What is a municipal compliance certificate for an RPR in Alberta?
This answer covers the law of Alberta.
A municipal compliance certificate, usually shown as a stamp on the Real Property Report (RPR), is the municipality's confirmation that the improvements shown on the RPR meet its requirements. The surveyor prepares the RPR but does not decide whether it complies with municipal bylaws, so the owner must take it to the municipality, in person, to obtain the stamp. Names and practices can vary between municipalities, so check with yours.
The stamp has limits. It does not mean the building's use complies with the Land Use Bylaw, or address easements, covenants, legislation or other requirements affecting the land or buildings. If the review finds a non-compliant item, such as an encroachment or setback problem, the seller is typically expected to resolve it, for example by seeking a variance or relaxation from the municipality, before the stamp is given.
A stamp relates only to the RPR it was issued on. If the property has changed, you need a new or updated RPR and a new municipal review, and a statutory declaration is not enough. If nothing has changed, the seller may sign a Statutory Declaration or Affidavit that the existing RPR is accurate. Whether a variance is available depends on the municipality, so a lawyer can confirm.
Key takeaways
- The owner must take the RPR to the municipality, in person, to obtain the compliance stamp, because the surveyor does not decide municipal compliance.
- The stamp does not mean the building's use complies with the Land Use Bylaw, and it does not address easements, covenants or other requirements affecting the land.
- If the review finds a non-compliant item such as an encroachment or setback problem, the seller is typically expected to resolve it, for example by seeking a variance or relaxation, before the stamp is given.
- A stamp relates only to the RPR it was issued on, so a changed property needs a new or updated RPR and a new municipal review.