Do I Need a New Real Property Report After Adding a Deck or Fence in Alberta?
This answer covers the law of Alberta.
Not always, but a deck, fence, shed or garage added since your last RPR can make that report out of date. If nothing on the property has changed since an existing RPR, the seller may sign a Statutory Declaration or Affidavit stating the existing RPR is accurate and the property is in the same state as at the date of the original RPR.
If the property has changed, a statutory declaration is not enough; only an updated RPR with a compliance stamp can confirm the property complies with municipal regulations. The old stamp cannot simply be reused, because a stamp relates to the RPR it was issued on and a changed property needs a new or updated RPR and a new municipal review.
Most standard residential purchase contracts in Alberta require the seller to give the buyer a current RPR with a municipal stamp of compliance, and buyers' lenders and lawyers usually require one too. Whether a particular fence or shed counts as a change, and how your municipality handles it, depends on the facts, so confirm with a lawyer before listing.
Key takeaways
- If nothing on the property has changed since an existing RPR, the seller may sign a Statutory Declaration or Affidavit confirming the RPR is accurate.
- If the property has changed since the RPR was prepared, a statutory declaration is not enough and only an updated RPR with a compliance stamp can confirm municipal compliance.
- A compliance stamp relates to the RPR it was issued on, so an old stamp cannot simply be reused for a changed property.
- Most standard Alberta residential purchase contracts require the seller to give the buyer a current RPR with a municipal stamp of compliance.