Zoning Issues on BC Residential Property and Tax Declaration Deadlines
Use of the residential real estate property you buy or sell, or property you plan to develop may be complicated by zoning issues. Zoning disputes that arise, may require the help of a litigation lawyer with real estate experience such as Arsen Krekovic of Hoogbruin & Company. Reduce complications by being aware of and in good standing with your property’s paperwork. Remember to handle with is easiest dealt with regarding your property. So, before we delve into zoning, please remember the declaration deadline for BC’s Speculation Tax and Vacancy Tax is March 31 in 2023. It is required in the designated districts noted at the end of this post.
How do zoning and land use regulations in BC affect use of your property?
Zoning and land use regulations are laws that govern how land can be used and developed in any particular area. Government bodies create and enforce these regulations. They are typically local entities such as city councils or planning commissions.
Zoning regulations can restrict the use of a property by specifying what types of activities are allowed in different zones, such as residential, commercial, or industrial for example. Limits of height, size, and placement of buildings on a property might also apply.
Litigation may arise over violations of these regulations or challenges to their legality
Development opportunities may be limited by land use regulations by requiring certain permits or approvals before construction can begin. This can delay or deter use of real estate property you wish to buy or to sell. A developer may, for example, need to obtain a permit to build a new commercial building. A subdivision may need to be approved by the local planning commission.
Property owners may face legal action brought by the local government if they violate zoning or land use regulations. This can include fines, injunctions to stop construction, or even the forced removal of structures that violate the regulations.
Real estate property owners may also choose to challenge the legality of zoning and land use regulations through litigation. They may argue that the regulations are unconstitutional or that they unfairly restrict their property rights.
An experienced litigation lawyer to represent property owners is advisable as these cases can be complex and may involve a range of legal issues, such as due process, equal protection, and takings.
If land ownership is the issue, see our post on that common land disputes, here.
If you have a dispute brewing over zoning and land use regulations or are facing a challenge over whether a property can be used for commercial or residential purposes, or whether it complies with zoning laws, contact legal counsel.
Variances, permits, or compliance with local bylaws constitute just some of the reasons zoning and land use disputes may grow to restrictions on the use of real estate property you wish to buy or to sell.
Wondering about the designated zones where the Speculation Tax applies? These are the regions:
- The City of Abbotsford.
- The City of Chilliwack.
- The City of Kelowna and the City of West Kelowna.
- The City of Nanaimo.
- The District of Lantzville.
- The District of Mission.
- The University of BC and University Endowment Lands.
- The Metro Vancouver Regional District (other than the Village of Lions Bay and Bowen Island).
- The Capital Regional District (which includes Victoria, Saanich, Langford, Oak Bay, Esquimalt, Colwood, Central Saanich, Sooke, Sidney, North Saanich, View Royal, Metchosin, and Highlands but excludes the Juan de Fuca Electoral Area, Salt Spring Island and the Southern Gulf Islands).