BC Realtor Strata Rental Restriction Guide: Bill 44, Age Exemptions & What Changed
In November 2022, BC enacted Bill 44 — eliminating most strata rental restriction bylaws overnight. For BC realtors representing strata buyers and sellers, this change transformed what must be disclosed, what questions to ask, and how to advise clients accurately. This guide covers everything that changed and what still applies.
What Bill 44 Changed: The Short Version
The Strata Property Amendment Act, 2022 (Bill 44), in force November 24, 2022, amended the Strata Property Act to prohibit strata corporations from enforcing bylaws that restrict the rental of residential strata lots. This was a sweeping change that invalidated rental caps (e.g., only 10% of units may be rented), outright rental bans, and minimum lease term requirements — all in one legislative stroke.
The intent was to increase housing supply by unlocking thousands of strata units for rent that had previously been blocked by bylaw restrictions. The practical effect: if your buyer wants to purchase a condo to rent out, they can in almost every BC strata (with the exceptions noted below).
Before and After Bill 44: What Changed for Each Restriction Type
| Restriction Type | Before Nov 24, 2022 | After Nov 24, 2022 |
|---|---|---|
| Rental cap bylaw (e.g., max 10 rentals) | Enforceable if passed | Void — cannot be enforced |
| Complete rental ban bylaw | Enforceable if passed | Void — cannot be enforced |
| Minimum rental term requirement (e.g., 6-month minimum) | Enforceable if passed | Void — cannot be enforced |
| Requirement for strata council approval of tenants | Some stratas enforced | Not permitted — cannot require approval |
| Short-term rental (STR) restriction bylaw (<30 days) | Could be restricted or permitted | Still permitted — STR restrictions remain valid |
| Age restriction (55+ or 19+) rental bylaw | Enforceable | Grandfathered if in place by exemption date — still applies in qualifying buildings |
| Disclosure of rental status to strata | Required | Still required — owner must notify strata within 2 weeks of new tenancy |
Age-Restricted Strata Exemptions: The Most Complex Area
Age-restricted stratas (55+ and 19+) retained the right to restrict rentals under Bill 44 — but only under specific conditions. This is the area where most realtors encounter confusion:
55+ Age-Restricted Stratas
A strata corporation that has a bylaw requiring 80% or more of units to be occupied by at least one person 55 or older (under Section 123 of the Strata Property Act) may retain rental restriction bylaws — but only if those bylaws were in place at the time of the Bill 44 exemption cutoff. These buildings can still restrict rentals. However, tenants must also meet the age requirement — complicating the rental process for owners.
19+ Age-Restricted Stratas
Stratas that restrict occupancy to persons 19 and over (under Section 123) may also retain rental restriction bylaws under the exemption. These are less common and require verification of both the age restriction bylaw and the rental restriction bylaw being in place at the qualifying date.
Critical Warning for Realtors
Do not assume a 55+ building still has enforceable rental restrictions. Many 55+ buildings did not have rental restriction bylaws before Bill 44 — and they cannot pass them now. Always request the current bylaws and rules from the strata management company, verify when rental restrictions were passed, and confirm with the strata whether their age-restriction exemption applies. Telling a buyer “this building restricts rentals” based on outdated information is a misrepresentation.
What Strata Corporations Can Still Regulate
Bill 44 removed rental restrictions, but stratas retained broad powers to regulate how their buildings operate. Here is what remains in force:
Short-term rental restrictions
Stratas can prohibit rentals under 30 days (Airbnb, VRBO, etc.). Most residential stratas in Metro Vancouver have passed or are passing STR restriction bylaws. Verify separately from the long-term rental rules.
Tenant notification requirements
Owners must notify the strata within 2 weeks of entering a new tenancy agreement. The strata can require a Form K (Notice of Tenant's Responsibilities) to be signed by the tenant. These administrative requirements remain in force.
Bylaws applying to tenants
All strata bylaws and rules that apply to residents apply equally to tenants. Strata corporations can fine or pursue tenants directly for bylaw violations under Bill 44. Owners remain ultimately responsible for tenant compliance.
