Oak Bay adopted its Infill Housing Program bylaw amendments on June 24, 2024 to meet the Province's small-scale multi-unit housing (SSMUH) legislation. The result is simpler than most neighbours: most residential lots larger than 280 m2 can now hold up to four homes, lots of 280 m2 or less can hold three, and the District says "Development Permit review is not required for Infill Housing, only a Building Permit is required." Below is how the unit counts, zones, parking, charges and permits work, drawn from Oak Bay's Infill Housing Guide, its zone summaries and its 2025 cost charge bylaws.
How many units does Oak Bay infill housing allow?
- Lots of 280 m2 or less: up to 3 units.
- Lots larger than 280 m2: up to 4 units.
- Heritage-designated lots: up to 2 units (a principal home plus a suite or an accessory dwelling unit), unless more density is approved through a Heritage Revitalization Agreement.
The rules apply to the former single-family and duplex zones, renamed from "RS" to "R" zones (R-1 to R-5), and to a handful of commercial and institutional zones that allowed single detached homes. Strata and rental tenure are both allowed. Oak Bay's maximum densities map shows only 3-unit and 4-unit categories, and the guide does not describe a six-unit transit tier, so ask the District if you believe your lot sits near a prescribed frequent transit stop. For how Oak Bay compares with Saanich, Victoria and Langford, see our Greater Victoria units-per-lot table.
Which housing forms count?
Oak Bay's guide treats an "accessory dwelling unit" (ADU) as a self-contained home in a detached building smaller than the main house: a garden suite, or a coach house with a garage below. Depending on the zone, the four units can be arranged as:
| Zone | Forms the guide lists (up to 4 units) |
|---|---|
| R-1, R-2, R-3 (large lots) | A new or existing home with a secondary suite and/or up to 2 ADUs; an existing home converted into a multiple-unit building, with or without an ADU; a new multiple-unit building including townhouses; up to 4 detached one-unit dwellings (no more than 2 designed as principal buildings, 2 as smaller ADUs); 2 duplex buildings; a duplex with up to 2 secondary suites or ADUs |
| R-4, R-5 (small lots) | A home with a secondary suite and/or up to 2 ADUs; a conversion to a multiple-unit building; a duplex with up to 2 suites or ADUs in the rear yard; a new triplex or fourplex; up to 3 detached one-unit dwellings (1 principal, 2 ADUs). R-5 lots have tighter limits because of their size |
A secondary suite is the only form that cannot be stratified. Oak Bay's secondary suite page also keeps an owner-occupancy rule for suites (the owner must live in the main home or the suite) and requires an outdoor powered outlet for EVs, scooters or bikes.
Oak Bay zoning rules for infill: height, coverage, FAR and landscaping
Rather than change setbacks and heights across the board, Oak Bay added infill-specific parameters to each zone. The figures below come from the District's one-page zone summaries (June 24, 2024); the Zoning Bylaw governs.
| Parameter | R-1 | R-2 | R-3 | R-4 | R-5 |
|---|---|---|---|---|---|
| Floor area ratio, 3 or more units | 0.25 | 0.4 | 0.55 | 0.6 | 0.8 |
| Floor area ratio, up to 2 units | 0.2 | 0.3 | 0.4 | 0.4 (0.5 with an ADU added to a retained home) | 0.4 (0.6 with an ADU added to a retained home) |
| Lot coverage, SSMUH (principal, accessory and ADUs combined) | 30% | 30% | 30% | 30%, plus 7% for ADUs where the existing home is retained | 30%, plus 10% for ADUs where the existing home is retained |
| Principal building roof height, SSMUH | 5.1 to 9.1 m by lot breadth | 5.1 to 9.1 m by lot breadth | Per zone summary | 10 m | 10 m |
| ADU height | Roof height 6.0 m, building height 4.4 m (4.2 m in R-4), 2 storeys; 1.5 m rear and interior side setbacks | ||||
| Front setback | 10.7 m | 10.7 m | 7.6 m | 6.0 m | 6.0 m |
| Off-street parking, SSMUH | 1 per unit | 1 per unit | 1 per unit | 0.5 per unit | 0.5 per unit |
| Live landscaping minimum | 50% | 40% | 40% | 30% | 20% |
| Maximum paved coverage, front yard | 25% | 25% | 25% | 30% | 40% |
Three practical points. First, covered parking is no longer required, the "occupiable height" measure was dropped and the contextual front setback was removed, which simplifies design. Second, in R-4 and R-5 the FAR and coverage bonuses reward keeping the existing house and adding an ADU, which is often the cheapest route to a second or third unit. Third, the live landscaping minimum and the Tree Protection Bylaw's canopy targets by zone can shape the site plan as much as the setbacks do.
