How B.C.’s new short-term rental rules affect Whistler

Whistler has required Tourist Accommodation licences since 2017. A business licence is required for property owners to market, manage and provide paid accommodation to tourists. This applies to all vacation rentals, including self-managed tourist accommodation properties with or without Phase 1 covenants.

Any property being marketed as tourist accommodation without a business licence is considered an illegal nightly rental and is subject to fines.

The provincial government recently introduced the Short-Term Rental Accommodations Act to help municipalities regulate short-term rentals and enforce their regulations. The goal is to improve housing supply and affordability across B.C.

Under the new legislation, short-term rental hosts are required to display a valid business licence number on their listing on any short-term rental accommodation platform. If the listing does not follow the local government’s business licence requirement, the local government can require the rental platform to remove the listing. Additionally, the Province will be creating a registry by 2025. Once this is in place, rental platforms will need to validate their listings with a provincial registration number.

Importantly, the Act provides for municipal fines of $3,000 per day for short-term rental properties operating without a licence. Whistler is amending its bylaws to be able to levy this fine; the fine is currently $1,000.

We encourage you to check provincial resources to understand the Act and how it applies to your business.

Open or expired permits

Building and plumbing permits are attached to the property, rather than the property owner. It’s your responsibility when you purchase a property to make sure that it complies with all local and provincial regulations.

As a property owner, it’s your responsibility to make sure that any permits associated with your property are completed.

This means making sure you work with your contractors and our team to:

Resolve any deficiencies
Schedule and complete final inspections
Submit any documents that are required
Receive a final file review or occupancy certificate
Close the file

When you apply for a building permit, you sign the “Acknowledgement of Owner or Owner’s Agent”, which outlines these responsibilities.

When you apply for a business licence, we check the property file for any outstanding building permit files. The RMOW does not process business licence applications for any property with open or incomplete building permit files. 

If you have an open or incomplete building permit file, we will let you know. You will need to work with the Building Department to resolve any deficiencies and close the building permit before we can issue your business licence.

If you have applied for a tourist accommodation business licence and Bylaw Services has noticed that there is an open building permit for your property, they will refer your file to the Building Department.

This is the process for closing the permit:

The Building Department will confirm that they have received this referral.

A building inspector will review your file and let you know about any outstanding issues. Note that we charge hourly fees to process files.

Once you have resolved those deficiencies, our team will do a final review of your file.

After this, we will issue a file completion letter or occupancy certificate.

The Building Department processes building files in the order in which we receive them. Find current building permit times on our website.

After your building permit is completed and closed, Bylaw Services can process your business licence application for tourist accommodation.

If you know you have an open permit, you can contact the Building Department at buildingdept@whistler.ca with your complete address, contact information and permit number (if you know it).

This is the process for closing the permit:

The Building Department will confirm that they have received this referral.

A building inspector will review your file and let you know about any outstanding issues.

Once you have resolved those deficiencies, our team will do a final review of your file.

After this, we will issue a file completion letter or occupancy certificate.

There will be fees to process your file depending on its complexity. These are charged at $73.09 per hour with a two-hour minimum. We estimate that most files will take two to eight hours to process.

A non-complaint file means you have a stop work order for construction on your property. This is issued for:

doing construction without a building permit

not conforming with the BC Building Code or municipal building and plumbing regulation bylaw 1617
making unapproved changes after a building permit is issued

You may be charged an additional permit fee of $500 to $2,000 for doing work without a permit when there is a stop work order in place.

Find more details in the building and plumbing regulation bylaw 1617.

If you have a non-compliant file associated with your property, our team can tell you what you need to do to resolve any issues.

A building permit expires if no work or inspections have been done in 12 months.

If your permit has expired, the Building Department team can reopen it. There is a fee for this.

After this, you can follow the steps to resolve any deficiencies and close your permit (See above.)

Purchasing a property

It’s important to research the property’s history, including building records, zoning regulations, and any liens or easements that may affect ownership.

You can use the RMOW’s online service to access property records at www.whistler.ca/property. You need an owner’s authorization for this.

If you are planning to provide tourist accommodation (nightly rentals), you need to make sure that this is a permitted use for your property. Learn about tourist accommodation rules in Whistler.

