified terms for Whistler real estate, there is Residential Zoning and Tourist Accommodation Zoning, and a combination of both. Meaning that some residential properties that you can use as a residence can also have a rental covenant which you can activate or not. Properties with only Residential Zoning may not be marketed as available to tourists, for any length of time.
Under the Tourist Accommodation Zoning, there is a Phase 1 Rental Covenant or a Phase 2 Rental Covenant. To obtain a business license and market a property as Tourist Accommodation, the property’s zoning must list tourist accommodation or temporary accommodation as a permitted use.
Phase 1 Rental Covenant
The Phase 1 rental covenant is in place to maximize the occupancy of properties for use by owners and visitors. In other words, Phase 1 allows for nightly rentals. In addition, the owner is allowed to use the property for themselves for a limited amount of time. The Underused Housing Tax (UHT) now dictates that non-residents must use their property for 28 days to avoid UHT payment. For more information read the Non-Resident: Underused Housing Tax page on this site. Most, but not all Phase 1 properties allow the owner to choose to self- manage or choose their own rental management company. Some properties have a Phase 1 covenant that requires the condo or townhouse to automatically be in a rental pool when not in use by the owners.
Phase 2 Rental Covenant
Think of a hotel with a big brand name when you think of Phase 2 rental covenant, it will help you understand this type of Touris Accommodation Zoning. Now, I suggest to you that no hotel brand is going to put you, the owner ahead of their own needs. A Phase 2 rental pool covenant requires that all units must be available for commercial rental to the public at all times, except for limited owner use. Owners have a basic allotment for the personal use of their unit, limited to 28 days for a defined summer period and 28 days for a defined winter period. Non-Residents, please read the The Phase 1 rental covenant is in place to maximize the occupancy of properties for use by owners and visitors. In other words, Phase 1 allows for nightly rental revenue generation. In addition, the owner is allowed to use the property for themselves. The Underused Housing Tax (UHT) now dictates that non-residents must use their property for 28 days to avoid UHT payment. For more information read the Non-Resident: Underused Housing Tax page on this site.
Terms specifying how and when owners may use their basic allotment are detailed in the covenants. Phase 2 units must also be placed in a rental pool as selected by strata owners, through which all the units will be made available for rental to the public. This system provides the orderly and assured management of reservations.
How does Tourist Accommodation fit into the zoning?
In Whistler, Tourist Accommodation (TA) means the business of marketing or providing accommodation or lodging to paying guests and includes vacation rentals. Furthermore, it is based on zoning of the land, for example, the houses in Kadenwood. The Kadenwood houses are residential properties with Tourist Accommodation Zoning. Therefore the owner can choose to have the house only as a residence, or as a rental property, or as a combination of both residential and rental. Note, there are usage restrictions that accompany this type of multi-use property and it will differ for residents of Canada and non-residents of Canada. /More information on this site
Is there a Whistler map that shows zoning?
There is an interactive GIS map on the Resort Municipality of Whistler (RMOW) site which when you type in the address will show you the zoning, plus other good features. It shows an image with the footprint of the house or building. This is well worth looking at.
Where can I see all the zoning bylaws?
This is a harder page to find on the RMOW website, as it is called Zoning and Parking Bylaw 303 which usually throws people off. This is how the RMOW site describes the bylaw: Zoning and Parking Bylaw 303 is a bylaw that regulates the use of land, buildings, structures, and parking within Whistler. Furthermore, it governs what may or may not be built on a property, and should be consulted during the design phase of a project to ensure that the proposed works adhere to the bylaw.
Click through to the Resort Municipality of Whistler (RMOW) for more detailed information.
Nightly Rental License
When you rent out your property that is zoned for nightly rentals you will need to apply for a nightly rental license through the RMOW. Best read my blog on Nightly Rental License if you are considering self-managed rentals or rentals through an experienced rental management company.
Unauthorized Accommodation
When you buy a property the responsibility of your realtor is to ensure that you understand what it is you are buying. In addition, how it will affect any application you may make to the RMOW for a license, or permit. Have a read of my blog, Unauthorized Accommodation to understand why working with an experienced local realtor is essential.
If you think I would be a good fit to work with you and your family, and you are not already working with a Whistler realtor, please contact me. I look forward to hearing from you.
It’s a Good Life in Whistler!
Marion
Marion Anderson Personal Real Estate Corporation
marion@WhistlerSkiinSkiout.com (604) 938-3885