What is a Short-Term Rental?
Generally, STRs occur in buildings and units that were originally purpose-built as long-term residential units on lands zoned for residential use and are distinguished from commercial enterprises such as hotels or motels. STRs often occur in single or two family homes, town homes, or apartment units.
Where zoning does not allow for tourist accommodation, the STR TUP policy now requires operators of STRs to hold permits for each STR unit they operate to ensure that units comply with zoning, units are safe for guests, and operators are responsive to any concerns that may arise.
Do I need a temporary use permit (TUP) to operate an STR?
If your zoning does not allow for commercial accommodation use(s) then a TUP is required to offer STRs on your property. Typical zoning uses that allow commercial accommodation include uses such as hotels, motels, rural retreats or guest ranches.
The best thing you can do is contact the RDEK's Development Services team and speak to someone. They will be able to look up your property and go over with you what your zoning is and what would be required. Our Cranbrook office is open Monday - Friday 8:30am-4:30pm (closed stats) and you can always reach our team by phone during business hours at 1-888-478-7335 or 250-489-2791. Please note: our Development Services department is located in our Cranbrook office.
Fire Safety Plan Information
All STR accommodations must have safety measures in place to protect guests in the event of an emergency, including a fire and safety evacuation plan.
The fire safety plan must include:
- Responsible person contact information
- Emergency contact number (9-1-1)
- Designated meeting point
- Location of fire extinsuishers and smoke/carbon monoxide alarms
- Location of window exits of code-approved size
CLICK HERE to view a sample plan that you can use as a guideline.
How can I look up my Zoning?
Zoning details regarding your property can be found:
Further details about specific STR TUP requirements can be found on this STR page or by contacting the RDEK Development Services staff.
What are the fees?
The current non-refundable fee payable to the RDEK:
- Delegated Application Fee - $1,000
- Non-Delegated Application Fee - $2,000
Effective January 1, 2025 the non-refundable fees will increase to:
- Delegated Application Fee - $1,500
- Non-Delegated Application Fee - $3,000
To be eligible for the current fees the completed application form must be received (email or letter mail) by December 31, 2024.
What is the difference between Delegated and Non-Delegated STR TUPs?
There are two types of STR TUP applications: a delegated STR TUP application and a non-delegated STR TUP application. Delegated applications are considered by staff within the scope of the RDEK STR TUP Policy. Non-delegated STR TUP applications are considered at the discretion of the RDEK Board and include proposals which go beyond the requirements of the STR TUP.
DELEGATED APPLICATION REQUIREMENTS:
The requirements for delegated STR TUPs are set out in the STR TUP Policy (click here to view). The core criteria from the STR TUP Policy include:
Mandatory Criteria:
- STR use must not alter the residential appearance of the dwelling unit.
- In addition to the minimum required off-street parking spaces required by an RDEK zoning or land use bylaw, an STR TUP must provide additional parking in accordance with the following:
- STR Maximum Guest Occupancy of 1-4 requires a minimum of 1 Off-Street Guest Parking Spaces
- STR Maximum Guest Occupancy of 5-8 requires minimum of 2 Off-Street Guest Parking Spaces
- STR Maximum Guest Occupancy of 9-10 requires minimum of 3 Off-Street Guest Parking Spaces
- An STR TUP must be located within a dwelling unit of a single-family dwelling, duplex dwelling unit, accessory dwelling unit or multiple family dwelling unit. STR TUPS will not be issued for a boat, cabin, lock off unit, park model trailer, recreational vehicle, tent, or yurt.
- An STR TUP may only be issued for a single Dwelling Unit. Where multiple Dwelling Units exist on a single parcel a separate application must be submitted for each Dwelling Unit proposed to be used as a STR. A maximum of one STR TUP is eligible to be issued per parcel under the staff delegated approval stream.
- An Occupancy Permit must have been issued by the RDEK for an accessory dwelling unit proposed for use as an STR.
- Floor/fire safety plans must be submitted with an STR TUP application.
- Identification of a manager, owner or other designated contact who will be available to address issues that may arise any time STR accommodation is being provided. The name and contact information must be provided in the application and must be posted along with the STR TUP in a visible place within the dwelling unit and provided to properties within a 25m area surrounding the property proposed for use as an STR.
Conditional Criteria:
- STRs may offer a maximum occupancy of 10 guests (of any age) at any time (further restrictions to guest limit may pertain due to safety risks or other possible concerns).
- The applicant must provide an affidavit to RDEK staff acknowledging that the property which they are applying for an STR TUP has no covenants on title or strata bylaws restricting the property from being used for STR accommodation.
Discretionary Criteria:
- Potential conflict with neighbouring properties;
- Proposed accessory uses and/or amenities;
- Site layout and servicing considerations;
- Other RDEK bylaws and policies; and,
- Impact of the proposed use on the natural environment, including groundwater.
NON-DELEGATED APPLICATION REQUIREMENTS:
Operators who wish to apply for a STR TUP that does not conform with the requirements of the STR TUP Policy (click here to view Policy) may make an application directly to the RDEK Board. These applications must include all required information contained in the delegated application, in addition to information regarding why they are not able to meet the policy requirements and a statement of why their application should be approved. The additional information provided is intended to provide the RDEK Board with information regarding the extenuating circumstances of the application and/or what mitigation efforts will be implemented to avoid complaints and enforcement efforts.
What about Short Term Rentals that do not have an approved Temporary Use Permit?
If you are aware of a Short Term Rental that is operating and does not have an approved Temporary Use Permit, please submit a report.
You can fill out an online form or call the staffed 24/7 phone number to report an issue and (if available) provide photo or video evidence.
How do I make a complaint about a non-compliant STR?
A new hotline is now available to residents as a tool to report non-compliant short-term rental operations. The hotline can be used should issues related to short-term rentals occur, including, but not limited to:
- non-permitted operation of short-term rentals;
- noise, guest behaviour, or other forms of nuisance behaviour related to a short-term rental;
- or, violations of an issued short-term rental temporary use permit.
The RDEK Short Term Rental Hotline provides a quick method to report issues with Short Term Rentals (STRs). Residents can fill out an online form or call the staffed 24/7 phone number to report an issue and (if available) provide photo or video evidence.
How do the new Provincial Regulations Apply to the RDEK STR Policy?
The application intake for Short-Term Rental Temporary Use Permits in the RDEK is open and is not currently affected by new regulations announced by the Province.
The Provincial Short-Term Regulations Act was adopted and received royal assent on October 26, 2023. While this provincial legislation offers new regulatory and enforcement opportunities for local governments, further review is needed to determine how the RDEK can best utilize the proposed tools.
Ensuring that short-term rental uses conform to zoning regulations remains a top priority for the RDEK, and the RDEK's short-term rental temporary use permit process is not impacted at this time.
About the Provincial Short-Term Rental Accommodations Act:
An information report on the new Provincial legislation highlighting a few components of the Act and the implementation timeline for the Province was presented to the RDEK Board at its November 2023 Board Meeting and can be viewed here:
How can I see the approved permits near me?
