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.