Developer Pursues Covenants to Restrict Density in South Surrey Neighborhood
In a move that contrasts sharply with provincial housing directives, developer Qualico is seeking to attach restrictive covenants to a proposed subdivision in South Surrey. These covenants would limit development to single-family dwellings with secondary suites, even as the British Columbia government actively promotes multi-unit housing in traditionally single-family zones.
Proposed Development Details
Qualico currently has a rezoning application before Surrey City Council for properties located at 2226 and 2246 180th Street, along with 2277, 2293, and 2225 184th Street. The proposal aims to transform these parcels into a subdivision comprising 169 single-family lots. According to a Surrey staff report, if the rezoning receives approval, the company intends to register covenants on each individual lot that would restrict development to one single-family dwelling plus one secondary suite.
"This is being done to assure the community we're not intending to build fourplexes," explained Sarah Yusuf, Qualico's director of development, who confirmed the company's intentions despite declining an interview request. "The neighborhood had concerns about the nature of the homes built on the single-family lots."
Historical Context and Current Implications
Douglas Harris, a law professor at the University of British Columbia, noted that restrictive property covenants were more prevalent decades ago but have become less common due to British Columbia's pressing need for additional housing inventory. "I know of historical examples of these, but I didn't know that developers were still using them in Metro Vancouver, particularly," Harris remarked. "I've seen relatively recent examples in developments in Kamloops and elsewhere, but I am surprised by this in Surrey."
Surrey City Council granted Qualico conditional approval for the project in June 2025, with final approval still pending. Until that final approval is secured, Qualico cannot proceed with registering the proposed covenants.
Provincial Mandates and Municipal Response
The City of Surrey must comply with Bill 44, provincial legislation requiring municipalities with populations exceeding 5,000 to accommodate small-scale, multi-unit housing on most single-family lots. This legislation permits up to four units on lots larger than 280 square meters and up to six units on lots situated near transit stops.
When questioned about the developer's covenant plans, Surrey's planning and development department responded: "If they choose to register such a covenant, the city would not be a party, and it would be a private matter between the applicant and future lot owners."
Yusuf did not directly address whether the company harbored concerns about the feasibility of registering these covenants given the provincial density mandates. Instead, she stated: "Our understanding is that the government has allowed municipalities enough flexibility to keep projects moving. I want to clarify that the City of Surrey didn't require us to register the covenant. Instead, we listened to community concerns about multiplexes being built in the neighborhood and, to address those worries, we offered to register the covenant."
Broader Housing Policy Context
This situation emerges against a backdrop of increasing tension between local community preferences for lower-density housing and provincial efforts to address housing shortages through densification. The proposed covenants represent a strategic attempt by Qualico to align with neighborhood concerns while navigating the complex regulatory landscape shaped by Bill 44.
The outcome of this rezoning application and the subsequent covenant registration process will likely influence future development approaches in Surrey and potentially other municipalities facing similar conflicts between provincial housing objectives and local community expectations.
