Yes—in many cases you can build a garden suite (detached ADU) on your child’s property in Greater Victoria in 2026, but it depends on the municipality, the lot, and the existing home configuration. You’ll typically need zoning that allows a detached accessory dwelling, plus a building permit and compliant servicing. In the City of Victoria, a garden suite is generally not allowed if the main home already has a secondary suite. In Saanich, garden suites are legal with a permit on many RS/RD lots inside key service areas, and rules changed to allow both a garden suite and a secondary suite on many lots.
Moving into family’s backyard can feel both practical and emotional. If you’re weighing independence, privacy, and long-term flexibility, a garden suite can be a thoughtful option—when the rules and family plan align.
What counts as a “garden suite” in Victoria BC real estate?
A garden suite (often called a detached ADU or laneway-style suite) is a separate, self-contained home in the backyard of a property.
In Victoria, the City describes a garden suite as a legal, detached, ground-oriented suite in the backyard of a single-family home, and notes that a building permit is required.
Common local use-cases include:
A downsizer moving closer to family (without sharing a kitchen)
A multigenerational living setup with privacy on both sides
Long-term rental flexibility (where permitted)
“My kids own the house—can I build a suite in their backyard?”
The practical answer
Usually, the property owner (your child) applies for permits (or authorizes a representative). The garden suite becomes part of the real property.
The family-planning answer
Before anyone orders drawings, it’s wise to align on:
Who pays (and what happens if plans change)
Who lives there (now and later)
Exit options (selling, renting, caregiver needs, future mobility)
Because ownership, estate planning, and taxes can be complex, please consult a qualified accountant or lawyer for specific advice.
Provincial context: why “2026 rules” matter
BC’s small-scale multi-unit housing framework explicitly includes detached accessory dwelling units (ADUs) like garden suites as part of the housing forms local governments are enabling.
Important timing note:
The Province indicates local governments were required to update bylaws for Bill 44 by June 30, 2024, and further updates related to Bill 25 are required by June 30, 2026 (unless an extension applies).
In plain English: municipal rules can shift, so verify current requirements before you commit to a design.
City of Victoria: What are the garden suite rules in 2026?
If your kids’ home is in the City of Victoria (think Fairfield, Rockland, Fernwood, parts of Oaklands), Victoria’s Schedule M includes several big “gatekeeper” rules.
The biggest constraint: secondary suite vs garden suite
Victoria’s zoning schedule states:
A garden suite is only permitted when the primary building is a single-family dwelling
A garden suite is not permitted if the single-family dwelling contains a secondary suite
So if your kids already have (or want) a secondary suite in the main home, that can directly affect garden suite eligibility.
Size and height (high-level)
Victoria’s Schedule M also specifies:
Maximum floor area of 37 m² (with “plus site” exceptions up to 56 m²)
Maximum height of 3.5 m (with “plus site” exceptions up to 4.2 m)
Setbacks and separation space requirements (including separation from the main house)
What is a “plus site” in Victoria?
Victoria lists examples such as:
Corner lots
Lots with laneway access
Lots over a certain size threshold
Local tip: In Victoria, laneway access can be a practical advantage for privacy and construction logistics—but each site is its own puzzle.
*Add a note about the area so we can get the proper zoning
District of Saanich: Can you build a garden suite in 2026?
If your kids’ home is in Saanich (Gordon Head, Cadboro Bay, Mt. Doug, Broadmead, parts of the Saanich Peninsula), Saanich has a clear garden suite program.
Where Saanich generally allows garden suites
Saanich states it is legal to build a garden suite with a building permit, and that they are permitted on many RS-zoned or RD-zoned properties inside the Sewer Service Area and/or Urban Containment Boundary.
Saanich also notes:
Some parcels may have private covenants restricting garden suites (the owner’s responsibility).
Basic eligibility checkpoints (Saanich)
Saanich lists baseline criteria such as:
RS or RD zoning
Within Sewer Service Area and/or Urban Containment Boundary
Minimum lot size and width thresholds
A single-family dwelling as the principal building
Can you have both a secondary suite and a garden suite in Saanich?
Saanich’s FAQ states: Yes—both are permitted on many RS and RD properties as of June 30, 2024.
Short-term rentals
Saanich indicates garden suites:
Can be used for family or as rental
Cannot be used for short-term rentals (e.g., Airbnb)
Key dimensional rules (example: floor area)
Saanich’s zoning schedule for garden suites includes, among other standards:
A maximum gross floor area of 93 m² (1,000 ft²)
Oak Bay: Is a detached backyard suite possible in 2026?
Oak Bay rules have been evolving alongside provincial changes. Oak Bay’s housing program materials describe:
Detached accessory dwelling units as an infill housing type
In many cases, infill configurations up to four units on lots over 280 m²
Oak Bay is very street-and-character sensitive (South Oak Bay, Henderson, the Uplands edge). Even when something is permitted, design, siting, trees, and privacy tend to matter—both for approvals and neighbour relations.
A “no-surprises” checklist before your family commits
1) Confirm the address jurisdiction (it matters)
“Victoria” can mean:
City of Victoria
Saanich
Oak Bay
View Royal (and others)
Each has different ADU/garden suite rules.
2) Identify what already exists on the lot
Especially:
Secondary suite in the house
Existing accessory buildings you hoped to convert
Easements, rights-of-way, drainage corridors
Tree protection bylaws and root zones
3) Servicing and access planning
Expect conversations about:
Water/sewer/storm connections
Construction access (tight Oak Bay side yards and rock outcrops are real)
Emergency access and unit addressing
4) Design for long-term comfort (without overbuilding)
For downsizers and multigenerational households, features that often help:
One-level living or main-floor bedroom capability
No-step entry (where grade allows)
Wider doorways and a generous bathroom layout
Good lighting and simple circulation
(These choices can support aging-in-place and everyday comfort without making assumptions about who “should” live there.)
Financing, resale, and family agreements (important cautions)
A garden suite can add flexibility—for family living, guests, or long-term rental use (where permitted). Market trends may support demand for multigenerational options in Victoria BC real estate, but no one can guarantee future value, resale timing, or rental outcomes.
If you’re considering:
Adding a parent to title
Loan guarantees between family members
Renting the suite to a non-family tenant later
Stratification or legal subdivision concepts
…please consult a qualified accountant or lawyer for specific advice.
Common pitfalls we see in Victoria / Oak Bay / Saanich
Assuming “Victoria rules” apply everywhere (they don’t)
Designing first, then discovering a secondary-suite conflict (common in the City of Victoria)
Underestimating tree constraints and site drainage
Forgetting that some municipalities restrict ADUs to long-term rental use
Not discussing the “what if” scenarios as a family (health changes, travel, resale, caregiving)
Where The Webbers can help (no pressure)
When you are ready, we can help you:
Sanity-check whether the plan fits the neighbourhood and property type
Compare locations where garden suites are more straightforward (or less)
Evaluate how this decision may affect future options for the main home
Next Step
Thinking about building a garden suite in your kids’ backyard in Victoria, Oak Bay, or Saanich? Reach out to The Webbers (Pemberton Holmes Real Estate) for a no-pressure conversation.