Building codes

How BC law treats it

The BC Building Code is adopted as a regulation under the Building Act, SBC 2015, c 7. It is based on the National Building Code of Canada with BC-specific changes, and it sets minimum requirements for new construction, alterations, changes of use and demolition. The Building Act also limits the ability of local governments to impose their own technical building requirements, so that the standards are generally consistent across the province. The City of Vancouver is the main exception. Under the Vancouver Charter, SBC 1953, c 55, Vancouver sets its own technical standards in the Vancouver Building By-law, which tracks the BC Building Code closely but differs in places, for example on energy and some fire safety requirements. Federal buildings follow federal codes. Local governments enforce codes through building permits, plan review and inspections under building bylaws made under the Community Charter, SBC 2003, c 26 or, for regional districts, the Local Government Act. They can refuse occupancy, issue stop work orders and require corrections. Designers and builders take on responsibility for code compliance under the permit, and code breaches are often relevant evidence in construction defect and negligence claims.

What it means for your business

Code requirements drive the cost and timing of every construction project and tenant improvement. A change of use, such as converting a warehouse into a gym or restaurant, can trigger upgrades to fire separation, exits, washrooms and accessibility. Owners, tenants and contractors should confirm code requirements before signing a lease or fixing a construction price, and allocate responsibility for compliance in the contract. Example: A tenant leasing a former retail unit in Kelowna to open a brewery tasting room learns that the change of use requires sprinklers and an accessible washroom. It negotiates a tenant improvement allowance from the landlord before signing the lease.

Risks and common mistakes

Assuming the BC Building Code applies unchanged inside the City of Vancouver. Signing a lease without checking whether the intended use triggers code upgrades. Leaving responsibility for code compliance unallocated in a construction contract. Relying on an older code edition when the current one applies to the permit. Treating a passed inspection as a guarantee that the work fully complies.