Covenants are property restrictions registered on the title of a property.

Types of covenants

The most common covenants in Whistler are rental pool covenants and tree preservation covenants.

Rental pool covenants

There are two main types of rental pool covenants in Whistler:

• Phase 1 rental pool covenants
• Phase 2 rental pool covenants

Phase 1 rental pool covenants include:

• They are less restrictive than Phase 2 rental pool covenants.
• They are designed to maximize the property occupancy by owners and visitors.
• When the owner is not using the property, the covenants usually require the accommodation units be available to the public through a rental pool.
• For properties where the covenant does not specify a single, integrated rental pool, owners can usually choose which rental booking and unit management arrangements they use. Or owners can self-management renting out their unit.

Phase 2 rental pool covenants include:

• All units must be available for commercial rental to the public, except for limited times when the owner can use the unit.
• Owners can personally use their unit for 28 days in summer and 28 days in winter.
• Covenants specify how and when owners can personally use their unit and opportunities when they can use it for additional time.
• Every property accommodation unit must be listed in a single, integrated rental pool that makes the units available for rental to the public. This ensures that the management of reservations and use of units by the public and unit owners is well-organized and reliable.
• The single, integrated rental pool is chosen by the strata owners.

While property owners can apply to modify some types of covenants, the RMOW does not typically modify rental pool covenants.

Tree preservation covenants

Tree preservation covenants protect trees and vegetated areas on a property by:

• Establishing tree preservation zones where trees and vegetation cannot be removed for development
• In some cases, there are replanting guidelines if part of the property is disturbed by natural hazards or permitted development.

If your property is in a development permit area and is not exempt from development permit requirements, you must apply for development permit to modify a tree preservation covenant.

Get copies of covenants registered on your property

You can contact lawyers, notaries, land surveyors, or independent registry agents to get copies of the covenants registered on your property.

Find information from the Land Title Survey Authority of British Columbia about how to access land title records for your property.

Covenant modifications

You can apply to modify or discharge some covenants registered on the title of your property.

Covenant modification process

Most applications for covenant modifications or discharge need Council to approve them, but in some cases our staff can approve the applications.  

Our staff can discharge or modify Section 219 covenants that: 

• Restrict gross floor area, but only to the extent that the covenant restricts the use of a crawlspace that did not constitute gross floor area when the covenant was granted.
• Restrict gross floor area, but only to the extent the covenant is inconsistent with the Zoning Bylaw’s definition of gross floor area.
• Sets flood construction levels and flood setbacks if the covenant was registered after the Flood Hazard Statutes Amendment Act, 2003.

How your application is reviewed

1. Our Planning team and other relevant municipal departments will review your application to determine if it is consistent with Resort Municipality of Whistler regulations and policies.  
2. If your application is delegated to our staff to approve, they will advise you if the covenant can be modified or discharged.  
3. If your application needs to be considered by Council, our staff will make a report to guide Council’s decision on whether the covenant should be modified. This happens at a regular Council meeting and Council votes on their decision.
4. If your request to change the covenant is approved, our staff will work with you and lawyers to finalize the covenant modification agreement.
5. Then a lawyer will register the covenant modification agreement on your property’s title.

Once the covenant modification agreement is registered on title, it applies to current and future property owners.

Employee housing contribution for the discharge of mandatory suite obligations

On May 27, 2025, Council endorsed Council Policy G-29: Employee Housing Contribution for the Discharge of Mandatory Suite Obligations (PDF). This policy is intended to set clear and transparent expectations regarding the RMOW’s application intake and review procedures as well as employee housing contribution considerations.

How to apply for a covenant modification

If the covenant is between the property owner and the Resort Municipality of Whistler, you can submit a Covenant Modification Application (PDF).

Note: We do not typically modify rental pool covenants.

Complete the application and submit it to the Planning Department at Municipal hall with the following:

• Copies of the current registered covenant and any modifications from the Land Title and Survey Authority of British Columbia (LTSA)
• Copies of any other title restrictions like restrictive covenants, easements, or rights-of-way from the LTSA
• A letter explaining your reason for requesting a covenant modification or discharge
• Strata approval (if required)
• A title search (within 30 days of the application date) or $35 for our Planning Department to conduct a title search per property identifier (PID)
• Application fee

Our staff may ask for additional information when they review your application.

Submitting an application does not guarantee that we will approve it.

You can get documents from the LTSA by contacting a lawyer, notary, land surveyor or independent registry agent. Visit the LTSA for contact information.

You will need to pay one of the following fees:

Covenant modification – delegated to staff for approval	$4,300
Covenant modification – requiring Council consideration	$5,500

Contact

Planning Department
604-935-8170

planning@whistler.ca