SECONDARY SUITES ARE NOT ALLOWED IN DEAN PARK ESTATES –
Update on December 2019:
It has become clear that there is still some confusion on the part of residents and of local real estate agents about whether rental suites are allowed in Dean Park Estates.
Secondary suites are NOT allowed in Dean Park Estates. All 782 properties in Dean Park Estates have restrictive covenants known as the Schedule of Restrictions registered against the title of the properties. The covenants designate that the only permitted use is as a single family residence. The full Schedule of Restrictions in available on DPECA’s website on the links above. Clause #7 states:
“…no building shall be used for any purpose other than that of a single
family residence. In particular, without restricting the generality of the
foregoing, no building shall be used at any time for the purpose of any
profession, trade, vocation, commercial enterprise of any description, nor
as a hospital, charitable, religious or educational institution,
apartment, boarding or lodging house”.
In Dean Park Estates et al. v. Taylor et al., 2005 BCSC 729, the Supreme Court of British Columbia ruled that the Dean Park Estates Schedule of Restrictions prevails over all other municipal or provincial legislation. Therefore, even though North Saanich District council policy allows secondary suites which meet their requirements in most areas of North Saanich, this does not overrule the Dean Park Estates Schedule of Restrictions.
As a 100% volunteer operated organization, Dean Park Estates Community Association (DPECA) relies on annual membership fees to advance our advocacy and communications endeavours on behalf of Dean Park Estates residents with regards to covenants and related neighbourhood matters.
If you have a question about secondary suites, the Schedule of Restrictions or you wish to discuss a possible covenant violation in Dean Park Estates, please contact us by completing the form located at Contact Us.
SCHEDULE of RESTRICTIONS:
Schedule of Restrictions for Dean Park Estates
(This is a PDF document that will open in a new window.)