Whistler Zoning

Whistler Bylaw 303, Section 35: what small-scale multi-unit housing allows on your lot

Section 35 of Whistler’s Zoning and Parking Bylaw No. 303 allows three or four homes on most single-family and duplex lots, in no more than two buildings, sharing one floor area cap. This page explains every provision in plain language, clause by clause, from the Municipality’s own consolidated bylaw.

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Status · updated 28 September 2026

In force. Section 35 was first adopted as Bylaw No. 2440 on 11 June 2024 and replaced by Bylaw No. 2461, adopted 11 March 2025. This page is read from the Municipality’s consolidation of Bylaw 303 dated 8 August 2026. The two amending bylaws adopted in 2026, No. 2503 and No. 2507, did not change Section 35. Updated 28 September 2026.

The short version

Whistler met the Province’s small-scale multi-unit housing requirement by adding a single section, Section 35, to Part 5 of its zoning bylaw. It does not rezone anyone. It sits on top of the existing residential zones and, where a parcel qualifies, lets the owner build more homes inside a fixed floor area budget. The Municipality counts about 3,035 parcels in scope: 93 allow up to three homes and 2,942 allow up to four.

3 or 4homes, depending on parcel size, clause 35(5)

511 m²floor area ceiling for the whole parcel, 35(8) to 35(10)

2buildings at most, clause 35(6)

32.5 m²smallest permitted home, clause 35(11)(c)

Permitted is not required. The Municipality’s own guidance is that owners are allowed, not required, to add units. A single house with a suite remains an option on every one of these parcels.

Which parcels it applies to

Clause 35(2) reaches any parcel, in any zone, where the bylaw limits residential development to a detached dwelling; a detached dwelling with one or two auxiliary residential dwelling units; or a duplex, with or without an auxiliary unit. Two things then apply immediately, before any size test: a detached-dwelling-only parcel may add an auxiliary residential dwelling unit inside the house or in an auxiliary building (35(3)), and a sewer service requirement no longer blocks that auxiliary unit (35(4)).

The five tests for three or four homes

Clause 35(5) grants the extra homes only if the parcel passes all five:

Not in a transit-oriented area as defined in the Local Government Act. The Municipality has designated the area within 400 metres of the Whistler Gondola Exchange as its Transit Oriented Development Area.
Serviced by municipal water and sewer. Both, not one.
Wholly or partly within the Whistler Urban Development Containment Area identified in the Official Community Plan. Partly is enough.
4,050 m² or smaller. A larger parcel gets no Section 35 homes at all.
Not in a zone whose minimum parcel area for subdivision is 4,050 m² or more. This excludes large-lot estate zones regardless of the size of the individual parcel.

Pass all five and the parcel may have three homes if it is 280 m² or smaller, and four if it is larger than 280 m². The bylaw has no five or six home provision, and the Municipality states that no residential parcel in Whistler has a six-unit minimum, because Whistler’s transit service levels don’t meet the provincial threshold.

Tests four and five create a cliff. A 4,050 m² parcel can have four homes; a 4,051 m² parcel falls back to its zone’s own rules.

Floor area: one budget for the whole parcel

This is the provision that decides what actually gets built. When the building permit is for three or four homes, the maximum gross floor area is set for the parcel, not for each home, and it applies irrespective of site dimensions:

Zone	Clause	Maximum gross floor area, whole parcel
RS1, RI1, RS2, RS4	35(8)	FSR 0.40 or 511 m², whichever is lower
RT2	35(9)	FSR 0.40 or 511 m², whichever is lower
RT1, RT6	35(10)	FSR 0.45 or 511 m², whichever is lower
Any other zone Section 35 reaches	35(7)	The maximum in that zone’s own regulations

The arithmetic follows directly. At 0.40 the 511 m² ceiling starts to bind at a parcel of 1,277.5 m²; at 0.45 it binds from about 1,136 m². On a 700 m² RS1 parcel the budget is 280 m², about 70 m² per home if four share it. On anything over 1,277.5 m² in those zones, four homes share 511 m², which averages under 128 m² each.

Worked from clause 35(8). The per-home figures are simple averages; clause 35(11) lets the owner split the budget in any proportion, subject to the limits below.

