Housing in the ALR

Generally, land in the ALR may have no more than one residence per parcel unless you qualify for an additional residence.  In all cases, local governments or First Nation governments may further regulate or restrict residences in the ALR through zoning or laws including, number of residences, size limits, siting requirements, etc.

If you want to build more than the permitted number of residences, or a residence larger than the size limits set out below, approval from the ALC is required.

Learn more:

• ALC Information Bulletin 05: Residences in the ALR

Principal Residence

Most properties in the ALR are permitted to have one principal residence without applying to the ALC, provided the following conditions are met:

• Maximum size: The principal residence must have a total floor area of 500 square metres (m²) or less, and no more than 1,000 m² of fill (including structural aggregate for foundations and driveways) can be placed for its construction

Secondary suite within a principal residence

A secondary suite is permitted in the ALR only when it is located within the principal residence provided:

• The suite is entirely contained within the principal residence;
• A separate or detached dwelling is not used as a secondary suite; and
• Local government or First Nation government bylaws or laws permit secondary suites.

A local government or First Nation government may further restrict or prohibit secondary suites or limit their size.

Additional residence

In some cases, a property may also be permitted to have one additional residence without applying to the ALC. A Notice of Intent (NOI) may still be required if fill is needed.

To qualify:

• There can only be one existing residence on the property at the time construction of the additional residence begins.
• The additional residence must be detached from the principal residence.
• The maximum total floor area of the additional residence depends on the size of the property:
  • Up to 90 m² on properties 40 ha or less if the existing residence is 500 m² or less
  • Up to 186 m² on properties more than 40 ha if the existing residence is a size permitted under the ALCA

The additional residence does not need to be intended for farm help. It may be occupied by family members or others, provided the use complies with applicable local government bylaws or First Nation laws.

Learn more about the design considerations for an additional residence in:

• Design and Construction Guidelines for an Additional Residence Permitted under Section 34.3 of the ALR Use Regulation

The ALC has its own definition of total floor area to determine whether a residence in the ALR complies with the maximum size limits in the legislation. How total floor area is calculated depends on whether the building is a principal residence or an additional residence.

An overview of total floor areas is included below. The ALC’s detailed definition of total floor areas can be found in the Glossary of ALC Information Bulletin 05: Residences in the ALR. You should confirm how total floor area is calculated with your designer, architect, or local government before starting construction.

A local government of First Nation government may apply more restrictive rules when calculating total floor area; however, they cannot be more permissive than the ALC’s requirements.

Detailed definition of total floor areas:

• ALC Information Bulletin 05: Residences in the ALR

Principal residence

The “total floor area of a principal residence” is defined as the total area of all floors measured to the outer surface of the exterior walls. This  includes corridors, hallways, landings, foyers, staircases, stairwells, enclosed balconies, enclosed porches, and verandas.

Certain spaces are excluded from the calculation of total floor area, including:

• Attached garages and unenclosed carports, up to a cumulative maximum of 42 square metres (m²)
• Basements and crawl spaces
• Attics, defined as the unfinished space between the roof and the ceiling of the top storey or between a partial wall and a sloping roof. This exception applies only if the unfinished attic space is created by roof trusses; if attic trusses or rafters are used in construction, the space is not excluded from the calculation.

Additional residence

The total floor area of an additional residence is measured to the inner surface of the exterior walls. This approach accommodates prefabricated construction methods. The measurement includes the following spaces within the residence:

• Corridors and hallways
• Landings and foyers
• Staircases and stairwells
• Enclosed or partially enclosed balconies (including those with a covered roof and/or sidewalls)
• Enclosed porches or verandas
• Basements
• Unenclosed carports and garages attached to the side of the additional residence or below the additional residence unless designed as a carriage house described below.

Certain spaces are excluded from the calculation of total floor area of an additional residence:

• Unfinished attic spaces are excluded from the total floor area calculation only if they are created by the use of roof trusses. If attic trusses or rafters are used in the construction of the residence, the unfinished attic space is included in the total floor area calculation.
• Crawl spaces with a vertical height less than 1.8 m are excluded from the total floor area calculation.

