What is a real property report?
A real property report is a site plan drawn by an Alberta Land Surveyor that shows the location of all buildings and other visible improvement 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.
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.
What is a compliance certificate?
A compliance certificate is a document issued by the Town to verify whether or not the existing buildings and/or other visible improvements that are shown on the real property report meets the setback requirements of the Town's Land Use Bylaw.
Why is a compliance certificate required?
The Town usually receives a request for a compliance certificate in connection with the purchase or sale of a property as the lender or buyer wants to know if the development on the property conforms to the Town's Land Use Bylaw. The compliance certificate will tell them that everything is in order, or that a compliance or other encroachment problem exists.
Lenders typically require a statement confirming that the development complies with municipal bylaws or that any problem is resolved prior to the registration of a mortgage. It is important that you check the lender's requirements carefully as some may be willing to accept an existing real property report in which case the seller may have one available for you. Others may insist on a current real property report. You also need to clarify whether a real property report is all that is required. Normally, they will want a compliance certificate from the Town.
Will the Town accept a real property report or another survey document that is not current?
Yes - however, staff 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 is 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 or building additions, or other surface improvements) since the date of the survey.
What is the cost of a compliance certificate from the Town?
The current fee for a compliance certificate is $25.00 payable in advance by cheque, cash, money order or debit card. There is no GST.
Can you obtain a copy of an existing real property report from the Town?
The Town 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 surveyor. You may contact the survey firm to obtain a copy direct from them.
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