Kimberley Short-Term Rental Alliance (KISTRA) was formed to act as a unified voice for encouraging the healthy development of the Short Term Rental industry in Kimberley, BC. We work together to advocate for professional standards and reasonable regulations to ensure a vibrant and community-centric vacation rental economy.
Our alliance aims to promote responsible and sustainable short-term rental practices, foster collaboration among hosts and property managers, and enhance the overall guest experience. We expect all short-term rental operators to work towards achieving the following minimum standards as set out by the City of Kimberley Short Term Rental Bylaw 2697, 2021 and held by the industry and this Alliance.
Join us in shaping the future of short-term rentals in Kimberley!
FAQs
What is a Short Term Rental?
In British Columbia, a short-term rental is typically defined as a rental accommodation that is rented for a period of less than 30 consecutive days. These rentals can include entire homes, apartments, condominiums, or individual rooms within a dwelling. Short-term rentals are commonly facilitated through platforms like Airbnb, Vrbo, and other similar services.
Key Points:
-
Duration: Less than 30 consecutive days.
-
Types of Accommodation: Can include entire homes, apartments, condos, or individual rooms.
-
Platforms: Often listed on online rental platforms like Airbnb and Vrbo.
-
Regulations: Subject to local municipal regulations, which can vary widely. These may include licensing requirements, zoning restrictions, and safety standards.
It is essential for short-term rental operators to be aware of and comply with the specific regulations and bylaws in their local municipality, as these can vary significantly across different areas in BC.
In Kimberley, BC, a short-term rental (STR) is defined under municipal law as a rental accommodation that is typically rented for less than 30 consecutive days. These rentals are often located in residential properties such as single-family homes, townhomes, or apartment units and are distinguished from commercial enterprises like hotels or motels. According to the Short-Term Rental Bylaw adopted by the City of Kimberley, the key points include: Safety and Responsibility: The bylaw aims to ensure the safety of occupants and the responsibility of operators by requiring all STRs to hold a valid licence. Zoning Regulations: Short-term rentals are only permitted in certain neighbourhoods as specified by local zoning regulations. Local Contact Requirement: Operators must have a local contact person available to respond to issues that may arise. Annual Licensing Fee: Each short-term rental unit must be registered annually with a licence fee of $300 per unit. Compliance: The bylaw seeks to reduce the impact of STRs on housing availability, neighbourhood character, noise, and traffic, while also eliminating unauthorized accommodations. These regulations help to manage and support the short-term rental market while ensuring it benefits the local economy and community.
Are STRs regulated in BC?
Yes, short-term rentals (STRs) are regulated in British Columbia. The regulations can vary significantly by municipality, but there are common elements and overarching provincial guidelines that many local governments follow. Here are some key points regarding the regulation of STRs in BC:
Provincial Level
-
Provincial Taxation: Operators of short-term rentals must collect and remit the Provincial Sales Tax (PST) and the Municipal and Regional District Tax (MRDT) if applicable. Airbnb and other platforms often facilitate this process on behalf of their hosts.
Municipal Level
-
Local Bylaws: Most municipalities in BC have implemented their own specific bylaws to regulate STRs. These bylaws can include requirements for business licenses, zoning restrictions, safety inspections, and local contact availability.
-
Licensing and Permits: Many municipalities require STR operators to obtain a business license or permit. For example, the City of Vancouver requires all short-term rental operators to have a business license, and they must comply with zoning bylaws that dictate where STRs can be located.
-
Zoning Restrictions: STRs are often regulated through zoning bylaws, which specify where such rentals are allowed. In some areas, STRs are only permitted in certain zones or types of properties.
-
Safety and Standards: Municipalities may require STR properties to meet certain safety standards, such as having working smoke detectors and fire extinguishers. Inspections may be part of the licensing process.
-
Compliance and Enforcement: Local governments have established enforcement mechanisms to ensure compliance with STR regulations, including fines for non-compliance and dedicated staff for monitoring and responding to complaints.
How do I start a STR in Kimberley?
If you are planning to start a short-term rental in Kimberley, we encourage you to join the KISTRA to demonstrate your commitment to our standards for professional and responsible hosting. As a KISTRA Host Member, you will have access to a step-by-step guide to help you get your rental operating legally, safely, and successfully in Kimberley.
If I buy a house in Kimberley now, can I short term rent it until I'm ready to make it may permanent residence?
