Accessory Dwelling Unit

An accessory dwelling unit (often referred to as an ADU) is a self-contained dwelling unit, such as a garden suite, laneway home, carriage house or garage suite, located on the same legal lot as another dwelling. Specific planning rules and building code standards exist for the development of secondary suites and ADUs, providing property owners and tenants with assurances about the safety of their homes.

An ADU:

• Is only allowed in conjunction with a single detached house

• Cannot be on lots with a duplex

• Is not permitted for homeoOccupation

• Can be a rental suite, or can be for family use

• Cannot be strata-titled or subdivided

This guide provides the steps to determine the viability of converting an existing accessory building to an ADU.

Step 1: ADU as a permitted land use

When considering the conversion of an existing accessory building, the zoning regulations need to be reviewed to confirm that an additional accessory dwelling is permitted as part of the property use, and that the existing building meets the required setbacks and building height.

There are options to address an accessory building that does not meet the current zoning bylaw; these options can be discussed with the North Cowichan Planning department.

The complexity of constructing a dwelling has changed substantially from the past, and these changes can be difficult to achieve when converting an existing accessory building into a dwelling unit. 

Some of the substantial BC Building Code changes to the design and construction of a dwelling unit include:

1. seismic structural requirements (earthquake damage resistance measures)
2. radon soil gas mitigation (radioactive gas prevention measures)
3. energy efficiency design, equipment, and construction methods
4. building warranty of exemptions
5. building envelope (rain screen capillary break for cladding)

Step 2: Existing construction and use of the accessory building

There are four potential accessory building conditions that require a different approach when considering a conversion.

1. An existing accessory building that was constructed without a building permit.
2. An existing accessory building that was constructed without a permit and then again without a permit converted into a dwelling.
3. An existing accessory building that was approved though a Building Permit
4. An existing accessory building that was approved as an accessory building then without a permit converted into a dwelling.

Depending on the conditions listed above a building conversion may be impractical. 

To determine the practicality of using an existing building, the building department provides a questionnaire to ascertain fundamental information about the existing building.  Complete the questionnaire to move ahead with the conversion. Once submitted, the questionnaire will be reviewed by a building inspector in conjunction with a review of the property file. The building inspector will, within three business days, contact the requester and advise on the viability of utilizing the accessory building.  Based on the findings, the requestor may choose to request a special onsite inspection to obtain a full review of the building.

Step 3: Special inspection to convert an existing accessory building to an ADU

At any time or after receiving the questionnaire feedback from the inspector, an owner may request an investigative inspection of their accessory building. (note, there is a fee for the inspection that will also include the inspection results report).

Once a special inspection has been conducted the building inspector will, within a few business days, provide the requester the results of the inspection.  The results report identifies items that will be required to be addressed as part of a building permit to convert the accessory building to a dwelling.

Step 4: Apply for a building permit

For building permit applications, all items identified in the results inspection report must be included in the design drawings of the proposed building conversion.

Before deciding on the steps to construct an Accessory Dwelling Unit, consider the following:

• Utilities and service connection feasibility (i.e. sewer and water design, electrical servicing, gas line location, stormwater system)

• Any site restrictions (i.e. easements, zoning regulations, geotechnical considerations). These may trigger additional permits or studies.

• Up-front project fees such as building permit fees, development cost charges, fees for water and service connection, etc.

• Post construction costs such as increased utility billing, additional garbage and recycling fees, insurance fees and repairs and maintenance.

A homeowner should investigate the potential costs associated with providing services to an ADU.

Water & sewer: An additional water and sewer utility will be charged for residential lots with ADUs as per the Waterworks Bylaw 1972, 2005 and Sewerage Works Management Bylaw 871, 1981. An ADU will not have a new connection to the municipal water or sewer system to maintain 1 (one) water and 1 (one) sewer connection(s) per lot as defined in the Waterworks Bylaw 1972, 2005 and Sewer Works Management Bylaw 871, 1981. Secondary water and sewer connections are to be inside the property, installed and maintained by the property owner. Avoid incidents to underground infrastructure and contact BC 1 Call before breaking ground to avoid injury and costly repairs. Learn more about this free service

Utility services: Depending on the age and servicing of your home, you may require an upgrade to your services. Contact the local utility companies to determine if/where a connection is feasible for your ADU:

• electrical servicing (BC Hydro)
• gas installation and location (Fortis BC)
• internet (Telus, Shaw)

Are you prepared to be a landlord? Having an Accessory Dwelling Unit may mean you are becoming a landlord. You should investigate your rights and responsibilities and legal obligation for providing a safe home for your tenants.  The relationship between landlord and tenant is governed by the Government of British Columbia’s Residential Tenancy Act. They provide a variety of resources for landlords and tenants. 

