What Is a Development Permit and How Do You Get One in BC?

You may have been told that your land needs a development permit before you can build, renovate or subdivide. For many owners this is a surprise, because they assumed zoning and a building permit were the only approvals involved.

A development permit is a different kind of approval. This article explains why land is designated, what the permit can and cannot do, how it differs from a building permit, and how to approach the process in British Columbia.

This article covers the law of British Columbia.

Why your land may need a development permit

Under the Local Government Act, an official community plan may designate development permit areas for purposes such as protecting the natural environment, protecting development from hazardous conditions, protecting farming, and promoting energy and water conservation. The plan must describe the special conditions or objectives that justify the designation and set guidelines.

In practice, that means the reason you need a permit usually falls into a recognizable category. Common ones include:

• Hazard areas, such as land where the plan identifies hazardous conditions that development needs protection from.
• Environmental areas, where the aim is to protect the natural environment.
• Farming areas, where the aim is to protect agriculture.
• Energy and water conservation, where the aim is to promote those goals.

Whether your parcel falls inside one of these areas depends on your local government's plan and maps. Your property may be affected even if a neighbour's is not.

When a permit is required, and when it is not

Inside a designated area, land must not be subdivided, and construction must not start on a building or alter it, until a development permit is issued, unless an exemption applies.

There is an exception to that rule. The official community plan or a zoning bylaw may specify conditions under which a development permit is not required in a designated area. These exemptions differ between communities, so a small project may need a permit in one place and not in another.

What a development permit can and cannot do

A development permit may vary or supplement a zoning or subdivision bylaw, but it generally cannot vary the permitted use or density. So it will not usually let you build something zoning forbids, and it should not be used to shrink what zoning allows.

There is an exception for hazards. Hazard-related conditions may vary use or density, but only as they relate to health, safety or protection of property.

Local governments also face limits. Development permit area designations and land use regulation powers must not be exercised in a way that unreasonably prohibits or restricts the use or density of use required by the small-scale multi-unit housing rules in section 481.3.

Development permit versus building permit

The two are separate. A development permit deals with land-use, design or hazard questions in a designated area. A building permit is the one issued by the local government or First Nation before a building or renovation project begins. Electrical and gas permits come from Technical Safety BC, and plumbing, electrical, mechanical or demolition work may need separate permits.

A building permit application package typically includes applicant and property information, a site plan, building drawings and zoning compliance confirmation. A building permit is complete only after a final inspection is passed.

What to do next

The Province advises contacting the local government first, because building permit requirements and exemptions for minor work vary. The same approach makes sense for development permits. How long an application takes and what it costs depends on your situation, so ask your local government for current information instead of relying on a general estimate.

• Ask your local government whether your parcel is in a development permit area and which category applies.
• Ask whether your project qualifies for any exemption written into the plan or zoning bylaw.
• Request the guidelines for the area and design to them before you finalize drawings.
• Check whether you also need building, electrical, gas or other permits.
• In a designated area, do not start work or subdivide until the permit is issued, unless an exemption set out in the official community plan or zoning bylaw applies.
• Speak with a lawyer if you disagree with a condition or the permit is refused.

Frequently asked questions