This Old House: New Rules Need Not Apply

If you have a house built before March 16, 1970, the City of Calgary Planning Department has some good news. All the usual setback requirements in the current Land Use Planning Bylaw don't apply.

There's no requirement to keep a 1.2 meter sideyard strip free and clear of any buildings, or to keep any building 7.5 meters away from the rear lot line. More modern houses need to abide by these rules, but for older buildings these do not apply.

According to the Planning Department, it was a free for all before the 1970's where theoretically a builder could have placed a structure anywhere on a lot.

What happened on  March 16, 1970? City Council passed Development Control Bylaw No. 7839 ushering a new era in Calgary's development.

This old house in Capital Hill was built in 1951, so the building doesn't need to be 1.2 meters away from the side property boundary. The City stamped the Real Property Report with a Certificate of Compliance.

The usual building requirments specified in today's bylaws will apply if the old structure is pulled down and a new one built, or significant renovations are made.

Air Conditioning Units - Are They on the Wrong Side?

June 1, 2008 - it's a date that every air conditioner installer should know. On that date the City of Calgary started to regulate the position of air conditioning units through Land Use Bylaw 1P2007:

Projections Into Side Setback Area

337.10 - Central air conditioning equipment may project a maximum of 1.0 metres into a side setback area:

(a) for a Contextual Semi-detached Dwelling and a Semidetached Dwelling, only where the side setback area is on the street side of a corner parcel; and

(b) for all other uses:
  (i) when located on a corner parcel; or
  (ii) where at least one side setback area is clear of all central air conditioning equipment, window wells and portions of the building measured from grade to a height of 2.4 metres.
 
In everyday english, a 1.2 meter strip of land on one side of the house must be clear.

What if you have an old AC unit that doesn't follow this rule? Will you need to move the AC unit in order to get a Certificate of Compliance for a Real Property Report?

If the air conditioning unit was installed prior to June 1, 2008, there were no bylaw rules pertaining to air conditioning equipment and therefore, proof of installation would be required to confirm the installation date.

Acceptable forms of proof are:

    An official receipt or invoice showing the installation date (not the purchase date) of the equipment.
    The builder’s purchase agreement showing record of air conditioning installation.

Note there are window wells in the 1.2 sideyard setback on the other side of the AC Unit, this would not pass the current bylaw. Luckily, the owner kept the original receipt from the installer and the City issued a Certificate of Compliance.

If you've lost the documentation, or the offending AC unit was installed after June 1, 2008, a Development Permit for relaxation is required to make the unit compliant.If you do have the invoice, the air conditioning unit can stay in the sideyard setback, it can even be placed right up to the property line.

1.2m Side Yard Setbacks - Too Close for Comfort?

Big houses sometimes come with small side yards. In most cases, the minimum side setback area in the City of Calgary is 1.2 meters according to Land Use Bylaw 1P2007:

Building Setback from Side Property Line

456 (1) For a laned parcel, the minimum building setback from any side property line is 1.2 meters.
(2) For a laneless parcel, the minimum building setback from any side property line is:
(a) 1.2 meters; or
(b) 3.0 meters on one side of the parcel, when no provision has been made for a private garage on the front or side of a building.

Typically, this means no part of the building foundation can be closer to the property line than 1.2 meters. Exceptions do happen, and the City Planning Department may grant a relaxation if a building foundation is closer than 1.2 meters after a 6-8 week process.

6-8 can be a very long time, especially if a Real Property Report has been ordered late and it reveals part of a building foundation is too close to the property line and no Development Permit or relaxation had been previously issued. The City will refuse to issue a Certificate of Compliance and closing conditions might not be met in time.

This could have been the case for a recent client in Valley Ridge. City staff were puzzled that the client's house had been previously granted a Certificate of Compliance without a Development Permit or relaxation. A portion of the foundation was only 0.75 meters from the property line.

The projection encroaches 0.45 meters into the side setback area (1.2 subtract 0.75) and is 2.44 meters long.

After some inquiries with senior staff, there is an exception that appears in the City Bylaws. If the portion of the offending foundation is less than 3.1 meters in length, it is considered a "projection" and allowed to encroach up to 0.6 meters into the side setback area.