Timing

The Building Department team reviews tourist accommodation applications in the order in which they are received.

The current times for staff to do their initial review are listed on our website: www.whistler.ca/buildingpermits. The amount of time that it will take to process your file will depend on the size and complexity of your file.

There will be fees to process your file depending on its complexity. These are charged at $73.09 per hour with a two-hour minimum. We estimate that most files will take two to eight hours to process.

We are currently receiving a high volume of tourist accommodation applications, and we are reviewing them in the order in which we receive them. This makes sure everyone in the community is treated fairly.

The RMOW does not process business licence applications for any property with open or incomplete building permit files. 

We are receiving a high volume of applications for tourist accommodation business licences.

The current wait time is around three to four weeks for non-resident, home-based, and tourist accommodation business licences.
We can’t provide an estimated timeline for commercial business licences. They depend on things like fire and health inspections and external agency approvals.

Business licences and tourist accommodation requirements

The RMOW’s business licensing requirement for tourist accommodation is not new. We have required business licences for tourist accommodation in Whistler since 2017.

The provincial government recently introduced new short-term rental rules, which provide additional tools for municipalities. Under the new legislation, short-term rental hosts will be required to display a valid municipal business licence number on their listing on any short-term rental platform (like Airbnb).

If a listing does not include a valid business licence, the short-term rental platform must remove the listing at the RMOW’s request.

New provincial legislation requires short-term rental hosts to display a valid municipal business licence on their listing on any short-term rental platform (like Airbnb) by May 1, 2024.

Whistler has had a business licence requirement for all tourist accommodation since 2017. With the new provincial rules, short-term rental platforms are required to remove any listing that does not have a business licence at the municipality’s request.

You need to make sure that your property (or unit) is zoned for tourist accommodation if you want to market, manage, and provide paid accommodation for tourists.

Check zoning and covenants registered on title to understand what’s allowed (or not allowed) on your property. Only properties that list “tourist accommodation” or “temporary accommodation” as a permitted use can be rented for tourist accommodation.

You also require a valid municipal business licence for tourist accommodation in Whistler. Learn about business licence requirements.

The property’s zoning must list “tourist accommodation” or “temporary accommodation” as a permitted use. 

Properties with residential zoning can’t be marketed as available to tourists for any length of time. You can check your property’s zoning using the RMOW’s online GIS mapping system.

Learn about tourist accommodation in Whistler.  

If your property has residential zoning, you can’t provide tourist accommodation for any length of time. 

Residential zoning means “a fixed place of living, to which a person intends to return when absent”. Tourist accommodation is not allowed in any residential-zoned area. 

If you want to advertise and rent your property to tourists, your property needs to be zoned for tourist accommodation and you need a business licence.

Check your property’s zoning and covenants.

If your property is zoned for tourist accommodation (also called short-term rentals by the Province) and you have a business licence, your rental status will not change.

With the new provincial rules, as of May 1, 2024, you will need to include your business licence number on your listing on any short-term rental accommodation platform (like Airbnb or VRBO). 

If a listing does not include a valid business licence, the short-term rental platform must remove the listing at the RMOW’s request.

The Province of B.C. will be creating a registry by 2025. Once this is in place, rental platforms will need to validate their listings with a provincial registration number.

Learn more about how the new provincial short-term rules affect Whistler.

With the new legislation, the RMOW can fine up to $3,000 per day for any short-term rental properties operating without a licence in Whistler.

Since 2017, Whistler has required all property owners who are marketing and renting tourist accommodation to have a business licence. This requirement isn’t new.

If you’re operating without a licence, this is an illegal rental, and you could be fined up to $3,000 per day under the new provincial short-term rental rules.

You can follow the steps below to apply for a business licence. Or if you choose not to apply for a business licence, you can rent your property to residents. A business licence is only required for short-term, nightly rentals.

No, the requirement that limits short-term rentals to the host’s principal residents and one secondary suite or accessory dwelling unit on the same property does not apply to Whistler.

Short-term rentals (tourist accommodation) are regulated in Whistler by zoning, covenants, and enforcement.