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.