Riparian Rights BC: What to Know Before Buying a Lake House
Posted by Dave Kotler on Friday, May 16th, 2025 at 4:57pm.
Riparian rights are essential legal entitlements that you need to know about before buying a lakefront home. The laws determine what owners can do with their shoreline, including building docks, accessing water, and limiting others' use of the water directly bordering their property.
That dream of waking up to sparkling Okanagan Lake views might have you ready to buy a waterfront property as soon as possible. But hold on! Take some time to understand British Columbia’s riparian rights so you know exactly what is and isn’t yours when you buy.
6 Things to Know About Riparian Rights in BC
- You don’t own the water or lakebed—the government does
- Building into the lake requires special permission
- Natural shoreline changes can affect your property boundaries
- Existing docks or piers aren’t always legally permitted (a big problem for buyers!)
- You’ll need a special licence to use lake water for irrigation
- You can't block neighbours' access to the water
What Are Riparian Rights? (And Why Do They Matter When Buying a Lakefront Property?)
Riparian rights are the special legal rules that come with owning land next to water. In Kelowna, these rights affect what you can do with your lakefront property.
Here's the most important thing to know: Even though you own lakefront property, you don't own the water itself or the land underneath it. When it comes to lakes in British Columbia, the government (Crown) owns the foreshore—the land beneath the water and the strip of land between the water and your property line.
This means you can't just build whatever you want at the water's edge without getting approval first. Many buyers don't realize this until after they've purchased a lakefront home!
Where Does Your Property Actually End?
Your land typically ends at what's called the "natural boundary"—usually the high-water mark of the lake. Everything below that belongs to the government, not you.
This matters because:
- Your property might be smaller than you think
- You need permission for most structures that touch the water
- The actual boundary can change over time with erosion or buildup
With these rules in mind, it’s always smart to order a proper survey and ask the right questions before purchasing any lakefront property. Don't trust what the seller or listing says about property lines—verify them!
Riparian Owner Rights & Responsibilities
Land Protection
BC law lets you protect your land from erosion and flooding. You can build retaining walls, barriers, or embankments—but only on your property up to the natural boundary.
Want to build anything below that line or into the lake? You need government permission first.
This affects homebuyers because:
- That gorgeous seawall or shoreline improvement for your lake home’s backyard might not be legally permitted
- Future shoreline work could require a lengthy approval process
- Unpermitted structures might need to be removed (at your expense!)
Water Use & Water Quality Protection
Many lakefront buyers assume they can pump water from the lake for their landscaping or everyday household use. But that's not automatically allowed!
In BC, water use is strictly licensed and regulated by the provincial government. You need to apply for a water licence if you want to use lake water for:
- Irrigating your yard or garden
- Household use
- Any commercial purpose
Be sure to check whether any existing licences are in place before you buy, but don’t assume water rights automatically come with your new property.
Natural Accretion and Erosion: Watch Out for Changing Shorelines
Here's something else many sellers fail to mention: Lakefront properties can gain or lose land over time.
When land builds up naturally (in a process known as "accretion"), you might be able to claim it. But if land is lost through erosion, your property line shrinks. The tricky part? Your official title documents won't show these changes. Only a current land survey will reveal the true boundary, so you’ll need to include this among your other home-selling paperwork.
For buyers, this means that "100 feet of waterfront" from a 20-year-old listing might only be 90 feet today, or you could luck out and have gained additional shoreline over time.
Either way, you should always get an up-to-date land survey before buying a lakefront home.
Your Right to Access the Water: Ingress & Egress
As a lakefront owner, you have the right to access the water along your entire waterfront. The Crown will not authorize anyone the right to build a structure that prohibits your access to deep water. And just as importantly, you can't block your neighbours' access either.
In practical terms, this means:
- You can't build a fence that blocks access to the waterfront
- Neighbouring properties can't impede your access
- Any structures that interfere with access rights might need to be removed
Extension of Property Rights
A lot of first-time lakefront buyers think they own the water and lakebed directly in front of their property. This is a huge misunderstanding!
In the past, if you owned land on both sides of a small stream, you could claim ownership of the middle of that stream. But this old rule doesn't work for large bodies of water like Okanagan Lake.
With few exceptions, today's rules are crystal clear: According to BC's Land Act and Land Title Act, the government (Crown) owns all lakebeds.
What this means for you:
- Your property stops at the natural boundary (typically the high-water mark)
- You don't own any part of the lake or lakebed—even the part right in front of your lot
- When lakefront properties get subdivided, any historical water rights are usually lost
This affects Kelowna homebuyers because sometimes, sellers mistakenly think they own part of the lake. They don't! And neither will you if you buy their property.
Planning to Build a Dock? Read This First!
A dock is one of the most popular lake house amenities. However, building a structure that extends into Crown-owned waters isn't necessarily a sure thing. Here's what you need to know:
- Floating docks attached to your land may be allowed (with restrictions)
- Permanent docks, piers, or anything anchored to the lakebed requires government approval
- Most docks need a special Crown lease or permit
For buyers, this creates an important checklist:
- Are existing docks properly permitted?
- Do permits transfer to new owners?
- What are the annual fees for dock permits?
- Could unpermitted structures require an expensive removal?
As a buyer, always verify the legal status of any dock, boathouse, or water structure before purchasing a home. Sellers should be ready to provide documentation of all permits and approvals.
Do Your Homework Before Buying Lakefront Property
Lakefront real estate offers amazing lifestyle benefits, but it also comes with special rules. Understanding the basics of riparian rights will help you avoid pricey surprises.
Before signing that purchase agreement:
- Get a current land survey
- Verify that all water structures have permits
- Check if water licences exist (if needed)
- Understand boundary limitations
- Confirm that any planned improvements would be allowed
Intimidated? Don’t be! Waterfront living on any of the lakes in the Okanagan Valley is worth the extra homework. Just make sure you know exactly what you're buying—and what rights come with it.
If you need help navigating the market in Kelowna, talk to an agent who specializes in lakefront real estate. They'll help you understand the riparian rights that could make or break your dream property.
Dave Kotler