If you buy a house in Kimberley, BC, and want to use it as a short-term rental (STR) before making it your permanent residence, you'll need to comply with the city's specific regulations for STRs. Here are the key steps and considerations based on the current bylaws and regulations:
Key Steps and Considerations
-
Zoning Compliance:
-
Check if the property is located in a zone that permits short-term rentals. In Kimberley, STRs are only allowed in certain neighbourhoods as specified by local zoning regulations.
-
-
Obtain a Short-Term Rental Licence:
-
You will need to apply for and obtain a short-term rental licence from the City of Kimberley. This involves submitting an application, paying an annual licence fee, and ensuring the property meets all safety and regulatory requirements.
-
-
Safety and Standards:
-
Ensure the property complies with safety standards, which may include having functioning smoke detectors, fire extinguishers, and other safety measures. The property might be subject to inspections by the fire department or other city officials.
-
-
Local Contact Requirement:
-
You must designate a local contact person who can respond to any issues that arise with the short-term rental. This is a requirement to ensure that any problems can be promptly addressed.
-
-
Annual Licence Renewal:
-
The short-term rental licence must be renewed annually. The current fee is $300 per unit, and you must ensure continuous compliance with all regulations.
-
-
Impact on Housing Availability and Neighbourhood Character:
-
Be aware that the bylaw aims to reduce impacts on housing availability and neighbourhood character. Operating an STR responsibly and within the guidelines will help maintain good relations with neighbours and the community.
-
Action Steps
-
Verify Zoning: Contact Kimberley's Planning and Sustainability Department or consult the city's zoning maps to confirm if your intended property is in a permitted area for STRs.
-
Apply for Licence: Complete the necessary application forms available on the City of Kimberley’s website and submit them along with the required fee.
-
Prepare Property: Ensure your property meets all safety and regulatory requirements before listing it as an STR.
-
Designate Local Contact: Arrange for a local contact person who can be available to handle any issues that may arise.
By following these steps and ensuring compliance with local regulations, you can legally operate a short-term rental in Kimberley until you are ready to make it your permanent residence.
For the most accurate and detailed information, you can visit the City of Kimberley's official website or contact their Planning and Sustainability Department directly.
How can I report an STR that's disturbing me and my neighbors?
If a short-term rental (STR) is disturbing you and your neighbors in Kimberley, BC, you can report it through the following steps:
Steps to Report a Disturbing STR
-
Contact the City of Kimberley:
-
You can report STR disturbances directly to the City of Kimberley. They have a specific process for handling complaints related to short-term rentals.
-
-
Submit an Online Complaint:
-
The City of Kimberley has an online form for reporting STR complaints. Visit their website and look for the "Report an Issue" section where you can find the "Short-Term Rental Complaint" form.
-
-
Phone or Email:
-
You can also contact the City’s Bylaw Enforcement Department by phone or email. Provide detailed information about the disturbance, including the address of the STR, the nature of the complaint, and any relevant dates and times.
-
-
Documentation:
-
When making a complaint, it’s helpful to document the disturbances. Keep a record of the dates, times, and nature of the disturbances. Photos, videos, and written notes can be useful evidence to support your complaint.
-
-
Local Contact Requirement:
-
STR operators in Kimberley are required to have a local contact person who can respond to issues. If you know the contact details of this person, you can reach out to them directly to address the problem.
-
Contact Information
-
Online Reporting Form: City of Kimberley - Report an Issue
-
Phone: You can call the City Hall at 250-427-5311 to be directed to the appropriate department.
-
Email: You can send an email to the Bylaw Enforcement Department at bylaw@kimberley.ca.
Additional Tips
-
Follow Up: After submitting your complaint, follow up with the City to check on the status of your report.
-
Speak with Neighbors: Encourage other affected neighbors to also file complaints. Multiple reports can emphasize the severity of the issue and prompt quicker action.
By following these steps, you can report a disturbing short-term rental and help ensure that the issue is addressed by the appropriate authorities.
What STR taxes am I required to pay?
If you are operating a short-term rental (STR) in British Columbia, you are required to pay specific taxes. Here is an overview of the primary taxes you need to be aware of:
Provincial Sales Tax (PST)
-
Rate: 8% on the purchase price of accommodation.
-
Who Collects: Typically, short-term rental platforms like Airbnb collect and remit this tax on behalf of hosts. However, if you rent your property through other means, you are responsible for collecting and remitting PST yourself.
Municipal and Regional District Tax (MRDT)
-
Rate: Up to 3%, depending on the municipality or regional district.
-
Purpose: This tax is used to fund local tourism marketing, programs, and projects.
-
Who Collects: Similar to PST, many platforms like Airbnb handle the collection and remittance of MRDT. If not, you are responsible for this tax.