How the budget can be split

Clause 35(11) lets the floor area be distributed in any proportion among the homes and any permitted auxiliary buildings, with three limits:

No home smaller than 32.5 m², 35(11)(c).
An auxiliary unit inside a detached dwelling may not exceed 40% of that dwelling’s gross floor area, 35(11)(a).
An auxiliary unit inside one unit of a duplex may not exceed 40% of that unit’s gross floor area, 35(11)(b).

One consequence is easy to miss. Four homes at the 32.5 m² minimum need 130 m². At a ratio of 0.40 that takes a parcel of at least 325 m², so a parcel between 280 m² and 325 m² in those zones is permitted four homes by clause 35(5) but cannot fit four at the minimum size inside its floor area budget. Confirm any parcel near these thresholds with RMOW Planning.

The in-ground basement exclusion

Clause 35(12) applies the gross floor area exclusions in Section 26(1)(a) to all residential buildings permitted under Section 35. The most valuable of them is Section 26(1)(a)(ii): in-ground basement floor area, to a maximum of 125% of the gross floor area of the storey immediately above, does not count toward the cap.

The bylaw’s definition sets the test. In-ground basement floor area is that portion of the lowest floor of a building where at least 50% of the exterior wall height is below the finished ground adjoining the wall. Wall height is measured from the finished floor to the underside of the floor system above.

With a storey above of 100 m², up to 125 m² of qualifying basement is excluded. Section 26(1)(a) also excludes crawl spaces, void spaces, parking areas, elevators, areas occupied by fixed machinery and equipment, and exterior wall thickness over 152 mm.

Because the parcel budget is tight, this exclusion is often where most of the usable space in a Whistler multi-unit design comes from. Whether a lower floor qualifies depends on the design and the finished grades around it, so it is worth settling before the floor plans, not after. The Municipality publishes its own guidance on these exclusions, linked in the sources below.

The parking area exclusion is capped

Parking areas are also excluded under Section 26(1)(a)(v), but for Section 35 development clause 35(13) caps how much: 70 m² per parcel for two units, 87.5 m² for three and 105 m² for four.

Parking

When the building permit is for three or four homes, clause 35(15) sets the parking: a minimum of one space per dwelling unit and a maximum of six spaces on the parcel. The spaces may be laid out in any manner, as long as each space has access from the road either directly or through not more than one other parking space, and each complies with the standards in Part 6 of the bylaw. The Municipality describes this as an allowance for tandem parking configurations.

Setbacks, height and site coverage

Section 35 changes one setback. Clause 35(14) sets the minimum side setback at 3 metres in the RS1, RS2, RS4, RI1, RT1, RT2 and RT6 zones when the building permit is for three or four homes. In those zones the base regulations otherwise require 6 metres once a dwelling passes a floor area threshold, so this matters most on larger parcels.

Everything else stays with the zone. In each of those seven zones the minimum front and rear setbacks are 7.6 metres, the maximum building height is 7.6 metres and the maximum site coverage is 35 percent (RS4 takes these from RS1 by reference). The Municipality’s summary is that existing setback requirements are generally maintained. Part 5, Section 14 of the bylaw separately allows a garage or carport building to sit 5 metres from the front parcel line, or 2 metres where the average slope from the front parcel line is 20 percent or more and the building is no more than 3.5 metres high.

Rental tenure and the employee housing agreement

This is the obligation that most changes the economics, and it is written into the bylaw, not left to policy.

What you build under Section 35	Clause	Units that must be rental
A second detached dwelling, or a duplex, not otherwise permitted	35(16)	At least 1
Three dwelling units	35(17)	At least 1 of 3
Four dwelling units	35(18)	At least 2 of 4

What rental means. Clause 35(1) defines residential rental tenure as occupancy as a principal residence, in which the occupant continuously resides, under a tenancy agreement governed by the Residential Tenancy Act.
It is declared up front. The rental units must be identified on the building permit application, 35(19).
It is checked. The Municipality may require a statutory declaration, not more than once a calendar year, that those units were occupied only under residential tenancies for the whole previous 12 months, 35(20). The Municipality says this is administered by the Whistler Housing Authority.
No rent or price cap. The Municipality states that there are no rent or price restrictions on these units.

