Can landlords ban air conditioning units in BC rental apartments?

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The forecast shows we are in the middle of a heatwave in parts of BC, with above-average temperatures expected in Vancouver and Victoria. It’s going to feel above 30°C thanks to that horrific humidex in many spots on the West Coast, and therefore, we are in need of a major cooldown.

But if you’ve been lying awake debating buying a marked-up air conditioning unit for your tiny apartment, you might want to try that frozen towel trick again because plugging one in might get you in a lot of trouble.

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According to BC’s current rules, unless you are living in a brand-new building, there’s a good chance you’re stuck in a sweat-tacular situation.

BC’s Residential Tenancy Branch states that there isn’t a maximum temperature rule for rental units, and your landlords are not required to allow AC units.

However, the BC Building Code just changed, and as of March 2024, it was required that all new residential buildings have one living space that does not exceed 26°C. If you look at the fine print, that might still prevent you from having an AC unit; it might instead be a common area in the basement to hang out.

Burnaby’s Brentwood Town Centre skyline. (EB Adventure Photography/Shutterstock)

The Residential Tenancy Branch says, “Landlords and tenants are encouraged to work together to ensure AC units are safely installed, operated, and do not cause damage.”

One of the reasons long argued by landlords is that older buildings do not have the electrical capabilities for individual air conditioning units, which overall take up a lot of energy and can overwhelm existing infrastructure. Your landlord likely has thought ahead on this one and included that clause in your rental agreement, which you likely didn’t read in full.

Plus, there are ongoing safety concerns that a wall-mounted unit hanging outside the window will fall and hurt someone, damage the building, etc.

However, there are always exceptions, and according to the province, it is prohibited for your landlord to ban AC units in rental agreements without a rational basis or safety concern.

Someone recently took their fight with their landlord to Daily Hive over a notice telling residents they were banned from using an AC unit. When Daily Hive spoke with the landlord from Tribe, they issued the following explanation:

“We can confirm that this building had a recent assessment done by an electrical contractor that raised concern about old wiring in the building, with the recommendation that no one in the building use AC as a safety precaution until further notice.”

In that case, their tenancy agreement didn’t outright say they couldn’t use an AC unit, and they are now taking their fight to the Residential Tenancy Branch, something the Tenant Resource and Advisory Centre strongly encourages.

In a previous interview with Daily Hive, LandlordBC, the organization that advocates for landlords, explained that they are responsible for ensuring their tenants do not face life-threatening living situations.

“The 2021 heat dome coupled with the likelihood of future similar extreme heat events brought to light the need for more resilient communities that ensure our most vulnerable are taken care of and checked in on,” said Hunter Boucher, director of operations of LandlordBC.

That might mean finding a solution, like providing fans, cooling rooms, or wellness checks.

But does that mean you have to sweat forever? No!

LandlordBC has partnered with the City of Vancouver to help landlords upgrade their units, access $500,000 in grants, apply for government rebates and ensure that their tenants are living comfortably through the Rental Apartment Retrofit Accelerator (RARA) pilot program, which can be used to determine if the building can benefit from a heat pump.

In the meantime, across the province, BC Hydro is still offering free air conditioning units to eligible residents. If you qualify, a technician will ensure that the unit can be set up in your space with your landlord’s blessing.

What do you think of the rules? Let us know in the comments.

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With files from Amir Ali