Goods and Services Tax (GST)
-
Rate: 5% on the rental income.
-
Threshold: If your annual rental income exceeds $30,000, you must register for and collect GST. Below this threshold, registration is optional but might still be beneficial.
Local Municipal Fees
-
Business Licence Fee: Kimberley requires a short-term rental licence with an annual fee of $300 per unit.
-
Compliance Costs: There may be additional costs associated with meeting local safety and regulatory requirements, such as inspections or safety equipment.
Example Breakdown for Kimberley, BC:
-
PST: 8% of rental income.
-
MRDT: Up to 3% of rental income.
-
GST: 5% of rental income (if annual income exceeds $30,000).
-
Licence Fee: $300 annually per rental unit.
How to Remit Taxes:
-
PST and MRDT: If not handled by a platform, you can remit these taxes through the BC Government's E-Tax system.
-
GST: Register for a GST number and remit through the Canada Revenue Agency (CRA).
Additional Resources:
-
BC Government on PST: PST Bulletin 120
-
CRA on GST/HST: Guide for Small Businesses
-
Kimberley STR Bylaws: City of Kimberley
Understanding and complying with these tax requirements ensures that your short-term rental operations are lawful and support local community initiatives.
Do I need to display a Tax or Business ID?
In British Columbia, there are specific requirements regarding the display of a business license or tax information for short-term rental (STR) operators. Here are the key points:
Business License Display
-
Kimberley Requirement: In Kimberley, BC, operators of short-term rentals must obtain a business license. The license should be displayed in a visible location within the rental property.
-
Purpose: Displaying the business license helps ensure compliance with local regulations and provides guests with the assurance that the rental is operating legally.
Tax Information Display
-
GST Number: If your annual rental income exceeds $30,000 and you are registered for GST, you are required to provide your GST number to guests upon request. This is usually done through invoices or receipts rather than a physical display within the property.
-
PST and MRDT: Similar to the GST, if you are collecting PST and MRDT, you should be prepared to provide documentation of these taxes upon request.
General Best Practices
-
Online Listings: Include your business license number and, if applicable, your GST number in your online rental listings on platforms such as Airbnb and Vrbo. This transparency can build trust with potential guests.
-
Property Information Binder: It is a good practice to have a property information binder available for guests, which includes your business license, emergency contact information, house rules, and any other relevant details about the property.
Steps to Display Required Information
-
Obtain Business License: Apply for and obtain a business license from the City of Kimberley.
-
Register for GST: If your rental income exceeds $30,000 annually, register for a GST number with the Canada Revenue Agency (CRA).
-
Documentation: Keep a copy of your business license and any tax registration documents readily available.
-
Visible Display: Place your business license in a visible location within your rental property, such as near the entrance or in a common area.
-
Include in Listings: Add your business license number and tax information to your online rental listings for transparency.
For the most accurate and specific requirements, you should refer to the City of Kimberley’s official website or contact their Bylaw Enforcement Department directly.
Do landlord tenant laws apply to STR's?
In British Columbia, landlord-tenant laws generally do not apply to short-term rentals (STRs). The primary legislation governing landlord-tenant relationships in BC is the Residential Tenancy Act (RTA), which is designed to regulate long-term rental agreements. Here are the key distinctions and relevant points:
Key Distinctions
-
Duration of Stay:
-
Short-Term Rentals: Typically involve stays of less than 30 consecutive days. These are often facilitated through platforms like Airbnb and Vrbo.
-
Long-Term Rentals: Involve leases or rental agreements for 30 days or more, where tenants establish more permanent residency.
-
-
Regulatory Framework:
-
Short-Term Rentals: Governed primarily by local municipal bylaws and business licensing requirements. STRs are considered commercial activities rather than residential tenancies.
-
Long-Term Rentals: Governed by the Residential Tenancy Act (RTA), which outlines the rights and responsibilities of both landlords and tenants in residential rental agreements.
-
Applicability of the RTA
-
The RTA explicitly excludes accommodation where the tenant does not occupy the property as their principal residence. As such, short-term rentals used for temporary accommodation do not fall under the RTA's jurisdiction.
Municipal Bylaws
-
Municipalities may have specific bylaws and regulations that govern the operation of STRs. These can include licensing requirements, zoning restrictions, safety standards, and obligations for operators to address issues such as noise and neighborhood disturbances.
Example
-
In Kimberley, short-term rental operators must obtain a business license and comply with specific bylaws designed to manage and mitigate the impacts of STRs on the community. These bylaws do not extend the protections and regulations of the RTA to STR guests.