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Unauthorized Accommodation

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Unauthorized Accommodation Rental Suite

The topic of buying a Whistler property with unauthorized accommodation is expansive. Unauthorized means that the space was not identified in the original building plans. These plans were submitted to the municipality so that a building permit could be obtained. Obtaining the permit is a legal process.

This post will focus on unauthorized accommodation in the form of a rental suite. A rental suite within a residential property (house) is common in Whistler. The definition of such a suite might be: “A suite is a separate living area contained within a dwelling unit functioning as a self-contained suite, typically complete with its own kitchen, bathroom, and bedroom.” When the suite is unauthorized, the suite is colloquially known as an in-law suite, mortgage helper, nanny suite, non-conforming suite, and other similar descriptive names. Meaning that the suite is not on the original building plans.

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GST Buyer Information

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Is G.S.T. payable on Whistler Real Estate?

Another topic that generates a lot of buyer FAQ Whistler real estate questions is the one on the Goods and Services Tax (GST). Please note, this is a huge topic and one which cannot and should not be explained fully on any realtor’s website. Realtors have basic knowledge, but they are duty-bound to recommend you take professional advice from an accountant or lawyer. Realtors are not GST experts. In the meantime, the following information has been taken from local lawyers, Race and Company’s website.

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Phase 1, Phase 2 and Tourist Accommodation

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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. 

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Property Transfer Tax (PTT)

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What is Property Transfer Tax?

Property Transfer Tax (PTT) is the Government of British Columbia’s tax on the purchase of real estate. The tax is charged at the time of closing and the transfer of title from the seller to the buyer. Financial institutions will not include PTT as part of your mortgage.

You are charged property transfer tax when you make changes to a property’s title, including but not limited to:

  1. acquiring a registered interest in the property
  2. gaining an additional registered interest in the property
  3. becoming the registered holder of a lease, life estate, or right to purchase for the property

The property transfer tax rate is:

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Representation

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What is the Disclosure of Representation in Trading Services?

This post is about Representation and the benefit of signing the Disclosure of Representation in Trading Services (DORTS) form. In summary, by signing the DORTS form, you are binding the real estate agent to honor four legal obligations:

  1. Loyalty
  2. Avoid conflicts of interest
  3. Fully disclose any relevant information
  4. Protect your confidentiality (indefinitely)
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