Can I Build a Second Home on ALR Land in British Columbia?

If you own land in the Agricultural Land Reserve, you may want a second home for a family member or for farm workers. The ALR has its own housing rules, and they are tighter than those for ordinary residential land.

This article sets out the size limits, the one-additional-residence rule, and the situations where you must apply to the Agricultural Land Commission (ALC) before you build.

This article covers the law of British Columbia.

The starting point: one principal residence

Generally, an ALR parcel may have one principal residence, and no ALC approval is needed if its total floor area is 500 m² or less.

A secondary suite is allowed only inside the principal residence, and local government bylaws must permit it and may restrict or prohibit it. How a suite fits with your own plans depends on your situation and your local bylaws, so it is worth confirming with your local government or a lawyer.

The additional residence rules

An additional residence is allowed without ALC approval only if one residence exists when construction starts, the new one is detached from the principal residence, and it is no larger than 90 m² on parcels of 40 ha or less or 186 m² on parcels over 40 ha. Any fill or soil removal for it needs a Notice of Intent.

Meeting these ALC conditions is only part of the picture. Building permit requirements and exemptions for minor work vary by local government, and the Province advises contacting your local government first. Zoning rules for your parcel also depend on your local government, so confirm them before you design.

Building permits are a separate step from ALC rules. Before any stage of a building project begins, the required permits must be obtained; the local government or First Nation issues building permits, and Technical Safety BC covers electrical and gas permits. A building permit application package typically includes applicant and property information, a site plan, building drawings and zoning compliance confirmation.

When you must apply to the ALC

A Non-Adhering Residential Use application is required in these situations:

• A principal residence over 500 m².
• An additional residence over the size cap.
• More than one additional residence.
• Keeping the old home while a replacement is built.
• Any residential use that does not comply with the ALCA or the ALR Use Regulation.

If you plan to place fill for a principal residence, it is allowed without authorization if the fill area is 1,000 m² or less. Fill for an additional residence is covered by the Notice of Intent requirement.

Housing is treated differently from other uses of ALR land. Farm uses under Part 2 of the ALR Use Regulation, such as wineries, farm retail sales and agri-tourism, can be restricted but not prohibited by a local or First Nation government. Certain Part 3 non-farm uses, such as home-based businesses, need no ALC application or approval if conditions are met, and some can be prohibited by local or First Nation governments. How these uses fit with a second home depends on your situation, so it is worth confirming with a lawyer.

Subdividing and short-term rental on ALR land

Some owners think of subdividing a lot to hold a second home. Land in the ALR cannot be subdivided unless specifically allowed by the ALC or a regulation, and this applies to all ALR parcels, including those under 2 acres. Meeting a local minimum lot size does not guarantee ALC approval.

There is a narrow exception. Under ALC Policy L-11, an eligible owner may apply for a one-time subdivision to separate an existing homesite, generally if they owned and lived on the property as their principal residence on or before December 21, 1972 and will sell the remaining land. There is no automatic right.

If you hope to rent the second home short term, note that short-term rental of a whole house in the ALR is not permitted by regulation without an application. Bed-and-breakfast use in a principal residence is allowed without application when limited to four bedrooms.

What to do next

• Measure the total floor area of your existing principal residence and confirm it is 500 m² or less.
• Confirm your parcel size so you know which cap, 90 m² or 186 m², applies.
• Confirm whether another additional residence already exists on the parcel.
• Ask your local government about zoning and building permits before you design.
• Check the ALC site, since ALR housing rules and thresholds may be amended.
• If your plan exceeds any limit, talk to a lawyer about a Non-Adhering Residential Use application.

Frequently asked questions