Length of Portions of a Building in Setback Areas

335 (1) On each storey, the total combined length of all projections into any setback area must not exceed 40.0 per cent of the length of the façade.
(2) The maximum length of an individual projection into any setback area is 3.1 metres.
(3) Subsections (1) and (2) do not apply to:
  (a) decks, eaves, ramps, and stairs when located in any setback area; and
  (b) a private garage attached to a main residential building when located in the rear setback area.

City staff follow a simple "one side clear" rule when checking real property reports. The simple rule is: if one side of the building has projections into the side setback area, the other side needs to be clear of all obstructions.

Projections Into Side Setback Area

337 (1.2) Portions of a building less than 2.4 meters above grade may project a maximum of 0.6 meters, and window wells may project a maximum of 0.8 meters, into a side setback area:

(b)(ii) where at least one side setback area is clear of all central air conditioning equipment, window wells and portions of the building measure from grade to a height of 2.4 meters.

Unfortunately for the client, because one side had projections, the air conditioning units on the other side of the building needed to be moved towards the house to maintain a 1.2 meter clearance. The AC units were encroaching into the side setback area by 0.1 meters.The City refused to issued a Certificate of Compliance and  required another survey showing the air conditioning units at least 1.2 meters from the side property line.

The Air Conditioning units are 0.1 meters too close to the property line, this sideyard must be clear since there are projections on the other side of the house.

Thankfully the units were not bolted to the concrete foundation so they could be easily moved and a new survey was issued for City approval.

When it comes to City of Calgary Planning Bylaws, there are always exceptions - the key is knowing where they are in Land Use Bylaw 1P2007 - a document weighing in at over 944 pages.

Front yard fences - What if the fence is too high?

Are you thinking of building a fence? Be careful about how high you build, otherwise that new fence might not follow the City of Calgary's land use bylaws:

Land Use Bylaw, 1P2007 - Fences

Section 343 - The height of a fence above grade at any point along a fence line must not exceed:

(a) 1.2 metres for any portion of a fence extending between the foremost front facade of the main residential building and the front property line;

(b) 2.0 metres in all other cases; and

(c) 2.5 metres at the highest point of a gate that is not more than 2.5 metres in length.

In this dupex the foremost front facade is the 6.10m portion east of the fence, not the facade to the north on the adjacent unit.

This is good information to know before building a fence. However, what if there's already a fence in the front yard and the Real Property Report (RPR) shows that it's 1.8m high when it should only be 1.2m? What if you're selling the house next week?

Do I need to get out a chainsaw?

Thankfully, the Planning Department doesn't look at fence height for Certificate of Compliance stamps. The certificate itself states the following:

"The Certificate of Compliance relates only to the building location requirements of the Land Use Bylaw 1P2007..."

According to the Planning Department, fence height won't affect whether or not the City will stamp the RPR. However, a fence higher than 1.2m in a front yard does not meet the bylaw requirements. If somebody complained, the City might still investigate.

Encroachments on City of Calgary Roads - What a Real Property Report Shows

If a fence encroaches on a City of Calgary road, it must be shown on a Real Property Report (RPR) according to the Alberta Land Surveyors' Manual of Standard Practice. What the City of Calgary will do depends on the size of the encroachment.

Back in 1996 the City of Calgary realized it needed a uniform encroachment policy, rather than the ad-hoc method that previously existed. Bylaw CS008 - Encroachment Policy outlines procedures for City staff to follow when dealing with certain types of encroachments.

0.3m is the cutoff line for fences that encroach onto City roads. Anything less and chances are the City Planning Department will simply issue an Encroachment Advisory Stamp along with the Certificate of Compliance without a waiting period. Anything more and the City (Corporate Properties Department) may require the fence to be moved, or a more detailed encroachment agreement registered on title after a 6-8 week process.

0.29 - That's close! A recent client was relieved he wouldn't have to wait weeks for a Compliance Stamp in order to receive the withheld proceeds from a real estate transaction.

Bylaw CS008 -Schedule "A" - Authorized Encroachments onto a Street

1.3 Fences

- encroaching not more than 0.3 meters where the fence creates an enclosure
- encroaching to the back of the sidewalk or to 1.0 from the curb (if there is no sidewalk) where the fence is a linear projection of a fence on the Applicant's property EXCEPT where adjacent to a Street
- developer fences required under development agreements
- fences running parallel to pathway (which run over a property line) may exceed 0.3 meters subject to minimum access requirements

Note - If the City Planning Department issues an Encroachment Advisory Stamp for a fence, head up to City of Calgary Corporate Properties on the 9th Floor and they may void the advisory stamp if the fence encroaches less than 0.34 meters on the street.