Additional Residence – Carriage House exception

Attached garages are excluded from the total floor area calculation for an additional residence if the additional residence is located on the second storey above a one-storey garage, provided  all the following conditions are met:

• The garage is used for the storage or parking of motor vehicles for the principal residence.
• The garage is one large space accessed by garage doors.
• The total floor area of the garage on the first storey does not exceed the maximum allowable total floor area of the additional residence on the second storey (90 m² for property’s less than 40 ha, or 186 m² for property’s greater than 40 ha).
• There is no internal connection between the garage and the additional residence (the garage must not be intended for the additional residence).
• The additional residence, when above a garage, must be clustered close to the principal residence (i.e., located next to the principal residence).

Soil removal and fill placement are regulated in the ALR. It’s important to note that “fill” includes soil, gravel, and other types of aggregate used in the construction of residences and their associated infrastructure.

Principal Residence

Some fill or soil removal is permitted without an authorization of the ALC if all of the following are met:

• The fill placement area is 1,000 square metres (m²) or less
• The principal residence has a total floor area of 500 m² or less
• The depth/height of fill does not extend above floodplain elevation requirements (if applicable)

The 1,000 m² area includes the driveway and yard area serving the residence. If a larger area of fill or soil removal is necessary, a Notice of Intent (NOI) must be submitted to the ALC.

Additional residence

Fill is not permitted outright for an additional residence. Any amount of fill placement or soil removal needed to construct an additional residence requires an Notice of Intent (NOI).

Learn more:

• ALC Information Bulletin 05: Residences in the ALR
• ALC Information Bulletin 07: Soil or Fill Uses in the ALR
• Notice of Intent Process

A NARU application is required for residential proposals that exceed permitted limits, including those that involve larger residences, multiple residences, or replacement residences not otherwise permitted in the ALR, such as:

• A principal residence larger than 500 square metres (m²)
• An additional residence larger than 90 m² (property 40 ha or less) or 186 m² (property greater than 40 ha)
• More than one additional residence on a property
• Retain an existing residence until a new replacement residence is completed
• Any residential use that does not comply with the ALCA or ALR Use Regulation

Learn more about NARU applications: ALC Policy L-26 Non-Adhering Residential Use Applications

NARU applications are submitted through the ALC Portal and are first reviewed by the local government or First Nation government, who may resolve to forward the application the ALC before it can be considered by the ALC.

Learn more about submitting an application:

• Application Process

ALC staff cannot provide advice on how to obtain approval or comment on the potential outcome of an application.

The ALC has adopted a policy that outlines general guidelines for the Commission’s consideration of non-adhering residential use applications. This includes applications for temporary farm worker housing, and other housing for farm labour, as well as applications to construct or alter a principal residence which will exceed 500 square metres (m²) in total floor area.

Learn more about application considerations:

• ALC Policy L-26 Non-Adhering Residential Use Applications
• What the Commission Considers

Principal residence larger than 500 m²

The ALC has discretion to consider a principal residence over 500 m², even though it is not required for farm use. However, the ALC may consider:

• Whether the larger residence supports or reflects the farming operation
• The scale and intensity of agricultural activity on the property
• Whether agricultural land impacts are minimized
• Any unique or extenuating circumstances

Applicants are expected to explain why a larger home is proposed and how agricultural impacts will be reduced.

Additional residences beyond what is permitted

For additional residences that exceed what is permitted outright, the ALC can only approve the application if the residence is necessary for farm use. Additional residence applications may be for one or multiple residences for farm help including temporary foreign workers.