Pet restrictions
Strata bylaws restricting pets (number, breed, size) are unaffected by Bill 44 and remain enforceable. A buyer who wants to rent to a tenant with a dog must verify the pet bylaw — tenant pet restrictions follow the strata rules.
Smoking and substance restrictions
Strata bylaws prohibiting smoking, vaping, or cannabis in common areas and units remain in force. Landlords cannot allow tenants to smoke in violation of strata bylaws.
Move-in and move-out procedures
Elevator booking requirements, move-in fees (capped at $500 under SPA), and scheduling restrictions all remain in force for tenants. The strata can enforce these procedures against owners and tenants.
Noise and nuisance bylaws
Tenants are fully bound by noise bylaws, hours of operation of common areas, and nuisance restrictions. Stratas can pursue fines against the tenant directly or hold the owner accountable for tenant violations.
Parking and storage allocation
Strata can restrict how parking stalls and storage lockers are used, assigned, and whether they can be separately rented. These rules apply to tenants as they do to owners.
The Short-Term Rental Accommodations Act (2023): Another Layer
Separate from Bill 44, the Short-Term Rental Accommodations Act came into force in May 2024. This provincial legislation added another layer of restriction on short-term rentals:
Principal residence requirement.Short-term rentals are only permitted in the host's principal residence (plus one secondary suite or laneway home on the same property) in communities with a population over 10,000. Non-principal-residence units cannot be short-term rented in these communities.
Local government authority.Municipalities can opt out and permit STRs beyond the principal residence in resort municipalities and other approved zones. Always check the specific municipality's STR bylaws in addition to the strata's rules.
Platform liability. Short-term rental platforms (Airbnb, VRBO) must ensure listings have valid business licences. Buyers purchasing strata units to operate as short-term rentals face both the provincial rules, the municipal STR licence requirements, and the strata bylaw — all three must be satisfied.
Buyer advisory:If a buyer's purchase motivation is short-term rental income, this must be explicitly discussed. In most Metro Vancouver strata buildings in non-resort areas, STR is not viable under the current provincial rules and typical strata STR bylaws. Don't let buyers make purchase decisions based on STR income projections that are not legally permitted.
Disclosure Obligations When Selling a Strata Unit
BC realtors must disclose strata rental restriction status accurately and completely. Here is what you must investigate and disclose for every strata sale:
| Document / Item | What to Check | Why It Matters |
|---|---|---|
| Current bylaws and rules | Any remaining rental restrictions or STR prohibitions | Buyers rely on these to determine rental potential |
| Form B (Information Certificate) | Current number of rentals approved; any rental waiting list still in use | Some stratas still have old waiting lists — these are unenforceable but may confuse buyers |
| Age restriction status | 55+ or 19+ exemption confirmed with strata in writing | Only age-restricted buildings may have retained rental restrictions |
| STR bylaw status | Specific bylaw language on short-term rentals (under 30 days) | If buyer intends Airbnb income, this is critical due diligence |
| Pet bylaws | Number, weight, and breed restrictions | Tenants' pets must comply; limits the rental market for owner |
| Notification requirements | Form K requirement, 2-week notification rule | Owners who fail to notify face fines; buyers need to know their admin obligations |
Advising Investor Buyers After Bill 44
The removal of rental restrictions has made strata units significantly more attractive to investors. Here is how to give accurate, current advice:
What investors gained from Bill 44
Virtually every BC strata built after the mid-1990s with pre-existing rental restrictions had those restrictions invalidated in November 2022. This means a unit purchased in a building that previously had a strict no-rental policy can now be rented freely under a long-term residential tenancy. For income property analysis, investors can now include strata units that were previously excluded from their target set.
What investors cannot assume
- • That the building permits short-term rentals — STR restrictions remain valid
- • That the building is open to all tenants — 55+ buildings may have age-qualified tenancy requirements
- • That strata fees won't increase — investor-heavy buildings sometimes see higher special levies
- • That the RTB rules don't apply — BC's Residential Tenancy Act applies fully, including the complex eviction rules
The RTB layer: what investors must understand
Renting a strata unit means complying with the Residential Tenancy Act. This includes strict limits on rent increases (rent increase guideline), complex rules on evicting tenants (landlord use, renovations, sale), required RTB forms for all tenancy agreements, and dispute resolution through the Residential Tenancy Branch. A strata-investor who is not familiar with RTB rules faces significant compliance risk beyond the strata itself.