Is your house a non-standard distance from the property line?

If you're trying to sell a property with non-standard distances from the property line, obtaining a Certificate of Compliance could take up to two weeks.

A house we surveyed recently in Lynnwood is at the end of a cul-du-sac in a pie shaped lot. The 1974 vintage houses were built very close to the property lines - a situation where everyone's eaves encroach on the neighbor's lot. The typical 1.20m sideyard setbacks were not applied during construction.

A pie shaped lot with a non-standard 0.38 distance from the property line - City requires up to two weeks to approve

The non-standard sideyard setbacks were approved in development permits issued by the City. However, the Planning Department requires up to two weeks to locate the necessary paperwork. In this situation, a Certificate of Compliance won't be granted immediately at the walk-in approvals in City Hall.

Be sure to budget the appropriate amount of time when obtaining a Certificate of Compliance for non-standard property line setbacks.

Update - It took seven days for the City to issue the Compliance Stamp!

Solid Privacy Walls for Semi-Detached Decks - Is it long enough?

When buying a semi-detached dwelling in a new area, decks and privacy walls might not be constructed by the time an owner takes possession. Often, it is up to the owners to construct a deck in accordance with section 339 of the City of Calgary's Land Use Bylaw.

Section 339.3

A deck attached to a Contextual Semi-Detached Dwelling, Semi-Detached Dwelling, Rowhouse or Townhouse within 1.2 meters of a property line on which a party wall is located, must have a solid privacy wall that:

             (a) is a minimum of 2.0 meters in height;
             (b) is a maximum of 3.0 meters in height; and
             (c) extends the full depth of the deck.

A recent client constructed a privacy wall, but it did not extend the full depth of the deck. There was a fence post at the end of the deck that was not 2.0 meters high.

The fence post isn't high enough to be considered part of the privacy wall

The Real Property Report (RPR) clearly showed the privacy wall being well short of the deck. Unfortunately, the City of Calgary refused to issue a Certificate of Compliance Stamp without modifications to the privacy wall.

The City can do math! 3.00m subtract 2.86m means the privacy wall is 0.14m short of the deck.

When building a privacy wall, make sure it extends the entire length of the deck at the required height. Nobody likes heading down to the City Hall Planning Department twice for the same RPR.

We know it's tough out there, but keep smiling!

Buying and selling a house is a major life event. It seems lately the decision to make a change has been driven by the economy. When I deliver a Real Property Report (RPR), I'm hearing that many clients are going through challenging times. Layoffs at Suncor, Stantec, and the companies that service the oilpatch are all too common.

Times are tough, but there are little things here and there that might make you smile. I didn't realize it at the time, but my 5 year old daughter had secretly sketched a girl on the back of my latest RPR. After delivering the RPR package, a client messaged me:

"Please thank her for making us both smile during kind of a tough time.  We are keeping that particular copy."

iPhone photo sent by client

It's tough out there, but keep smiling!

Deck vs. Patio - What's the Difference on a Real Property Report?

The difference is 0.60m according to the City of Calgary Land Use Bylaw.

"deck" means an uncovered horizontal structure with a surface height greater than 0.6 metres above grade at any point that is intended for use as an outdoor amenity space but does not include a balcony (Land Use Bylaw, 1P2007, s 13.47).

The City of Calgary requires a building permit for all decks. Also, decks must not encroach into the 1.2m side setback area (Land Use Bylaw, 1P2007, s 337.9). Encroaching decks must be shown on a Surveyors' Real Property Report (RPR). Before issuing a compliance stamp, the City will either require the encroaching deck to be cut back or a relaxation could be granted after a 6-8 week process.

A fine looking deck greater than 0.60m in height

"patio" means an uncovered horizontal structure with a surface height, at any point, no greater than 0.60m above grade, intended for use as an outdoor amenity space (Land Use Bylaw, 1P2007, s 13.103).

Patios don't require a building permit and may extend right up to the property line.

This patio extends right up to the side property line

If your thinking about building a deck or patio, remember that 0.60m height is crucial when getting a Certificate of Compliance stamp for a property survey.