The ALC may consider:

• The size and intensity of the farm operation
• The commodities being produced
• Existing on-site labour and housing
• Whether on-site housing is needed for day-to-day farm operations
• Whether siting avoids loss or fragmentation of agricultural land

Any additional residence approved for farm use is generally expected to:

• Be sized appropriately for farm labour
• Be clustered with existing residential uses
• Minimize the overall residential footprint

Applicants are expected to explain why an additional residence is necessary for farm use such as how the occupants of existing and the proposed residence will contribute to the farm operation.

Building a new residence to replace an existing residence

If an existing principal residence is demolished and removed first, a new principal residence may be constructed without applying to the ALC, provided the new residence complies with the Agricultural Land Commission Act (ALCA) and the ALR Use Regulation.

However, approval from the ALC is required where an applicant proposes to continue living in the existing residence while a new principal residence is constructed. In this situation, more than one principal residence would exist on the property during construction, which is not permitted under the ALCA.

In an application to reside in an existing residence during the construction of a new principal residence applicants are expected to explain:

• Why they need to remain in the existing residence during construction, and/or
• Why the new principal residence cannot reasonably be built in the same location as the existing residence.

If an application is approved, the ALC may impose conditions to limit long-term impacts, such as:

• Registration of a restrictive covenant on the property’s certificate of title requiring removal of the existing residence once the new residence is complete. Applicants may wish to confirm feasibility with their financial institution prior to submitting an application.
• A financial security to ensure removal of the existing residence.
• Siting requirements for the new residence.

Short-term rental use is limited in the ALR and depends on the type of residence how it is used and what the local government or First Nation government permits. An overview of short-term rental is provided below.

Full rules and criteria for short-term rental:

• ALC Information Bulletin 06: Tourist and Agri-Tourism Accommodation in the ALR

Principal residence

Short‑term tourist accommodation in the form of a bed and breakfast is permitted in a lawfully established principal residence without applying to the ALC, provided all of the following apply:

• You live in the principal residence.
• The accommodation is limited to no more than four bedrooms in total, including any bedrooms in a secondary suite within the principal residence.
• Guests stay for short‑term periods only, meaning no more than 30 consecutive days per guest.
• Renting out the entire principal residence for short‑term stays (for example, whole‑house Airbnb or VRBO rentals) is not permitted outright and requires approval from the ALC.

Bedrooms in a secondary suite

Bedrooms located within a secondary suite inside the principal residence may be counted toward the four‑bedroom maximum for bed‑and‑breakfast‑style short‑term accommodation, provided that:

• The owner lives in the principal residence, and
• All other requirements for permitted bed‑and‑breakfast accommodation are met.

Bedrooms in a secondary suite located in a separate or detached dwelling cannot be used for bed‑and‑breakfast accommodation.

Additional residence and short‑term accommodation

An additional residence may be used for short‑term accommodation only as part of agri‑tourism accommodation, and only if all of the following apply:

• The property is actively farmed and has “farm” classification under the Assessment Act.
• The accommodation complies with all agri‑tourism accommodation requirements set out in the ALR Use Regulation.

If these criteria are not met, use of an additional residence for short‑term rental is not permitted outright and requires approval from the ALC.

Local government rules still apply

Even where short-term accommodation is permitted under the ALC’s regulations:

• Local governments or First Nation governments may restrict or prohibit short-term rentals
• Other provincial legislation, such as the Short-Term Rental Accommodations Act, may also apply depending on location

Landowners should confirm all local requirements before offering short-term accommodation.

Even if a residence is permitted under the ALR Use Regulations or approval of the ALC, additional permits or approvals may still be required.

 Depending on your location and proposal, you may need one or more of the following:

• A Notice of Intent (NOI) to place fill
• Local government or First Nation government approvals such as zoning approval, building permits, or siting requirements
• Health authority approval (for septic systems)
• Other provincial or federal approvals such as floodplain, environmental, or riparian requirements

Local governments and First Nation governments may be more restrictive than the ALR regulations and may further limit or prohibit certain residential uses, including additional residences.

Landowners are responsible for ensuring that all required permits and approvals are in place before starting construction.