Advisory Scripts for Strata Rental Situations
Buyer asks: “Can I rent this condo out?”
“Under BC Bill 44, most strata rental restriction bylaws were invalidated in November 2022. That means if this building previously had a no-rental or rental cap bylaw, it's no longer enforceable — you can rent the unit out under a long-term residential tenancy. However, I'll pull the current bylaws and Form B to confirm there are no remaining STR restrictions or age-related rental restrictions that apply. If you're planning on Airbnb income, that's a different analysis — short-term rental bylaws are still in force, and the provincial rules may also restrict it.”
Seller listing a 55+ condo with old rental restriction
“I'll verify with the strata management whether this building retained its rental restriction bylaw under the age-restricted exemption in Bill 44. If it did, I'll disclose that clearly in the listing — any tenant must also meet the 55+ occupancy requirement, which narrows the rental market for a future investor buyer. That's a material fact that has to be in the listing and discussed with every buyer. If the building's exemption doesn't actually apply, I'll correct the record — misrepresenting the rental restriction status is a serious BCFSA issue.”
When a strata council tells you rentals are still restricted (incorrectly)
“I understand the strata has been telling owners that rentals are restricted. However, under BC Bill 44 in force since November 2022, rental restriction bylaws are no longer enforceable in standard residential stratas. I'd strongly encourage the strata council to get legal advice from their strata lawyer — and I'll need to disclose to any buyer that the existing rental restriction bylaw is not currently enforceable, even if the strata hasn't formally repealed it. Representing an unenforceable bylaw as a valid restriction would be a misrepresentation.”
Buyer purchasing a strata to Airbnb
“I need to be direct with you: short-term rental income from a non-principal residence in Metro Vancouver is not permitted under the BC Short-Term Rental Accommodations Act that came into force in May 2024 — and this building also has a bylaw specifically prohibiting STRs. If STR income is your primary investment thesis, this property doesn't fit. What I can tell you is that long-term residential tenancy is permitted here under Bill 44 — so if you want to run the numbers on a regular rental, I'm happy to do that analysis with you.”
Strata Rental Restriction Due Diligence Checklist
Frequently Asked Questions
Can BC strata corporations still restrict rentals after Bill 44?
No. As of November 24, 2022, BC strata corporations can no longer pass bylaws that restrict or prohibit rentals of residential strata lots. Any existing rental restriction bylaw — including rental caps (e.g., maximum 10 rentals) — became unenforceable on that date. The only exemptions are age-restricted stratas (55+ and 19+) that have already passed such bylaws by specific dates.
Do 55+ strata buildings still have rental restrictions in BC?
Age-restricted stratas (55+ or 19+) that had rental restriction bylaws in place before November 24, 2022 may retain those bylaws under a specific exemption. However, stratas that did not have these bylaws by the specified date cannot pass new rental restriction bylaws. Always verify with the strata council whether the exemption applies to a specific building.
Can BC strata buildings still restrict short-term rentals (Airbnb) after Bill 44?
Yes. Bill 44 removed restrictions on long-term rentals (residential tenancies). Short-term rentals (under 30 days) remain a separate category. Strata corporations can still pass and enforce bylaws restricting short-term rentals — and many have done so. Additionally, BC's Short-Term Rental Accommodations Act (2023) further restricts where short-term rentals are permitted.
What must BC realtors disclose about strata rental restrictions to buyers?
BC realtors must disclose all strata bylaws — including any rental restrictions — to buyers. For strata units, this typically involves providing the Form B (Information Certificate), the current bylaws and rules, and the strata's rental restriction status. If a building has age restrictions or retained short-term rental bylaws, this must be disclosed before any offer is written.
What happens if a strata is still trying to enforce an old rental restriction bylaw?
Any strata rental restriction bylaw passed before Bill 44 (and not covered by the age-restricted exemption) became unenforceable on November 24, 2022. If a strata council attempts to enforce such a bylaw, the unit owner has the right to challenge the fine or restriction through the Civil Resolution Tribunal (CRT). Realtors should not represent old rental restriction bylaws as currently enforceable.
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