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ARTICLE · 03 APRIL 2025

Restrictive Covenants: A Barrier To Housing Developments In British Columbia

A complicating factor in the recent push to increase available housing in British Columbia are historical restrictive covenants that are registered on title to the properties that are the subject of proposed developments.

CanadaReal Estate and Construction

A complicating factor in the recent push to increase available housing in British Columbia are historical restrictive covenants that are registered on title to the properties that are the subject of proposed developments. These restrictive covenants are sometimes overlooked in the course of owners and developers purchasing properties for development, which can result in disputes before breaking ground on a development.

The landscape that has brought restrictive covenants to the forefront are Bills 441 and 472, which were introduced by the provincial government in 2023 to facilitate the creation of more homes in British Columbia. The new regime mandates that local governments update their zoning regulations to allow for "small-scale multi-unit housing" by June 30, 2024. This is a type of housing that maintains the ground-oriented design of single-family homes, while accommodating more units. Examples of these are secondary suites, duplexes and laneway homes (rather

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