Form I — Rental Disclosure Statement

Form I is a disclosure document required under the Real Estate Services Act (RESA), SBC 2004, c. 42, and the BCFSA Rules when a strata lot that has previously been rented is being sold. The seller must disclose the rental history of the unit, including whether it is currently rented and details of past tenancies. This form is important because some strata corporations have rental restriction bylaws, and units rented before such bylaws were passed may retain grandfathered rental rights under the Strata Property Act (SPA), SBC 1998, c. 43. Verify the specific rental restrictions and grandfathering details for any property with a BC lawyer or notary before purchase.

Under the Real Estate Services Act (RESA) framework and BCFSA Rules, a seller must provide Form I when the strata lot being sold has been previously rented. The form is typically provided early in the transaction, often alongside the Property Disclosure Statement and strata documents, to allow the buyer to assess rental rights and restrictions. If you are uncertain whether Form I is required for a specific property, verify with your BC REALTOR®, lawyer, or notary before proceeding.

Under the Strata Property Act (SPA), SBC 1998, c. 43, a strata corporation may pass bylaws restricting rentals, but units already rented at the time the bylaw was passed typically retain grandfathered rental rights. If a unit has a rental history showing it was rented before a rental restriction bylaw came into effect, the buyer may continue to rent it even if the strata otherwise prohibits rentals. Form I provides the documentation of that rental history. Verify the strata's bylaws, Form I details, and rental rights with a BC lawyer or notary before purchase.

Form I must include details such as whether the strata lot is currently rented, the dates of current and prior tenancies, and any relevant rental history that establishes grandfathered rental rights under the Strata Property Act (SPA), SBC 1998, c. 43. The form should also indicate if the unit has never been rented. The exact format and required fields are set out in the BCFSA Rules under the Real Estate Services Act (RESA). Verify the completeness and accuracy of Form I with your BC lawyer, notary, or REALTOR® before finalizing a purchase.

Form I provides the seller's disclosure of rental history, but it does not guarantee future rental rights. The buyer must also review the strata corporation's current bylaws (filed under the Strata Property Act, SBC 1998, c. 43) and confirm whether rental restrictions exist and whether the unit qualifies for any grandfathered exemption. A buyer should verify rental eligibility with a BC lawyer or notary and review the strata's bylaws and minutes before purchasing if rental income is a key factor.

Under the Strata Property Act (SPA), SBC 1998, c. 43, when a strata corporation passes a bylaw restricting rentals, units that were already rented at the time the bylaw came into effect generally retain the right to continue being rented—this is known as grandfathering. The specific rules depend on the strata's bylaws and the rental history documented in Form I. Verify grandfathered rental rights with a BC lawyer or notary, and review the strata's bylaws, Form I, and any relevant resolutions or legal opinions before purchase.

The seller of the strata lot is responsible for completing and providing Form I under the Real Estate Services Act (RESA) framework and BCFSA Rules. The seller must accurately disclose the rental history, including current and past tenancies. The listing REALTOR® typically assists the seller in ensuring the form is completed and delivered to the buyer, but ultimate responsibility for accuracy rests with the seller. Verify the accuracy of Form I disclosures with a BC lawyer or notary if you have concerns.

Failure to provide required disclosure documents, including Form I, may constitute a breach of the seller's disclosure obligations under the Real Estate Services Act (RESA), SBC 2004, c. 42, and could give rise to remedies for the buyer, including potential rescission of the contract or damages. The seller and their REALTOR® may also face regulatory consequences under BCFSA Rules. If Form I was not provided and you are a buyer, consult a BC lawyer or notary immediately to understand your rights and remedies.

Form I — Rental Disclosure Statement applies specifically to strata lots (condominiums and townhouses governed by the Strata Property Act, SBC 1998, c. 43) that have been previously rented. It does not apply to freehold single-family homes, duplexes, or other non-strata properties, even if those properties have rental suites or tenants. For non-strata properties, different disclosure rules and forms may apply under the Real Estate Services Act (RESA). Verify the correct disclosure requirements for your property type with a BC REALTOR®, lawyer, or notary.

If the strata unit is currently rented, the existing tenancy is governed by the Residential Tenancy Act (RTA), SBC 2002, c. 78, and the buyer typically takes title subject to that tenancy. Form I discloses the rental status and history, but the buyer must also review the tenancy agreement, comply with RTA notice requirements, and understand their obligations as the new landlord. Verify all tenancy terms, RTA compliance, and rental rights with a BC lawyer or notary before completing the purchase of a tenanted strata unit.