Zoning in Whistler

There are many different types of property zoning bylaws in the Whistler area. Some of these zonings allow the use of the property for the purposes of short term rental, also referred to as nightly rental or tourist accommodation, and some prohibit it, allowing only “long term rental”. Individual properties that permit usage as tourist accommodation may also have covenants registered on the title which determine the amount of personal use. These covenants are referred to as Phase One and Phase Two properties. These are NOT building phases, they are covenants on title. A brief & general description of each is below.

Residential Zoning - This type of zoning means it can be used as a personal residence, a vacation home, or for long term/monthly residential tenancy (tenancy must be a minimum of 30 days) and in compliance with the Residential Tenancy Act. Anything less than 30 days is not allowed.

Phase 1 Zoning - The Phase One covenant is the most versatile. You can rent them as tourist accommodations (nightly), rent on a monthly lease or live in them full time. These units are also known as "unrestricted" and are mostly one, two and three bedroom condominiums and townhome style properties. There are no restrictions on owner usage of Phase 1 properties. When looking at this type of zoning it is very important to understand the GST requirements that go along with how you will be using the property. Understanding this information is imperative. Be sure to talk with us and seek the professional advice of an accountant to have a full understanding of the implications and when GST is applicable.

Phase 2 Units - These units are also referred to as "restricted" because they are apartment condominiums incorporated in an ongoing hotel operation. The number of days that the owner is allowed to use the unit is "restricted to 56 nights per year (28 nights in the summer months and 28 nights through the winter months). The weeks are allocated in three 1 week stays and additional 7 floating days. The benefits to these units include revenue sharing, potential tax shelter and the convenience of a hotelier managing everything plus use of the various hotel services and facilities. These investments are best for the occasional user.

These investments are best for the occasional user. 

Fractional Ownership ½, ¼, 1/10 - Similar to the Phase 2 type of ownership, except you own it with other people. These properties are owned, and not to be confused with time share. You do own the property, it cannot be traded or shared with other developments in other locations. As an owner you get 1 week every 4 weeks in a perpetual rotation. If you choose not to use the property during your allotted week, the hotel will rent the property for you.

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