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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I own a home in Delta, BC Canada. My home is located in a

Customer Question

I own a home in Delta, BC Canada. My home is located in a residential zone that permits a secondary suite. As a result, the 3500 square foot home has two units. One is 2600 sq ft and the other is 900 sq ft.
Firstly - The 900 sq ft unit does not have electrical for a 220 volt stove but the tenants use warming devices like hot plates and toaster ovens to warm food.
Secondly - I recently moved out of my home and rented out the larger unit so now both units are rented, one family on one side and a couple on the other. The city recently (the beginning of 2016) created a requirement that when registering a secondary suite, one must sign a "statutory declaration" that requires the home owner to still live on the property.
So, I have three questions:
1. given that the smaller suite has no 220 v for a cooking stove, is that considered a secondary suite? (note, the tenants currently have a small 110 volt stove with a cooktop and oven compartment but because it's 110 is that any different than a toaster oven and two small burners you can buy at walmart for a few bucks)
2. Does the city really have the authority to dictate whether the property owner must be an occupant on the property and can they enforce that?
3. Am I required to let them into the home to do an inspection?
Resources:
https://delta.civicweb.net/filepro/documents/38103?preview=91409
http://delta.ca/your-government/news-events/news-releases/2016/02/26/important-information-regarding-secondary-suites
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

It is a secondary suite because a different family is living there.

The city has the authority to make any bylaws that they want but in some cases it is possible to require them to grandfather in someone who established a residence such as yours before the bylaw came into effect.

They have the right to enter your premises without your consent and even without a court order because the act allows them to do so.

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