Did you know that the Government of Nova Scotia recently enacted new laws affecting short-term rental properties?
On September 1, 2023, new amendments to land use by-laws came into effect which impact short-term rentals in the Halifax Regional Municipality. These amendments place limitations on where Airbnbs and similar short-term rentals can be operated.
What types of accommodations do the new regulations have impact?
The new laws impact all rentals which provide accommodation for 28 or fewer consecutive days. For example, many properties that are listed on Airbnb, VRBO, Booking.com, and Expedia will be impacted.
Can I run an Airbnb?
The new regulations limit who and where Airbnbs can be run. No Airbnbs can be run unless they meet one of two conditions:
- The Airbnb is part of the owner’s primary residence; or
- The Airbnb is in a commercial area where hotels already exist.
How do I know if my property is in a residential or commercial area?
To identify what type of zone your property is located in, you can look to the land use by-law for your district. These by-laws outline the type of use permitted in each zone.
I have a backyard or secondary suite on my property, can I run this as an Airbnb?
Unfortunately, the new amendments prohibit homeowners in residential areas from using their backyard or secondary suites as short-term rentals.
If I am renting out a room in my primary residence, are there any other restrictions to worry about?
- Yes, there are several additional restrictions that you will want to be aware of, including the following:
- You can only rent up to three bedrooms or the maximum number of rooms permitted in your zone;
- If you are operating an Airbnb out of your primary residence, you must remain at this residence while any of the bedrooms are being rented.
- You are only allowed to have one business sign on the premises and there are limits on its size and placement; and
- You will need at least one off-street parking space for each bedroom you are renting.
Are there any other new laws that may impact my Airbnb?
Yes, starting June 12, 2023, By-Law R-400 comes into effect in the Halifax Regional Municipality. This By-Law requires property owners to register their rental properties, including short-term rentals. Updates to By-Law M-200 also provide new minimum requirements for rental properties, with a focus on building maintenance. Further, new regulations under the Tourist Accommodations Registration Act require annual registration of short-term rental properties.
