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Land use - residential
Last updated on September 15, 2025The Residential Program provides Crown land for permanent and seasonal residential use by individuals and private developers, as well as Crown land for ancillary residential purposes, including, but not limited to, erosion control, septic fields and thermal loops. The program also includes land use for group and strata moorage.
On this page
- Application documents
- Who can apply
- Types of tenure
- Fees and costs
- Information for seasonal and permanent Land Act residential tenures
- Additional requirements
- Potential additional requirements
In remote areas, where the need for residential land cannot be met by the private sector, Crown land may be available by application in support of an industrial or commercial activity.
Individual applications for new permanent and seasonal tenures will not be accepted except for residual survey lots within an existing subdivision. Applications for the replacement of existing tenures will be accepted.
For housing projects lead by local government or non-profits, refer to Land Use – Community Institutional Program.
Application documents
The following documents should be reviewed prior to submitting your application:
The following documents must be completed prior to submitting your application:
- Crown land application (including site map)
- Application Requirements Checklist/Management Plan (PDF, 168 KB)
The following must also be provided when submitting a group moorage facility application:
- A side profile for any improvements (for example docks, stiff-legs, anchor lines, pilings, log booms, floating storage sheds, fish pens, submarine cables) in the water or crossing the foreshore. The side profile drawing must illustrate the improvements, the average high and low water marks and the profile of the ocean or lakebed underneath the improvements. Dimension (in meters) are required to illustrate the high and low water levels under the improvement to the floor of the ocean or lakebed
- Three photographs to provide a view of the site that the dock will occupy as well as a view of the shoreline in both directions
- Proof of adjoining upland ownership or leasehold tenancy, such as a State of Title Certificate or a copy of Land Title System title search, displaying the full legal description of the adjoining upland parcel and the full legal name(s) of the registered owner. In the case of upland tenancy, a copy of the lease page(s) displaying lessee name and description of the land must be submitted
- An agreement document between members of any association or group and the owner of an upland property that the group moorage facility is fronting. If the facility is located adjacent to a road allowance, consent by the Ministry of Transportation will be required
Who can apply
Eligibility for residential tenures is detailed in the Eligibility section and Appendix 3 of the Operational Policy (PDF, 223KB). There are restrictions on new tenures and obtaining more than one tenure per family unit. For more information or if you have questions please contact FrontCounter BC prior to submitting your application.
Types of tenure
Depending on the intended use, the services and access available, and the required tenure term, a lease or licence of occupation may be issued by the B.C. government.
- Leases are issued where substantial improvements to the land are to be made, or where boundaries are necessary to avoid conflicts with adjacent parcels. A lease may be issued for up to 30 years
- Licences of occupation are available for uses that are not permanent or where there are specific restrictions or management objectives
- In the limited circumstances that Crown land is sold for residential purposes, it must meet Land Title Act standards of subdivision. The land will be offered at fair market value of the land
Fees and costs
For licences of occupation, the rental charged is typically 4.5% of the BCA actual land value or appraised land value. Some exceptions apply for thermal loops, ancillary residential uses, and remote residential tenures. The annual rental for temporary or seasonal residential tenures, including those for remote residential, is 3% of BCA actual land value or appraised land value.
The annual rental for permanent residential tenures, including those for remote residential, is 3% of BCA actual land value or appraised land value for the first year of tenure. For subsequent years, rental will be the lesser of two values:
- The previous year’s rental plus the yearly allowable rent increase as determined by the Residential Tenancy Branch; or
- 3% of BCA actual land value or appraised land value
For group and strata moorage, the amount of rent is dependent on the size of moorage facility and the number berths.
At no time will annual rent be less than $850 per year.
For more details and all other residential uses, refer to the Pricing Policy (PDF, 7.7MB).
Information for seasonal and permanent Land Act residential tenures
Fees and rentals
How rents are calculated
If you have a permanent or temporary (seasonal) residential Land Act lease or licence of occupation, it will state that the annual rent for your tenure is determined by the B.C. government. This does not mean that the B.C. government arbitrarily determines your rent each year. Instead, the B.C. government has a set of pricing policies which determine how rent for all uses of Crown land are calculated, so that everyone is treated fairly and equitably.
