Real Property Reports & Compliance Certificates

A real property report is a document prepared by an Alberta Land Surveyor that helps to establish some aspects of compliance. It is usually prepared in connection with a real estate transaction, and is requested by lenders or buyers to confirm whether the existing buildings and other structures on the property are legal and conforming, and are not encroaching onto adjacent private property or municipal roads.

A certificate of compliance is a document issued by the County to confirm that the improvements on the property have been constructed legally and in conformance with the Land Use Bylaw. This requires a search of the County records for the subject property and covers aspects such as the land use district that applies to the property and any development permits issued on the property as well as variances approved for yard setbacks and building height.

If it is found that the existing development on a property does not conform to the requirements of the County’s Land Use Bylaw, a development permit application is required to resolve the issues. This process may delay a real estate transaction by several weeks. It is advisable that a condition is placed on the offer to purchase to provide for any compliance issues to be satisfactorily addressed before final closing.

When a building does not conform to the current setback requirements, but instead was built according to County standards that no longer apply, the certificate of compliance will state that the building is "legal non-conforming” which means that it may remain at its present location, but may not have any structural alterations or additions without prior approval from the County.

Where the property is adjacent to a highway the setback distance requirements from the highway are established by Alberta Transportation, and not by the County. In such a case the County will defer to Alberta Transportation for a letter to support the compliance certificate.

Please call the Planning and Development department at 403-742-4441 if you require more information.