Real Property Report Bylaws for City of Edmonton Compliance Reviews
When reviewing Real Property Reports (RPR) for Certificates of Compliance, the City of Edmonton follows the latest Land Use Bylaws. If the RPR being reviewed fails to comply with any such Land Use Bylaws, the Certificate of Compliance will either be denied, or the property owner would need to apply for a bylaw relaxation.
Properties can fail a compliance check for several reasons, with some of the most common being covered or over-height decks, sheds or temporary structures attached to the main building, or even garages build too near to the property boundary. Noncompliance doesn’t mean all hope is lost, however, and the City of Edmonton will generally reach out to you or your land survey company to let you know to apply for a relaxation for any non-compliant points.
How Do I Find out If I Need a Relaxation?
The City of Edmonton will let you know whether you need to apply for a relaxation when going through the RPR review process for an Edmonton Compliance Stamp. If necessary, the city will contact you or the company that submitted the RPR on your behalf about applying for a relaxation. The company or land survey company that submitted your RPR for you will typically then let you know of any bylaw relaxations needed on the RPR.
How Do I Get a Bylaw Relaxation?
While each municipality follows its own process for granting a relaxation, the general process involves submitting a development permit for the non-compliant structure or building. Receiving a development permit from the City of Edmonton takes roughly eight weeks, and the price depends on the type of relaxation necessary. See the City of Edmonton website for the latest prices and more information.
Do I Have to Apply for a New Relaxation When Buying or Selling a Property?
No, when buying or selling a property in Edmonton, you or the buyers won’t need to apply for a new relaxation. Once approved, bylaw relaxations in Edmonton are permanent unless any alterations are made to the relaxed structures or objects.
Encroachments, Encroachment Applications, and Real Property Reports
Encroachments are any structures, including fences, retaining walls, and garden beds, that extend past your property boundaries and onto city property. Identified during the Certificate of Compliance review process, encroachments in Edmonton need to be registered or removed in accordance with local bylaws.
Oftentimes, a simple encroachment application and subsequent encroachment agreement will be all it takes to get your RPR and Edmonton Compliance approved. In some cases, however, you may be required to completely remove the encroachment and won’t be allowed to enter into an encroachment agreement with the city. This usually happens when encroaching onto city parklands.
How Do I Know If There Is an Encroachment on My Property?
The City of Edmonton will point out any encroachments on your property when you submit an RPR for an Edmonton compliance review. Unless the encroachment extends onto city parklands or other protected property, the City will generally request that you enter into an encroachment agreement with the City. You’ll also be given the option to completely remove the encroachment, negating the need for an encroachment agreement.
If you do decide to enter into an encroachment agreement, applications can take around 12 weeks or more to be approved and prices depend on the type and size of encroachment. Once completed, the encroachment agreement will remain in force on the property title indefinitely.
Applying for your first encroachment agreement may seem like a lengthy and complex process. Luckily, we at Arc Surveys are more than happy to help you out with any bylaw infractions in Edmonton. Give us a call at 780-800-1260 today or contact us online for more information.