Rents are calculated as a percentage of the fair market value (FMV) of the land. More valuable properties (larger and more favourably located parcels of land) are worth more, and therefore rents are higher. The B.C. government uses the assessed value from BC Assessment Authority (BCAA) to determine land value. Assessed values are used because:
- BCAA has expertise in efficiently determining FMV of a wide variety of properties
- The values are updated annually
- There is a well-established appeal process when there are disagreements with assessed values
Occasionally, the BCA value is inappropriate, and in those cases a land appraisal may be commissioned to determine the FMV of the land as per the Appraisal Procedure (PDF, 256.7KB).
How residential rental rates are set and why 3% was chosen as the rental rate
Residential rents are typically established through a combination of financial principles, market conditions and regulatory guidelines to ensure fairness for both the Crown and tenure holders. Considerations include:
- Historical data: Market rental value data used by the B.C. government and other government leasing authorities indicates that current yield rates for residential land are in the range of 2.5% to 4.0%
- Fair Market Value (FMV): FMV is a crucial concept in setting residential rents, representing the price at which a property would rent in an open and competitive market. This alignment with current market conditions ensures that rents reflect the supply and demand dynamics of the housing market
- Generally Accepted Accounting Principles (GAAP): GAAP principles guide financial reporting and accounting practices for rental properties, emphasizing transparency, consistency, and fairness. The B.C. government considers market trends to ensure rents are fair to tenure holders and sufficient to cover costs while generating a reasonable rate of return
Using these considerations, 3% of current land values was determined by the B.C. government to constitute a fair return for the use of Crown land for Residential purposes.
Land Act residential pricing is not subject to the Residential Tenancy Act
Land Act tenures are not subject to the Residential Tenancy Act or the Manufactured Homes Park Tenancy Act, as per Section 1.2 of Residential Tenancy Regulation. However, as noted above, annual rental increase limits will be applied to those tenures issued for permanent occupancy.
Why there is a difference in rental rates between permanent and seasonal residential tenures (and why seasonal residential tenures aren’t offered the same annual rental increase limit)
Both seasonal and permanent tenures are charged 3% of annual BCAA assessed land value. The difference between the two is that for permanent tenures, the annual increase is capped to match the Residential Tenancy Act (RTA) but no such cap is used for seasonal tenures. This change to residential pricing results in rental relief being provided to those tenure holders who use their tenures as their primary residence. These tenure holders now have the certainty of rents, similar to those permanent tenants who fall under the RTA. It is important to note that if these tenures are assigned to someone else at any point, they will be reassessed at current market value.
Seasonal residential tenure holders have not been provided with this relief, as by definition, these tenures are not for primary occupancy but rather are used for recreational purposes as secondary residences.
Why the rental for seasonal residential tenures increased significantly since last year’s invoice
Land Act residential tenure rental amounts were frozen from May 1st, 2022 until April 30th, 2024. This freeze provided temporary relief to residential tenure holders while the B.C. government analyzed market rents and determined an appropriate pricing rate. Beginning May 1st, 2024, the rental freeze was lifted and seasonal residential rent resumed at 3% of annual BCA land value. As noted above seasonal residential tenures have not been provided with a cap on annual rental increases.
During the two years of the rental freeze, BC Assessment land values increased in some areas which may have resulted in a large increase once the rent freeze was lifted. Tenure holders did not see these increases in their past year’s invoices due to the rental freeze. Tenure holders overall saw savings in the previous two years of rent as they were not charged higher rent in line with land value increases for those years.
What happens if there is a disagreement about the billing amount
If tenure holders disagree with the Fair Market Value (FMV) of the land as established by BC Assessment Authority (BCAA), they must follow the procedures and timelines as set out by legislation to appeal the assessed valuation.
If the assessed value is used to determine your annual rent, and you think there may be a mistake with the assessed value following completion of the BCAA review and appeal process, contact your regional land officer in writing explaining the nature of the issue.
