The RDEK Board of Directors adopted the Short-Term Rental (STR) Temporary Use Permit Policy on July 14, 2023, which includes a maximum of 10 guest occupancy approvable by staff. On September 8, 2023, the Board adopted amendments to the RDEK Delegation Bylaw and Development Applications Bylaw allowing providing the necessary delegation of approval authority to staff, the procedures for application review, and setting the STR Temporary Use Permit (TUP) application fees at $1,000 for delegated STR TUPs and $2,000 for applications made to the Board. These regulations are in effect for the Electoral Areas (rural regions) of the RDEK and do not apply to incorporated municipalities.
The initial intake of applications began on October 1, 2023.
Over the coming weeks, this page will be updated with more information related to this new application and the regulation of Short Term Rentals in the RDEK's rural areas.
If you live within a municipality, you should check with your municipal office to inquire about what regulations are in effect or being considered.
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.
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.
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:
CLICK HERE to view a sample plan that you can use as a guideline.
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.
The applicable non-refundable fee payable to the RDEK:
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:
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.
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:
If you have questions or would like to know if your property requires a Temporary Use Permit, please call Development Services at 250-489-2791 or toll free at 1-888-478-7335.
Last edited: Wed, November 15, 2023 - 8:42:21