Strata title requires an employee housing agreement

The homes may be subdivided under the Strata Property Act or the Land Title Act, but only if the owner enters into an employee housing agreement with the Municipality, in the form of Schedule “T” to the bylaw. For a second detached dwelling or a duplex the agreement covers at least one dwelling, 35(21); for a multi-unit building it covers at least as many units as are required to be rental, 35(22). Anyone planning to build and sell should read Schedule “T” before committing to a design.

Nightly rental

Section 35 does not create any. Clause 35(23) says the section may not be interpreted or applied to increase the number of dwelling units on a parcel that may be used as tourist accommodation. The RS1 zone, for example, permits auxiliary buildings and uses, an auxiliary residential dwelling unit, a detached dwelling, and park and playground, and prohibits all other uses. The Municipality’s guidance is direct: to market and provide paid accommodation to tourists, a property needs tourist accommodation zoning and a business licence.

According to the Municipality, the provincial rule limiting short-term rentals to the host’s principal residence does not apply in Whistler, and short-term rentals there are regulated by zoning, covenants and enforcement. Covenants already registered on a title remain in effect.

Permits and the RI1 election

No form and character development permit. Section 35 development is exempt from the development permits for the form and character of intensive residential and multi-family residential development, 35(24).
Environmental and wildfire permits still apply. A development permit is still required if any part of the parcel is in a development permit area for riparian ecosystems, sensitive ecosystems or wildfire protection, 35(25).
RI1 owners choose one rulebook. A parcel in the RI1 zone may be developed entirely under the RI1 zone regulations or entirely under Section 35, at the owner’s option, but not a mix of the two, 35(26).

Bill 25, and what could change

In November 2025 the Province’s Bill 25 widened the definition of a restricted zone, including to lots where a house, a secondary suite and a detached accessory dwelling unit are allowed, and set 30 June 2026 for local governments that needed to change their bylaws to comply. Whistler’s Section 35 already reaches parcels limited to a detached dwelling with up to two auxiliary units, clause 35(2)(c). As consolidated on 8 August 2026, it reads exactly as described on this page and was last amended in March 2025. If the Municipality changes it, we will update this page. For a decision on a specific parcel, confirm the current position with RMOW Planning.

Section 35: common questions

How many homes can I build on a Whistler lot under Section 35?

If the parcel passes all five tests in clause 35(5), three homes are permitted on a parcel of 280 m² or less and four on a parcel larger than 280 m². The tests are: the parcel is not in a transit-oriented area, it is serviced by municipal water and sewer, it is wholly or partly inside the Whistler Urban Development Containment Area, it is 4,050 m² or smaller, and it is not in a zone whose minimum parcel area for subdivision is 4,050 m² or more. The Municipality counts about 3,035 parcels in scope: 93 allow up to three homes and 2,942 allow up to four.

What is the maximum floor area for three or four homes in Whistler?

In the RS1, RI1, RS2 and RS4 zones (clause 35(8)) and the RT2 zone (35(9)), the whole parcel is capped at a floor space ratio of 0.40 or 511 m², whichever is lower. In the RT1 and RT6 zones (35(10)) it is 0.45 or 511 m². The cap applies irrespective of site dimensions and is shared by every home on the parcel. In any other zone Section 35 reaches, the maximum in that zone’s own regulations applies (35(7)).

How many buildings are allowed?

No more than two, under clause 35(6). The homes can be any combination of detached dwellings, duplex dwellings, auxiliary residential dwelling units and apartment or townhouse buildings, as long as the total does not exceed the number of units permitted.

Is there a minimum unit size?

Yes. No dwelling unit may be smaller than 32.5 m², clause 35(11)(c). An auxiliary residential dwelling unit inside a detached dwelling, or inside one unit of a duplex, may not exceed 40% of the gross floor area of that dwelling or unit, clauses 35(11)(a) and (b).

Does an in-ground basement count toward the floor area cap?

