City of Calgary Bylaws for Real Property Reports
The City of Calgary uses the most current Land Use Bylaws when reviewing Real Property Reports for a Compliance Stamp. If the RPR under review does not meet the current Land Use Bylaws, a relaxation of the bylaw is required.
Common objects that require a relaxation are over-height or enclosed decks, sheds that are attached to the dwelling, and even garages that are built too close to the property line. If a relaxation is needed on your RPR, the City of Calgary will ask that a Development Permit be completed for any objects in question.
How do I know if I need a relaxation?
The City of Calgary will let you know when you apply for a compliance stamp on your current Real Property Report. If a relaxation is needed, the City of Calgary will contact you or whoever submitted the RPR on your behalf. If a Land Survey Company applies on your behalf, then the City will them know. The Land Survey Company in turn will let the homeowner know of the following bylaw relaxations that are needed on the RPR.
What is the process of relaxing a bylaw?
Each municipality as its own process for proceeding with a relaxation. The City of Calgary will request that a development permit for the structure or object in question be submitted. The development permit takes approximately eight weeks to process and is created by the City of Calgary. There is no extra cost as it is essentially already included in the cost of the compliance stamp. A few photos of the structure in question are also needed when submitting the required paperwork. See the City of Calgary website for more details.
Will the new homeowners have to complete the same relaxation when they sell?
The short answer is no. A relaxation of the bylaw will stay on file at the City of Calgary for the property in question. Unless further changes are made to the objects or structures that were initially relaxed, another relaxation will not have to be made.
Encroachments and Real Property Reports.
An encroachment is defined as being any position of a building, fence, driveway, retaining wall, or other structures that extends onto City of Calgary property. The most common encroachments take place in the front yard between the sidewalk and the property line or at the back of the property between the property line and the rear lane.
Encroachments are identified during the compliance process, and while the City will not hold up compliance for an encroachment, you are still required to take the necessary steps to have the encroachment registered (or removed) with the City of Calgary and the Land Tiles Office.
In some rare cases, the City of Calgary will ask for complete removal of the object in question from City property and will not allow the property owner to enter into an encroachment agreement. This is commonly seen when objects are encroaching into city parklands.
The most common objects that we see encroaching onto city property are:
- Retaining wall in the front or back of yards
- Garden beds
- Garage aprons
- Sheds or other outbuildings
- Structures built over a Right-of-Way or concrete swale.
How will I know I have an Encroachment on my property?
Encroaching objects will be flagged by the City of Calgary when submitting a Real Property Report for compliance. The City will request that an encroachment agreement be put into place between the homeowner and the City. Of course, the City will always give you the option of removing the object in question from their property or Right-of-Way.
Once the object is removed and your Real Property Report is updated you may re-apply for a Stamp of Compliance at no cost if its within 6 months of your original application. If you do not wish to remove the object in question, then the City will ask that you apply for an encroachment agreement
Encroachment agreements take approximately 12 weeks or more to be completed by the City of Calgary and can cost anywhere from $50-$900 and up. Once completed the agreement will remain on title with the property forever. Homeowners may work directly with the City of Calgary to complete an encroachment agreement or have the Land Survey Company who completed the RPR process the encroachment on their behalf.
In any case, encroachment agreements can be lengthy to complete and a little complicated.
If you’re feeling stressed out about a Bylaw infraction, then give us a call! We can help set your mind at ease.
Call us at 403-277-1272 or contact us here