The requirement for a Compliance Certificate is imposed by a lending agency and not by the City. The City has been responding to these type of requests as efficiently as possible, to provide assistance in the completion of real estate transactions. On average, the Department handles about 1000 requests a year.
The request for a Compliance Certificate is made pursuant to Section 4.2 (Warranties/Representations) of the Real Estate Purchase Contract which states:
"The Seller warrants to the Buyer that: the current use of the Land complies with the existing municipal land use by-law; the buildings and other improvements on the Land are not placed partly or wholly upon any easement or utility right-of-way and are entirely on the Land and do not encroach on neighbouring lands; and the location of the buildings and other improvements on the Land complies with all relevant municipal by-laws, regulations or relaxation's granted prior to Completion Day, at the Seller's expense, by the appropriate municipality or the buildings and other improvements on the Land are "non-conforming buildings" for the purposes of the Municipal Government Act (Alberta)."
The City's compliance verification is, therefore, intended to address the above-noted requirement, while protecting the City from any potential liability arising out of real estate transactions relative to any compliance issue.
Information Requirements:
- A letter addressed to the Planning, Building and Development department outlining the request regarding the subject property together with the required fee.
- A current Real Property Survey Report (legible quality) showing dimensions and setbacks of the development from the property lines.
- A Real Property Survey Report older than three months requires a Statutory Declaration stating that there have been no additions and/or deletions to the development. If there have been any additions, these must be sketched on the Real Property Survey Report and referred to in the Statutory Declaration.
- Any construction, i.e. decks, tool sheds, and additions, etc. must show the dimensions and height.
- A copy of a current Duplicate Certificate of Title for the subject property should accompany the request for compliance.
Application Fees:
A fee schedule is available from the Planning, Building and Development department. For more information contact the Department at 403.529.8374.
For more information about Real Property Reports please contact a Land Surveyor (listed under Surveyors in the Yellow Pages) or contact the:
Alberta Land Surveyor's Association
2501 CN Tower
10004 - 104 Avenue
Edmonton, AB
T5J 0K1
1-800-665-2572