Clause 35(12) applies the Section 26(1)(a) exclusions to every residential building permitted under Section 35. Section 26(1)(a)(ii) excludes in-ground basement floor area up to 125% of the gross floor area of the storey immediately above. The bylaw defines in-ground basement floor area as the part of the lowest floor of a building where at least 50% of the exterior wall height is below the finished ground adjoining the wall, with wall height measured from the finished floor to the underside of the floor system above.

How much parking does a Whistler triplex or fourplex need?

For three or four homes, clause 35(15) requires a minimum of one space per dwelling unit and allows a maximum of six spaces on the parcel. Spaces may be laid out in any manner, provided each one has access from the road directly or through not more than one other space and complies with the standards in Part 6. Clause 35(13) caps the parking area that can be excluded from floor area at 70 m² for two units, 87.5 m² for three and 105 m² for four.

Do I have to rent some of the homes?

Yes. If you build three homes, at least one must be in residential rental tenure, and if you build four, at least two, under clauses 35(17) and 35(18). Where Section 35 is used to add a second detached dwelling or a duplex, at least one unit must be rental, 35(16). Residential rental tenure means occupancy as a principal residence under a tenancy governed by the Residential Tenancy Act. The rental units must be shown on the building permit application, and the Municipality may ask for a statutory declaration once a year. The Municipality states that there are no rent or price restrictions on these units.

Can the homes be strata titled and sold separately?

Section 35 allows subdivision under the Strata Property Act or the Land Title Act on condition that the owner enters into an employee housing agreement with the Municipality, in the form of Schedule "T" to the bylaw, covering at least as many units as are required to be rental, clauses 35(21) and 35(22).

Can the extra homes be nightly rented?

Section 35 adds no tourist accommodation rights. Clause 35(23) says the section may not be interpreted or applied to increase the number of dwelling units on a parcel that may be used as tourist accommodation. The Municipality’s own guidance is that a property must be zoned for tourist accommodation, and hold a business licence, before it can be rented to tourists.

Has Section 35 changed in 2026?

Not as of the consolidation dated 8 August 2026. Section 35 is still annotated to Bylaw No. 2461, adopted 11 March 2025. The two 2026 amending bylaws in that consolidation, No. 2503 (the definition of school and a zone key plan) and No. 2507 (the IS5 industrial service zone), did not touch it.

Where this leaves an owner

Section 35 gives Whistler owners more homes, but not much more floor area. In RS1, for example, a single detached house can already reach 465 m² or a ratio of 0.35; four homes under Section 35 share 511 m² or a ratio of 0.40, and two of the four must be residential rentals. What makes a project work is therefore mostly design: how much of the program can sit in a qualifying in-ground basement, how two buildings fit inside a 3 metre side setback and a 7.6 metre height limit, and how parking for up to six cars reaches the road.

Eurohouse Construction is a BC Housing licensed residential builder with 16+ years and 100+ projects, and we have built in Whistler. Our first lot review is free. If you send us the address, we will tell you which zone you are in, whether the parcel passes the five tests, and what the floor area budget and basement exclusion are worth on your site.

Want the numbers for a specific parcel first? The Whistler lot calculator runs the five tests, the floor area cap and the basement exclusion for you. Thinking about building? Building a Whistler triplex or fourplex →

Wondering what your Whistler lot would allow?

Send us the address. We will confirm the zone, run the Section 35 tests, and tell you what the floor area budget and the basement exclusion mean on your site. No obligation, and a straight answer either way.

Ask about your lot → Whistler custom homes →

Sources and status. Every provision and number on this page is read from Part 5, Section 35 and Section 26, and the Part 2 definition of in-ground basement floor area, in the Resort Municipality of Whistler’s consolidation of Zoning and Parking Bylaw No. 303, 2015 dated 8 August 2026. Setbacks, height and site coverage are from the RS1, RS2, RT1, RT2, RT6 and RI1 zone regulations in the same consolidation. Parcel counts are from the Municipality’s Engage Whistler page; guidance on tenure, parking, setbacks, covenants and the Transit Oriented Development Area is from its Housing Legislation FAQs. Diagrams are Eurohouse Construction’s own simplified illustrations. This page is general information, not legal, planning or design advice. Confirm current requirements with RMOW Planning at 604-935-8170 or planning@whistler.ca before making decisions. Last updated 28 September 2026.