Disagreements in the determination of rent amounts are resolved by following the Disposition Price Resolution process (PDF, 173.2KB). As noted in the procedure, you may be required to hire an independent qualified appraiser to determine a fair market value for your tenure.
There are property taxes on tenures because they are paid separately from rent
Property taxes are calculated and paid separately from rents. Property taxes are used to pay for local services, such as fire protection, local road maintenance, schools, policing, garbage collection and management, etc. These services are separate from your rent, which is paid to the B.C. government in exchange for the right to use and occupy Crown land.
The B.C. government, through the Surveyor of Taxes Office, collects property taxes for tenures located outside of municipal boundaries, and the tax revenue is then distributed to regional districts, improvement districts, and other local service providers.
Rights and responsibilities of a tenure holder
Your responsibilities as a Land Act tenure holder
Your Land Act tenure agreement will provide details on your responsibilities as a tenure holder; it is important that you review and understand the provisions in your specific agreement. Generally, you are not to despoil the land by depositing contaminants, you are to only use the land for your personal residential use, rents and property taxes are to be paid annually, and all applicable local bylaws and provincial and federal laws are to be followed as examples of the tenure clauses.
What you can’t do as a Land Act tenure holder
You cannot use the land in a manner inconsistent with the purpose of the tenure. For example:
- If you have a recreational residential tenure, you may only use the land seasonally – it is not intended for use as a primary residence
- Recreational residential tenures are intended for the use of yourself and your family. Short Term Rentals (for example,. Airbnb, VRBO) are not permitted
You cannot assign (transfer) or sub-tenant your tenure to another person without permission of the B.C. government (as per your tenure agreement).
Review your tenure agreement for more information on what you can and cannot do on your tenure. If you have questions, contact FrontCounter BC to speak to a regional land officer. For contact information, visit Natural Resource Online Services.
How to purchase land after holding a residential tenure on Crown land
Not all residential or recreational tenures are available for purchase. This may be because:
- There are deficiencies in the parcel that make it unable to be registered under the Land Title Act
- The B.C. government has determined it needs to retain ownership of the land for other future objectives
- There may be significant natural hazards that have either emerged, or that were not recognized as hazards at the time the tenure was issued
If the land is made available for purchase, it will be at the fair market value of the land (not including improvements) at the time the offer for purchase is accepted, and no credit for rents previously paid or improvements will be applied against the sale price, unless your tenure agreement specifically makes provision for such a credit.
Contact your regional land officer if you are interested in purchase and they will be able to determine if your parcel may be available for sale. For contact information, visit Natural Resource Online Services.
How to convert a seasonal residential tenure into a permanent residential tenure
If you are currently using or wish to use your seasonal residential tenure as your permanent place of residence you may be eligible to convert your tenure. Note that in order to convert to permanent residential use the tenure holder will be required to show proof on demand of permanent occupancy, typically in the form of a Home Owner Grant.
Contact your regional land officer if you are interested in tenure conversion and they will be able to advise you on eligibility and next steps. For contact information, visit Natural Resource Online Services.
Additional requirements
The most common reason for delay is submission of an incomplete application, which is then returned to the applicant.
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Potential additional requirements
- Agent letter (PDF, 75KB) is required when an agent or consultant will be acting on behalf of an applicant
- Co-applicant permission is required when more than one applicant has requested to be named on the tenure document, which makes them co-applicants. A separate letter is required for each co-applicant and is generated within the online application system. The letter authorizes the main applicant to provide personal information for all co-applicants
- Occupant licence to cut is required when the tenure holder needs to cut timber on the Crown land tenure
- Road use permit for a Forest Service road, or a maintenance agreement with an existing road permit or special use permit holder, is required if the tenure holder will transport heavy equipment or materials on an existing Forest Service road
- Water Sustainability Act – change or use approval which allows the tenure holder to make changes in and about a freshwater source. Change or use approval applies depending on activity and length of use
Consulting with First Nations
FrontCounter BC
Contact information
FrontCounter BC Toll Free
1-877-855-3222
1-877-855-3222
Outside North America Phone
1-778-372-0729
1-778-372-0729