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.
Typically the request for a Compliance Certificate is made pursuant to Section 4.2 (Warranties/Representations) of the Real Estate Purchase Contract which states:
"You warrant to the best of your knowledge, the following are true: the land and buildings are currently being used according to municipal bylaws; the buildings and land improvements are entirely on the land and not on any easement, right-of-way, or neighbouring lands (unless there is a registered agreement on title); the location of the buildings or improvements meet municipal bylaws or regulations or the buildings improvements are "non-conforming buildings" as defined in the Municipal Government Act (Alberta); the land buildings are currently being used according to, and the location of the buildings and land improvements meet the restrictive convenants on title (if any)."
However, pursuant to the Land Use Bylaw #4168, Planning Services will only address matters for the Compliance request as identified in Section 11.8 which states:
"Unless an Applicant specifically requests that additional matters be addressed, a compliance certificate or compliance letter shall deal only with:
(1) whether the current use of the Site is a Permitted Use or Discretionary Use or has been approved as a Similar Use, and if not whether it is to the best of the City’s knowledge a lawful nonconforming use;
(2) whether the Setbacks from a Building on the Site are in compliance with the minimum Setback requirements of this Bylaw, and if not whether to the best of the City’s knowledge it is a lawful non-conforming Building."
- A letter addressed to the Planning & Development Services 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.
Please review the fee schedule under Planning & Engineering; if you require further 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