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Why is a compliance certificate required?
View the
Compliance Certificate page
for information.
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Real Property Reports & Compliance Certificates
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1.
What is a real property report?
A real property report is a survey document prepared by an Alberta land surveyor that shows the location of all buildings and other visible improvements situated on a parcel of land, including their distance from the property boundaries. Any easements or rights of way registered against the title of the property at the date of the survey will also be shown.
In preparing a real property report, the surveyor is required to note any visible encroachments that extend onto the property or from the property onto other adjoining lands, including county reserve lands.
The real property report is a legal document that you can rely upon as an accurate representation of the development existing on a piece of land.
2.
What is a compliance certificate?
A compliance certificate is a document issued by the county that states whether or not the existing buildings and/or other visible improvements, which are shown on the real property report meet the setback requirements of the county’s
Land Use Bylaw
and other applicable county policies.
3.
Why is a compliance certificate required?
View the
Compliance Certificate page
for information.
4.
Is the county legally obliged to issue a compliance certificate?
The county has no legal obligation to issue a compliance certificate. We do so as a public service since most lenders will not lend without one. Planning and development staff do not inspect the property, so we rely entirely on the information provided on the real property report.
5.
Why is the county’s compliance certificate so important?
As the development authority, the county can confirm on a compliance certificate whether or not the existing buildings and/or other improvements shown on the real property report meet the current setback requirements of the county’s
Land Use Bylaw
.
It is important to note that the compliance certificate only relates to the development existing on the date of the survey.
We would also remind you that a compliance certificate is not a substitute for legal advice. If there are any issues or questions regarding compliance, you should review these matters with a lawyer with relevant expertise.
6.
What does the county do to determine if the existing development complies with the Land Use Bylaw?
View the
Land Use Bylaw Compliance page
for information.
7.
What happens if the development is not in compliance?
View the
Land Use Bylaw Non-Compliance page
for details.
8.
What action will the county take if there are encroachments onto adjoining county property?
View the
Encroachments on County Property page
for details.
9.
Will the county accept a real property report or another survey document that is not current?
Yes. However, we will draw attention to the fact that the survey is not current and that the development described on the real property report or other document may not accurately reflect what is presently on the site.
Sometimes, the current property owner may be required by the financial institution or the buyer to sign a statutory declaration confirming that there have been no changes made to the site (in terms of new or replacement buildings, building additions, or other surface improvements) since the date of the survey.
Even if no changes have been made, it is probably best to get the real property report updated by an Alberta land surveyor to ensure it accurately reflects the current status of the property.
10.
What is the cost for a compliance certificate from the county?
The current fee for a compliance certificate is $40, (same day service $80) payable in advance by check, cash, money order, or debit card. There is no goods and services tax.
11.
How long does it take to obtain a compliance certificate ?
View the
Compliance Certificate Timeline page
for information.
12.
Can you obtain a copy of an existing real property report from the county?
The county will not release a copy of any existing real property report that it may have in its possession due to the copyright restrictions placed on the document by the Alberta land surveyor.
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