Do I need a development permit in Oak Bay?
For a standard lot, no. The District's position is that only a building permit is needed, and the guide states that "a Form and Character Development Permit is only required for infill projects that require rezonings." You will still need a development permit if your lot is in the Watercourses, Shorelines or Hazardous Conditions development permit areas (the GIS map shows these layers), and hazardous conditions can limit the density you achieve. Properties in the Uplands neighbourhood need a Siting and Design Review approved by Council under the Uplands Regulation Bylaw. Variances to setbacks, height or parking go through a Development Variance Permit or the Board of Variance; use and density cannot be varied without rezoning.
That is the same approach Saanich takes for four or fewer units, and more permissive than Esquimalt or View Royal, which require a development permit for every SSMUH project. See Saanich SSMUH explained for the comparison.
Permits, professionals and timelines
The guide lists a building permit and a plumbing permit as required, and the following as possible depending on the site: blasting permit, demolition permit, tree permit (Garry oak, arbutus, Pacific yew, black hawthorn, shore pine and Pacific dogwood over 4 cm in diameter, and any other tree over 30 cm), driveway access permit (one access per lot unless the frontage exceeds 30.5 m), engineering permit if the water, sanitary or storm services are undersized, Uplands approval, heritage alteration permit and the development permits above. Applications go electronically to the building inspections department, and full permit fees and securities are paid when the permit is ready to issue.
Oak Bay publishes general timelines, subject to volume: 1 to 3 months for design, 1 to 3 months to prepare a complete application, 8 to 10 weeks for building permit review and 6 to 12 months of construction. The professionals it expects are a designer or architect (a registered architect is required only above a 600 m2 footprint), a land surveyor (who also verifies siting and height during construction), a civil engineer for services, an ISA certified arborist for protected trees, and where needed structural, geotechnical and environmental professionals. Our permit timelines guide compares the region.
Oak Bay DCCs and amenity cost charges
Oak Bay adopted a new Development Cost Charge Bylaw (No. 4891) on February 10, 2025 and an Amenity Cost Charge Bylaw (No. 4892). The charges are among the highest per unit in the region:
| Category (Bylaw 4891 definition) | DCC | ACC |
|---|---|---|
| Low density: a one-unit dwelling that may contain one secondary suite or one ADU, or a two-unit dwelling (charged as two low-density units) | $26,187 per lot or unit | $9,465 per lot or unit |
| Medium density: 3 or more ground-oriented units with separate entrances (triplex, fourplex, townhouse, ADUs and suites in that mix) | $16,747 per unit | $6,441 per unit |
| High density: 3 or more units off a common hallway | $10,871 per unit | $3,921 per unit |
A fourplex therefore carries about $66,988 in DCCs and $25,764 in ACCs before permit fees. The DCC bylaw exempts units of 29 m2 or less, work valued at $50,000 or less, and development where a DCC was already paid unless new capital burdens result, so ask the District how it treats an ADU added to an existing house. From April 2, 2027 the CRD's Regional Water Supply DCC adds $9,044 per low-density lot and $7,914 per medium-density unit in Oak Bay as in every CRD municipality. Compare the other municipalities in our development cost charges guide.
Step Code, builders and servicing
Oak Bay requires the Zero Carbon Step Code EL-4 level for new Part 9 homes (confirm the effective date with the building department), so infill units are planned around heat pumps and electric hot water; the guide's own sustainable design list recommends heat pumps, electric stoves and solar. For a detached ADU that usually means a small ductless system; a heating contractor's guide to heat pumps for garden and secondary suites covers sizing and the separate-controls rule. The guide also reminds owners to contact BC Hydro early about electrical connections for multiple units.
A new fourplex, triplex or set of detached homes is a new multi-unit building, so BC Housing requires a Licensed Residential Builder and 2-5-10 warranty on each unit; owner builder authorization is not available for it (see owner builder vs licensed builder in BC). Oak Bay's guide says the same: engage a licensed residential builder and make sure the home is enrolled in third-party warranty. If you are adding a single detached unit to your existing house instead, the permit sequence is in our garden suite permit checklist, and a prefab shop's guide to prefab garden suites in Victoria explains how panelized walls handle tight back-yard access.
ACAP LTD provides general contracting for Oak Bay infill projects, from the eligibility check and permit package through inspections and occupancy. Tell us about your Oak Bay lot and we will set out what fits within the zone.