SEVEN HELPFUL TIPS ON REAL PROPERTY REPORTS
(RPR's)About Real Property Reports
Real Property Reports first came into existence in October of 1987. Prior to that date, we had survey certificates that didn't satisfy the requirements of an RPR (Real Property Report) as set out in paragraph 4.12 of the Alberta Real Estate Association's current Residential Real Estate Purchase Contract.
Issues
Only a Real Property Report that "reflects the current state of improvement on the property" satisfies Section 4.12 of the above mentioned contact. ie. If decks, fences, garages etc. have been added, deleted, or changed since the existing RPR (Real Property Report) was prepared, then the seller will need to have a current RPR (Real Property Report) prepared as per the terms of the contract.
Updates
Most surveyors will update an RPR (Real Property Report) that they have previously prepared, at a fraction of the cost to prepare a new one from scratch. More recently, the Alberta Land Surveyors Association has compiled a data base of registered RPR's. If you need to find out who prepared yours, go to The Real Property Report Index
Certificate of Compliance
Once a new or updated RPR (Real Property Report) is obtained, it must be sent to the City of Calgary for "evidence of municipal compliance" as required by Section 4.12 of the contract. This evidence is called a "Certificate of Compliance" and currently costs under $100. If the improvements (buildings, fences, decks, etc.) on the property do not comply with the City of Calgary set-back rules, the City will advise that a Development Permit is required at about double that cost.
If any improvement encroaches onto City land, then an Encroachment Agreement is required at a cost of about $500.00. The Encroachment Agreement becomes registered on the title. These are one-time fees. They do not have to be paid again each time the property is sold. It is possible that both a Development Permit as well as an Encroachment agreement is required.
For these reasons, one is well advised to obtain the proper development permit prior to any construction work being done.
Set-back Requirements
As a general rule, all of the following set-back requirements must be met in order to obtain a Certificate of Compliance. There are some exceptions for most older properties when the City will grant an Advisory Stamp )in lieu of a Certificate of Compliance) even though the improvements do not comply:
The House - the foundation wall of the sides of the house must be 1.2 metres or more from the side yard property line. Only 1.16 metre clearance? No problem! The City will round up in this case to 1.2 metres. The rear foundation wall must be at least 7.5 metres from the rear property line.
A shed (or outhouse) - any shed that is not attached to the house and is less than 10 square metres in size can be located anywhere on the property. A shed of any size, small or large - that is attached to the house must be at least 1.2 metres from the side property line.
A deck - if a deck is less than .6 metres in height, can be located anywhere on the property. The City then regards it as a patio. If the deck is .6 meter or greater in height, it must be back at least six metres from the rear property line and 1.2 metres from the side property lines.
A detached rear garage - must be set back at least .6 metres from the rear property line. If the garage has a maintenance free exterior such as metal or vinyl siding, stucco, unpainted cinder block etc., then it can be built right up to the side property line. If the garage does not have a maintenance-free exterior, it must be set back at least .6 metres from the side property line. The City doesn't permit eaves or eaves-troughs to extend on to the neighbour's or the City's land.
Encroachments
Fences - Make sure the fences, decks and retaining walls do not encroach on to the neighbour's land. The purchasers lawyer may insist on an encroachment agreement because it gets registered on his title as well as the sellers title. This becomes a serious problem because according to the purchase contract, Section 5.1(e), the Seller has warranted to the buyer that the improvements "do not encroach onto neighbouring lands. Title insurance will not solve this problem, as it does not cover fences. Can the buyer walk from the contract? Perhaps. It may very well take a Philadelphia lawyer to keep this one together without anyone getting sued.
Why do you need an RPR?
If the lot is pie-shaped, the odds are better than not that at least one of the fences will not be on the property line. The fence may be several feet on the neighbour's land, which gives the purchase the impression that the lot is significantly larger than it really is. An RPR (Real Property Report) should be ordered immediately upon listing the property and prominently displayed with the feature sheet so there is no doubt where the fences are located, etc. It may very well prevent lawsuits later. It is also a handy tool in measuring the size of the house as well as the lot. Delaying the RPR (Real Property Report) may very well cause problems further down the road, when you find out too late that there is an issue.
The above information is provided as a guideline only and is not intended to give legal advise. Please consult your solicitor for his/her opinion on your own particular situation.