• Accessory Dwelling Units: Case Studies and Best Practiceas from BC Communities
• Second Dwelling Rural Lands Policy

• Download or print the planning compliance form. 
• Access the Municipal Interactive Mapping System
• Locate the property: 
  • Use the mapping tool to find and pinpoint the specific property you are inquiring about. 
• Check zoning designations: 
  • Zoom in on the property to view its zoning designation. This will typically be labeled on the map. 
  • Compare the zoning designation to the information provided in Zoning Bylaw No. 2950 to understand the permitted uses, building regulations, and any other zoning-related details. 
• Identify Development Permit Areas: 
  • Use the mapping tool to locate any designated development permit areas that may affect the property. 
  • Refer to any additional information provided by the mapping tool regarding these areas.
• Access agriculture land designation:
  • Use the mapping tool to determine if the property lies within Agricultural Land Reserve (ALR).
• Review Zoning Bylaw regulations:
  • Access and review Zoning Bylaw No. 2950 on the municipal website for setbacks, lot coverage, and building height restrictions.
• Complete the Planning & Compliance Form:
  • With the gathered information in hand, you can now complete the form accurately, referring to the municipal interactive mapping and Zoning Bylaw No. 2950 as needed to ensure your responses are in line with the current regulations and designations.
• Verify, sign and submit:
  • Once complete, submit this form with the building permit application package

A site plan must include:

• North arrow
• Property address
• Dimensions of property lines​
• Location, measurements, building height, and setbacks of proposed and existing buildings and structures to property lines
• Location of any water features such as creek(s), and/or lake(s)
• Identify applicable covenants, easements, rights-of-ways
• Location of proposed retaining walls
• Proposed driveway including the driveway width, distance to closest lot corner and elevation of the driveway at the street and elevation at the garage floor
• Include location of sanitary sewer, storm hook-up and the location of the water service.

1. Building location surveys will be required to be submitted for all new buildings, additions to buildings and alterations modifying exterior wall profiles or roof projections. Building location survey plans are to be submitted after the foundation wall forms are erected for concrete walls, or after construction of a masonry or preserved wood foundation and floor assembly, but prior to further construction or backfilling.
2. The survey plan needs to indicate the shortest distance from lot lines to:  
   • The inner surface of the exterior concrete foundation wall forms after bracing is secured, and prior to the placing of the concrete;
   • The outer face of wood sheathing for PWF foundation walls when the foundation is completed, and the floor system installed;
   • The outer face of masonry blocks for masonry foundation walls when the foundation is completed; and
   • The lake and watercourse setbacks are measured from the furthest projection of the structure to the natural boundary.
   • Setbacks to property lines shall be indicated on the survey plan for all exterior wall faces.

Design drawings must include:

• Main floor plan
• Cross section
• Elevation
• Foundation

Design drawings requirements:

• Prepared by a person skillful in technical drawing, draftsperson, or professional
• Elevation scale: 1/8”=1’0”
• Floor plan scale: 3/16”=1'
• Metric or imperial units are accepted. Please use units consistently.

Engineered designs

When the proposed work is not covered by the prescriptive parts (Part 9) of the BC Building Code, a registered professional (an architect or a professional engineer) must be consulted and may be required, under provincial acts or codes, to design and inspect certain elements of the construction.

• Planning Compliance Form  
• Engineering Compliance Form 
• Single-Family Dwelling / Duplex Application Checklist   - this form is used for ADUs
• Building Permit Application Form
• To be obtained by the Land Title Office (or lawyer, notary, real estate office):
  • Title search (acquired within 30 days of your application date)
  • Covenants, easements and rights-of-way
• Application for Highway Access Form (for approval of driveway access)
• New Home Warranty or Owner Builder Authorization 
• Site Plan of subject property to scale.
• Required drawings – refer to the Drawing Checklist for specifics
  • One set of architectural plans on 11 x 17 or larger, minimum scale 3/16” = 1’ for floor plan and 1/8” = 1’ for elevations. (Include braced wall seismic design or engineered structural plans with a Schedule B). Include:
    • Foundation plan
    • Floor plan
    • Elevations
    • Cross section
• Truss layout (Including point loads and end reactions)
• Ventilation Design
• BC Energy Step Code Pre-Construction Report (provided by a qualified Energy Advisor)
• For more information visit the Energy Step Code website
• Notice of Filing for Sewerage (if applicable)
• Site Disclosure Statement – required by Ministry of Environment
• Business licence of contractor (if applicable)
• The following items if applicable:
  • Engineering - Schedule B

Effective May 1, 2023, the BC Building Code (the Code) will require 20%-better energy efficiency for most new buildings throughout the province. The Zero Carbon Step Code provides tools to local governments to incentivize or require lower emissions from new buildings.  

1. Email a completed Building Permit application form to building@northcowichan.ca and request a file upload ShareLink. In the subject line of the email, title it “Request for ShareLink” 
2. Once the applicant receives the ShareLink, they can upload the required checklist documentation. 
3. Once received, your request will be processed.

• The permit fee is set out in the Fees and Charges Bylaw No. 3784.   
• Permit fees are payable by: 
  • cash, interact, cheque or money order - made payable to the Corporation of the District of North Cowichan 
  • online payment - please use “North Cowichan – A/R” as the payee, using folder number BP00…. as your account to identify the fee you are paying. We request that you email a copy of your Fee Slip to finance@northcowichan.ca when payment has been made and copy the email to building@northcowichan.ca. Applicants may need to contact their financial institution for vendor account formatting. 
• Credit cards are not accepted.  
• A fee slip with be sent to the applicant once the permit is approved. 
• The permit fee does not include the Development Permit fee if one is determined to be required.