Do Good Neighbours Make Good Fences? A Property Survey Shows Otherwise

What if your neighbor said a fence you built six months ago was 2 feet inside your property line? Your neighbor is kind enough to point out that he's got possession of 2 feet of your land. What a wonderful neighbor! And the timing couldn't be better, you're going to sell the house in 1 week.

So you diligently dig up the old fence, bore new fence posts and hammer in everything into the new location pointed out by your neighbor - all during a rainy weekend.

Afterwords, your wife reminds you to order a Surveyors' Real Property Report (RPR) to complete the upcoming real estate transaction.

The surveyor shows up, and later the RPR indicates the fence you moved was actually in the right spot. Worse still, another fence you thought was in the right spot is actually 2 feet into another neighbor's property. You've moved the wrong fence!

The fence a neighbor said to move

Unfortunately, this situation happened to a recent client in the southeast community of New Brighton. The client was an engineer and was no stranger to numbers and measurements. However, like many new subdivisions, his lot is defined by a giant curve which tapers slightly inward towards the back of the property. Even for an experienced surveyor, simply eyeballing the correct location of a boundary is very difficult.

Next time you think about building a fence, give a surveyor a call. A surveyor has the training and tools to correctly locate a boundary. It might save you a rainy weekend worth of trouble.

Decks and Minimum Rear Setbacks - What an RPR Reveals

Decks are a popular improvement enjoyed by many homeowners. However, when building a deck it's important to be mindful of the City of Calgary's rear setback area requirements. The City requires that all decks maintain a certain distance away from the rear property line. For areas zoned R-1, the minimum building setback from the rear property line is 7.5m (Land Use Bylaw, 1P2007, s 457). Decks are allowed to encroach into the rear setback area to a maximum of 1.5m (Land Use Bylaw, 1P2007, s 338.2). With the allowable projection into the rear setback area, decks must be 6.0m from the rear property line.

Unfortunately, homeowners may find out their decks are too close to the property line when it comes time to sell. Problems revealed by a Surveyors' Real Property Report (RPR) can be difficult to resolve quickly and especially frustrating if there are tight closing deadlines.

A client in Panarama Hills recently found out his deck encroached too far into the rear setback area. According to the property survey, the deck was 5.50m from the rear property line and not the minimum 6.0m called for by the City.

The homeowner had to take a saw to this new deck

The City indicated that he could apply for a "relaxation" which would take 6-8 weeks or simply cut the deck.

His closing date was in two days, so he rolled up his sleeves and sliced into the deck. The client read the new deck dimensions to us over the phone so the property survey could be updated ASAP. We dropped by later that day to verify all measurements and deliver the updated RPR.

Remember, when building a deck, make sure it's far enough away from the rear property line.

Thinking of Selling Using Comfree? You’ll Need a Real Property Report

Comfree is a great way of selling your house for a lower cost. Before getting ready to list, there are a few things you'll need before selling through Comfree.

Real estate transactions in Alberta typically require a Real Property Report (RPR). An RPR shows buildings and other improvements on the property and the location of property lines, easements and Utility Right-of-Ways. RPR's are a snapshot of the property and can answer questions like:

•     Is my fence on the neighbor's property?
•     Is the swimming pool underneath that powerline located in a utility right-of-way?
•     Was that new sunroom built according to the City of Calgary's Land Use-Bylaw?

These are important questions. On a Comfree purchase contract in Alberta, the seller guarantees the property complies with all municipal land use by-laws and all improvements don't encroach on neighboring lands or easements.

How does a seller demonstrate this to a buyer? Through a Real Property Report.

The Comfree Purchase Contract Fine Print - Why an RPR Matters

4.10 Closing

REAL PROPERTY REPORT: At least ten (10) business days prior to the Completion Day, the Seller will provide to the Buyer a current Real Property Report along with evidence of municipal compliance regarding the matters described in paragraph 6.2 below.

6.2 Warranties and Representations

The Seller warrants to the Buyer that the current use of the Property complies with the existing municipal land use by-law; the buildings and other improvements on the Property are not placed partly or wholly upon any easement or utility right-of-way and are entirely on the Property and do not encroach on neighbouring lands; and the location of the buildings and other improvements on the Property complies with all relevant municipal by-laws and regulations.

References:
http://blog.comfree.com/2013/04/24/documents-for-selling-a-house-what-you-will-need/ 
http://wjsurveys.com/edmonton_purchase_contract_.pdf