Variance

A variance is a discretionary relaxation of a specific zoning or bylaw requirement — such as a setback, height limit, or lot coverage — for a particular property in British Columbia. Variances are governed primarily by the Local Government Act, which authorizes local governments to issue development variance permits and establish boards of variance. The process allows individual properties to deviate from a bylaw standard without changing the underlying zoning for the entire area.

Under the Local Government Act, a development variance permit is issued by the local government (typically through council or a delegated officer) and is generally used for larger or more complex relaxations tied to a development proposal. A board of variance, also established under the Local Government Act, is an independent quasi-judicial body that hears applications for minor variances, particularly where strict application of a bylaw would cause undue hardship to a property owner. The two processes have different procedural requirements and scopes of authority.

No — a variance does not amend or permanently change the zoning bylaw itself; it is a site-specific relaxation that applies to the particular property and is typically tied to the permit or approval granted. The underlying zoning bylaw remains in force for all other properties in the zone. Future owners of the property may benefit from an existing development variance permit if it has been registered or noted on title, but the zoning designation itself remains unchanged.

Under the Local Government Act, a development variance permit can vary provisions of a zoning bylaw (such as setbacks, height limits, lot coverage, or parking requirements) as well as certain provisions of a subdivision servicing bylaw. However, a development variance permit cannot vary the use or density permitted under a zoning bylaw — those changes require a formal rezoning through the bylaw amendment process. The specific requirements that can be varied depend on the applicable local government bylaw and the Local Government Act.

Under the Real Estate Services Act (RESA) and BCFSA guidance, a licensee has a duty to disclose material latent defects and material facts known to them about a property. An existing development variance permit or board of variance decision affecting the property's permitted construction or use could be a material fact that must be disclosed to prospective buyers. Licensees should review title documents, the land title register, and municipal records to identify any registered or noted variances and disclose them accordingly.

Yes — individual strata lots are situated on land subject to municipal or regional district zoning bylaws, so a development variance permit under the Local Government Act can apply to a strata lot or strata corporation's land just as it would to any other property. However, any physical changes to a strata lot or common property that are enabled by a variance must also comply with the Strata Property Act (SBC 1998, c. 43), including any required strata corporation bylaw approvals or resolutions before alterations are made. Owners should confirm both the local government variance approval and any strata corporation requirements before proceeding.

A variance itself does not directly affect the calculation or payment of Property Transfer Tax under the BC Property Transfer Tax Act, as PTT is calculated on the fair market value of the property at the time of transfer. However, if a variance has enabled improvements or increased the property's market value, that enhanced value would be reflected in the fair market value used to calculate PTT. The standard PTT rates of 1% on the first portion, 2% on the next portion, and 3% on the portion above certain thresholds continue to apply based on current BC Ministry of Finance rules.

Local governments can grant development variance permits on ALR land under the Local Government Act to relax zoning bylaw standards such as setbacks, but such a variance does not override the Agricultural Land Commission Act (SBC 2002, c. 36) or ALC regulations governing permitted uses and subdivision in the ALR. Any proposed use or subdivision on ALR land that is not permitted under ALC regulations still requires ALC approval, regardless of whether a local variance has been granted. Property owners and licensees dealing with ALR land should consult the Agricultural Land Commission directly for guidance on what is permitted.

Under the Local Government Act, a development variance permit may be registered in the Land Title Office against the title of the land to which it applies, giving notice to future purchasers and their agents. Whether a particular permit is registered depends on the local government's practice and the terms of the permit itself. Buyers and their licensees should conduct a title search and review any notations or documents registered against the property's title as part of due diligence.

If a local government denies a development variance permit application, the Local Government Act does not provide a direct statutory appeal to the board of variance for that type of decision; judicial review through the BC Supreme Court may be available if there are grounds to challenge the decision-making process. For minor variances where the board of variance has jurisdiction, an applicant may appeal a board decision through judicial review as well. Property owners facing a denial should consult a lawyer experienced in BC municipal and administrative law to assess available options.