What Is Bill 44 in BC? Small-Scale Multi-Unit Housing (SSMUH), Explained

Bill 44 is the 2023 provincial law that made BC cities allow 3, 4 or 6 homes on most single-family lots without a rezoning. Here is what it does, who it applies to, and what it does not do.

The short answer

Bill 44, the Housing Statutes (Residential Development) Amendment Act, 2023, is the BC law behind small-scale multi-unit housing, usually shortened to SSMUH.
It made cities rewrite their zoning by June 30, 2024 so that most single-family and duplex lots allow 3, 4 or 6 homes. You need a building permit, not a rezoning.
Every single-family lot must allow at least one extra unit, such as a suite or a laneway home. The 3, 4 and 6 unit minimums apply only to lots that pass seven provincial tests.
Bill 44 sets what the zoning must allow. It does not override a covenant on title, and the city still controls height, floor area, coverage and setbacks.

Bill 44 in one paragraph

3 units minimum on a qualifying lot of 280 m² or less
4 units minimum on a qualifying lot over 280 m²
6 units minimum on 281 m² or more within 400 m of a prescribed frequent bus stop

Bill 44 is a provincial law passed in late 2023 that changed what BC zoning bylaws must allow on single-family lots. In a zone that used to permit only a house, a house with a suite, or a duplex, the bylaw now has to allow a minimum number of homes per lot: 3, 4 or 6, depending on the lot's size and how close it is to frequent transit. Because the zoning itself allows them, the owner applies for a building permit rather than asking council to rezone.

The rules sit in section 481.3 of the Local Government Act, with the numbers in B.C. Reg. 262/2023, the Local Government Zoning Bylaw Regulation. Vancouver works under the Vancouver Charter, which carries the same requirements. Municipalities had to amend their bylaws to match by June 30, 2024.

The words you will see

SSMUH (Small-scale multi-unit housing): The Province's name for the homes Bill 44 allows: houses with suites, duplexes, triplexes, fourplexes, sixplexes and laneway or garden homes. Often said "sum-uh". Example: "The lot is zoned for SSMUH" means the zoning allows several homes without a rezoning.
Restricted zone (The zones Bill 44 changes): A zone that would otherwise allow only a single detached house, a house with a suite or detached unit, or a duplex. Townhouse, apartment, commercial and agricultural zones are not restricted zones, so Bill 44 leaves their counts alone.
Prescribed bus stop (Decides the 6 unit rule): A stop served by at least one route every 15 minutes on average, 7 a.m. to 7 p.m. on weekdays and 10 a.m. to 6 p.m. on weekends (B.C. Reg. 262/2023 s.2(4)).
Urban containment boundary (Where the 3 to 6 unit rules apply): The growth boundary drawn in a regional growth strategy or official community plan. Where a municipality has none, the rules apply if its population is over 5,000.

Who it applies to

Every restricted lot in the province must allow at least one extra unit, a secondary suite, a detached unit, or both. The 3, 4 and 6 unit minimums apply on top of that, to lots that pass all seven provincial tests: a restricted zone, inside the growth area, 4,050 m² or smaller, on municipal water and sewer, no heritage designation, outside a Transit-Oriented Area, and no hazard exemption.

Fail any one and the minimum drops back to the one extra unit, though a city is always free to allow more. Many do: Vancouver allows up to 8 rental units on qualifying R1-1 lots.

The seven tests, with a checker · Not on city water and sewer?

What Bill 44 does not do

It does not approve a building. The city still sets floor space ratio, height, lot coverage and setbacks, so a narrow or shallow lot can be zoned for 4 units and still not fit them.

It does not override title. A restrictive covenant or a statutory building scheme registered on title can forbid a multiplex, and the Province has said Bill 44 does not override them.

It does not reach land near rapid transit. Inside a Transit-Oriented Area the 4 and 6 unit minimums switch off, and Bill 47's rules apply instead.

Zoning vs title · Will four homes fit?

Bill 44 also changed how cities plan

The same Act changed more than single-family zoning. It requires municipalities to prepare housing needs reports on a set schedule and to update their official community plans and zoning so there is room for the housing those reports say is needed over the next 20 years, with the first update due by December 31, 2025.

It also stopped councils from holding a public hearing on a rezoning that is for a mainly residential development and consistent with the official community plan. The idea is that the debate happens once, when the plan is written, not lot by lot.

How Bill 44 relates to Bill 47

Bill 47, passed in the same package, covers land near SkyTrain stations and major bus exchanges. It does not rezone anything. It sets a minimum height and density the city cannot refuse on density grounds when an owner applies to rezone. A lot is under one or the other, never both.

What is a Transit-Oriented Area? · Bill 44 vs Bill 47

Sources

Frequently asked questions

What is Bill 44 in BC?

Bill 44, the Housing Statutes (Residential Development) Amendment Act, 2023, requires BC municipalities to allow small-scale multi-unit housing on most single-family and duplex lots: at least 3, 4 or 6 homes per qualifying lot, with no rezoning needed.

What does SSMUH stand for?

Small-scale multi-unit housing. It is the Province's term for the suites, duplexes, triplexes, fourplexes, sixplexes and laneway homes that Bill 44 requires zoning to allow.

When did Bill 44 take effect?

It passed in late 2023, and municipalities had to update their zoning bylaws to comply by June 30, 2024.

Does Bill 44 mean I can build a fourplex without a rezoning?

If your lot passes all seven tests and is over 280 m², your zoning must already allow at least 4 units, so the count needs no rezoning. You still need a building permit, and the design has to meet the city's height, floor area, coverage and setback rules.

Does Bill 44 override covenants or building schemes?

No. A restrictive covenant or building scheme on title can still prohibit a multiplex even where the zoning allows one.