Ask a member for a definition of “bedroom,” they’d likely say, “a bedroom must have a closet and a window,” or maybe “a window you can climb out of.”  

The window part makes sense, but what about the closet? An urban myth, I’d say. I doubt the BC Building Code requires a room to have a closet in order for it to be considered a bedroom. The BC Building Code establishes minimum requirements for safety, health, accessibility, and fire and structural protection. It applies throughout the province, but it’s complicated because municipalities can have their own building bylaws, which are sometimes more stringent. And these may not be the same from municipality to municipality.

In the Board’s area there are 21 municipalities, three regional districts and numerous First Nations, including the Tsawwassen First Nation which has law-making authority under its treaty. Defining what constitutes a bedroom is not the no-brainer one might think it is. 

Let’s look at  the BC Building Code to begin:

9.9.10.1. Egress Windows or Doors for Bedrooms

1) Except where the suite is sprinklered, each bedroom or combination bedroom shall have at least one outside window or exterior door openable from the inside without the use of keys, tools or special knowledge and without the removal of sashes or hardware. (See Article 9.5.1.2. and Note A-9.9.10.1.(1).)

2) The window referred to in Sentence (1) shall

a) provide an unobstructed opening of not less than 0.35 m² in area with no dimension less than 380 mm, and

b) maintain the required opening during an emergency without the need for additional support. (See Note A-9.9.10.1.(2).)

3) Where a window required in Sentence (1) opens into a window well, a clearance of not less than 760 mm shall be provided in front of the window. (See Note A-9.9.10.1.(3).)

4) Where the sash of a window referred to in Sentence (3) swings towards the window well, the operation of the sash shall not reduce the clearance in a manner that would restrict escape in an emergency.

5) Where a protective enclosure is installed over the window well referred to in Sentence (3), the enclosure shall be openable from the inside without the use of keys, tools or special knowledge of the opening mechanism.

Some might say, “Who cares? Let the buyer decide what they want to use a room for.” And that makes sense, until you remember that a value component of any property can depend on the number of bedrooms it has, as well as all the other property features a buyer might want.

We recommend you consult your local government’s building bylaw or the BC Building Code. Also have a look at BC Assessment. It gives a bedroom count for listed addresses.

And what about “flex rooms” in condos? You can use a flex room for whatever purpose you want, including putting a mattress in there to give your unloved visiting relatives a place to lay their heads. But does that mean a flex room with a bed in it is a bedroom? What about the low-ceiling basement or attic areas where someone has set up a sleeping area. Are they bedrooms?

“I’m going to bed,” someone says. Everyone else in the house knows where they’re going. But what about when it comes time to sell the place? Can you call these areas bedrooms without doing some research?

Sure you can—if you want to expose yourself to potential legal and professional risk. But should you? Be careful. These rooms may be used as bedrooms, but does that make them actual bedrooms? It’s an important question to answer because when buyers and sellers assess what they think a place is worth, they often consider the number of bedrooms as a part of their evaluation. Quite naturally sellers want to put their property in the best possible light, and saying “one bedroom and den” wouldn’t be quite as attractive as a “two-bedroom.”

You can see it isn’t much of a leap for someone to call a room with a bed in it a bedroom, even if the original developer’s plan refers to the room as being a den or flex space. Years later, the room has morphed into being called a bedroom.

So, what does the Board do if a member questions another member’s bedroom count for their listing?

The MLS® department first checks the BC Assessment website to see what it says about the number of bedrooms. If that information isn’t available, we send a message to the seller’s brokerage asking for a confirmation of the bedroom count.

Where things can get riskier when a strata has a bylaw limiting the number of occupants in relation to the unit’s number of bedrooms. In that situation, it’s really important to do a bit a probing to find out what that room is called by the strata. Hopefully, someone would have an original developer’s brochure or floor plan of the unit. These, and what BC Assessment says about it, can be helpful. But those brochures are hard to come by as the years go by.

I’m told by our lawyers that court actions against REALTORS® often contain at least one allegation of misrepresentation. That being the case, here are some suggestions to help manage your risk:

First, talk to your managing broker. Be careful about calling flex space and dens “bedrooms.” Ditto for low-ceilinged house rooms.

Talk to your seller about the risks (for you and them) of calling a room a bedroom when it may not be one. Your seller may try to push you into saying the room is a bedroom when the developer didn’t call it that, or if   there’s some doubt as to what it is.

What kind of language can you use that might help to paper over the risk of misnaming a room? Try these on for size:

“As you can see, this room is being used as a bedroom.”;” 

“It’s a low-ceilinged room. I don’t know if it would qualify as being called a bedroom, but as you can see, the seller is using the room as one.”

And for R/Remarks, not Public Remarks, you might say:

“Currently being used as a bedroom, this flex space is ideal for all kinds of uses.”

Make sure your client understands the situation if there is some question about what a room with a bed in it is. Make a note in your file about your conversation; send a confirming email message or text, or make a note in R/Remarks so buyers’ agents can discuss it with their clients. You don’t want someone to later send you a message saying, “I’m not happy, you’ve misled me.”

That’s definitely not something a professional ever want to hear.