Did you know that the Halifax Regional Municipality recently enacted a new by-law impacting rental properties?
On June 12, 2023, By-Law R-400 came into effect. This By-Law requires that all property owners register their rental properties under the Residential Rental Registry by April 1, 2024.
I am a Rental Owner, what does By-Law R-400 Mean for Me?
By-Law R-400 means that your property will soon become part of a comprehensive list of rental properties within the Halifax Regional Municipality. It also requires that property owners to establish a maintenance plan for their properties.
This by-law applies to all rental properties with two exceptions:
- Properties licensed under the Homes for Special Care Act, such as nursing homes; and
- Properties that are part of a land-lease community where the home is owned by the occupant, such as in certain mobile home parks.
What sort of Maintenance plan will By-Law R-400 require me to get?
Under By-Law R-400 rental property owners must have a maintenance plan which lists the elements of their rental property which need to be repaired or replaced over the next five years as well as anticipated completion dates. By-Law M-200 outlines more specific requirements for rental property owners.
I only provide short-term accommodations, does By-Law R-400 still apply to me?
Yes, By-Law R-400 applies to all short-term accommodations. You must register your property under the Residential Rental Registry even if your property is already registered under the Tourist Accommodations Registry.
What Happens if I Buy a Property that was Already Registered?
Even if a property was registered prior to your purchase of it, you must register that property again. If you are purchasing a new rental property, you will want to ensure that you take the necessary steps to register it before renting it out.
Does By-Law R-400 have Associated Penalties?
Yes, By-Law R-400 can have severe penalties associated with it. Failure to comply can result in fines ranging from $150 to $10,000.
How do I register under the Residential Rental Registry?
To apply under the registry, you will need to submit an application. Your application will include the property address, your contact information, information on property management, a description of the property, proof of insurance, and additional information. You can submit your application through the online form on the municipality’s website. Your registration does not need to be renewed and there are no associated fees.
Are there any other new laws that may impact my rental property?
Yes, updates to By-Law M-200 provide new requirements for rental properties, specifically addressing building maintenance. For short term rentals, you should also be aware of new updates to the Tourist Accommodations Registration Act which requires short term rentals to be registered under the Tourist Accommodations Registry. Further, new amendments to the HRMs land use by-laws have limited where and how short-term rentals can be operated in what has been referred to as an “Airbnb Ban.”
